By Bruce Asemota
A High Court in Banjul presided by Justice Ebrima Jaiteh has dismissed submission of no case to answer filed on behalf of one Alagie Ceesay, a rape suspect.
The presiding judge stated that the submission of no case to answer lacks merit and the accused person should open his defense.
The Judge pointed out that the prosecution adduced direct and circumstantial evidence linking the accused to the case which requires the accused person to proffer some explanation as to what actually happened on the night of 10th June, 2019.
Justice Jaiteh disclosed that he need not deal with the credibility of the witnesses adduced by the prosecution or on the weight of their evidence but the question that needs answer is whether the prosecution has produced evidence to support the allegation on the offence charged.
The trial Judge stated that a prima facie case exists that requires the accused person to proffer some explanation.
Alagie Ceesay is charged with a single count of rape contrary to section 3(1)(a) of the sexual offences Act 2013.
The particulars of offence alleged that Ceesay on the 10th June, 2019 at Brikama Gidda in the West Coast Region had unlawful carnal knowledge of seven-year-old girl (name withheld).
The prosecution called eight (8) witnesses and at the end of the prosecution case, the defense opted for a submission of no case to answer.
