By Bruce Asemota
Justice Ebrima Jaiteh of the High Court in Banjul has acquitted and discharged one Francis Saine after the prosecution failed to prove the ingredients of murder charge against him.
Francis Saine, was charged with murder after he allegedly killed one Eli Ndene in 2015.
Francis Saine was arraigned before the High Court on 22 January 2018 and pleaded not guilty.
Justice Jaiteh disclosed that upon the close of the prosecution’s case, the defence raised a no case submission, which was overruled by the Court on 11 April 2019 and the accused was ordered to enter his defence.
Justice Jaiteh pointed out that Pw1 gave contradictory evidence before the court and the various testimonies by Pw1 were contradictory which created doubts in the mind of the court as to which statement is true or false.
Justice Jaiteh said the prosecution failed to establish credible, cogent and compelling evidence in support of an essential ingredient that the accused person Francis Saine caused the death of Eli Ndene.
“It would be worthless and will amount to an academic exercise in futility, if he tries to venture into the element of whether the death of Eli Ndene was caused with malice aforethought.”
