By Bruce Asemota
The High Court in Banjul presided over by Justice Ebrima Jaiteh has dismissed the submission of no case to answer filed on behalf of Sainabou Mbye, Cherno Mbye and Kimbilly Dembilly and called upon them to open their defence.
Justice Jaiteh made this order in a ruling delivered yesterday premised on the submission of no case to answer on behalf of the accused after the prosecution closed its case.
The accused persons are charged with two counts of manslaughter and exposing child.
In his ruling, Justice Jaiteh disclosed that the prosecution produced evidence to support the allegations on the offence charged.
He further disclosed that the evidence adduced by the prosecution is such that requires some explanation from the accused persons of what actually happened in the vehicle where Muhammed was allegedly left for four hours.
He said the prosecution adduced evidence in the testimonies of the witnesses linking the accused persons to the case.
Justice Jaiteh revealed that it is undisputed fact that the accused persons and Muhammed with two other children were in the same vehicle and all of them alighted at their destination in Brusubi.
The trial Judge further revealed that the biological mother of the deceased testified that her son; Muhammed Mbye is dead and there was evidence that Muhammed was removed from the vehicle unconscious and rushed to Afrimed International Hospital in a critical condition as he was in a severe respiratory distress.
Justice Jaiteh said the cautionary statements of the accused persons were admitted into evidence without objection and if the defence had any objection and therefore a prima facie case has been made out against the accused persons. He accordingly dismissed the submission of no case to answer.
Sainabou Mbye, Cherno Mbye and Kimbilly Dambelly are expected to open their defence on Friday, 9th December, 2022 at 10:00 am.
