Delivering the judgment in a packed courtroom, the trial magistrate announced that the prosecution failed to prove its case beyond reasonable doubt. She told the court that Mass Kah was charged with sedition and the particulars of offence stated that he uttered a statement, to wit: “Why not you paste the photo of the president on the sky?”
Magistrate Jagne said Mr Kah denied the allegations against him and during the trial, the prosecution called five witnesses to prove their case. She rehashed that after the closure of the case of the prosecution, the accused opened his defence and did not call any witnesses.
The trial started on Wednesday 27 November 2013. According to the particulars of offence, on 14 November 2013 between 4pm and 5pm at Latrikunda German, Mr Kah uttered a statement against a photo of the president of The Gambia which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop.
The magistrate explained that according to the charge sheet, Bai Mass Kah asked the complainant: “Why not you paste the photo of the president on the sky? She said a prosecution witness testified that Bai Mass Kah told Camara: “If you wish, you can paste the photo of the president on the sky”.
The magistrate added that the accused also stated in his evidence-in-chief as saying: “If you wish you can paste the photo of the president on the sky”.
Magistrate Jagne stated that what the charge sheet contained was different from the evidence of the prosecution witnesses. Therefore she acquitted and discharged the accused, a visibly relieved Mass Kah, accordingly.
Lawyer Lamin Camara appeared for the accused while Sergeant Yahya Colley represented the IGP.]]>