By Amadou Jadama
Principal Magistrate Muhammed Krubally of the Banjul Magistrate Court on Tuesday overruled UDP Ebrima Dibba’s no-case-to-answer submission filed by his lawyer Borry Touray.
Ebrima Dibba who is the deputy organising secretary of the opposition United Democratic Party is being arraigned on a single count of seditious intension.
However, Mr Dibba pleaded not guilty to the charge and his lawyer filed a no-case-to-answer submission on the ground that the prosecution had failed to establish a prima facie case against his client to warrant him to open his defence.
On September 11 last year, Lawyer Touray filed the no case to answer submission arguing that there was no fiat (meaning to give go ahead for prosecution) from the attorney general.
In his ruling, Magistrate Krubally told the court that Mr Dibba has a case to answer and ordered him to open his defence.
He said the prosecution presented three witnesses including two police officers and a court transcriber.
The magistrate said he deemed it “fair, necessary, convenient and appropriate” to allow and call on Mr Dibba to offer explanation or enter his defence before the court.
“I emphatically preface that it is the accused, Mr Ebrima Dibba himself who is in the best position and perhaps with witnesses if any to give explanations in his defence by telling the court that what had been alleged against him by the prosecution is a lie, unfounded and untrue.
“I need not say any more here, rather to say and conclude that since the prosecution has presented three witnesses all of whom testified in open court and cross-examined thereafter and from whom both oral and documentary evidence have been established and tendered and admitted by the court, I am inclined to accordingly overrule the defence counsel that, I am unable to accept such at this case. Accordingly,
I hereby rule in favour of the prosecution in that the said prosecution has laid prima facie case that warrants the accused to enter his defence….” Magistrate Krubally ruled.
Lawyer Touray informed the court that they intend to appeal against the ruling and after the filing, will formally apply for a stay of proceedings.
He applied for an adjournment and it was granted by the court. The case resumes on February 3.
