By Bruce Asemota
Katim Drammeh, a commercial driver charged with a single count of rash and negligent act causing death, has had his no case to answer submission rejected by the High Court presided over by Justice Ebrima Jaiteh.
In calling for the accused to open his defence, Justice Jaiteh narrated that the accused was alleged to have driven his car recklessly and unlawfully causing the death of one Bakary Keita in a collision with an ambulance.
The trial judge also revealed that the accused had pleaded not guilty and the prosecution called six witnesses, each contributing a piece to the intricate puzzle of culpability.
He said one of the witnesses provided a gripping account of how the accused’s vehicle swayed dangerously at breakneck speed into the lane of the incoming ambulance and ignoring passengers’ plea for him to give way.
According to the judge, a traffic police officer testified with a sketch depicting a chaotic scene that unfolded and established significant risk posed by the accused person’s alleged reckless driving.
The judge is of the opinion that eye –witness accounts have adequately established that the actions of the accused were not merely negligent but a wilful disregard for safety.
In all, according to the judge, the prosecution provided sufficient evidence to establish a prima facie case against the accused.
However, the defence submitted a no case to answer argument asserting that the prosecution had failed to present indisputable evidence regarding the cause of death and the recklessness alleged.
Justice Jaiteh however said the court is tasked with determining whether those submissions hold merit, based on the parameters outlined in the Criminal Procedure Code. In his view the prosecution has adduced direct and circumstantial evidence linking the accused to the case and the argument on the submission of no case to answer lacks merit and is therefore dismissed.
