Mrs Carayol is being tried on charges of unlawful publication, abuse of office, false information and corrupt practices. She denies culpability and was granted bail by the court.
Lawyer Hawa Sisay-Sabally prayed the court to acquit and discharge Mrs Carayol, enunciating that the evidence rendered by the prosecution’s six witnesses as well as exhibits tendered lacked the crucial elements required to establish a prima-facie case.
Ruling on the ‘no case-submission’, Magistrate Fatou Darboe pronounced: “I have carefully gone through the briefs of argument filed by the learned counsel for the accused and her reply on points of law. I have also gone through all the evidence adduced by the prosecution in proving their case against the accused person and the seven exhibits tendered as well as the two exhibits tendered by the defence. It is my view that the sole issue for determination at this point is whether the prosecution has made out a prima facie case requiring the accused person to put up her defence. It is perhaps important at this point to emphasise that a prima-facie case is simply the establishment of a legally required rebuttable presumption. Would it be out of place to require the accused person to offer some explanation of the facts above? I do not think so. The ‘no case-submission’ is misconceived and is overruled and the accused is hereby called upon to enter her defence.”
The magistrate also reminded the accused of her right to appeal against the ruling if she is dissatisfied with it.
Hearing resumes January 28 for defence.]]>