By Aisha Tamba
Justice Osei Tutu of the Kanifing High Court has yesterday acquitted and discharged Alieu Ndow accused of robbery after four years in remand at the state central prisons, Mile II.
Alieu was charged with two counts of robbery after he was accused of robbing mobile phones from two students at the Independence Stadium in Bakau during the interhouse athletics championship which he denied.
Delivering his judgment yesterday, Justice Osei said the counsel for the State did not evaluate the case of the accused to arrive at the conclusion that his evidence could not meet the threshold of raising probable doubts.
“My understanding of the law is that the duty of the Court in determining a no case submission is quite restrictive to only some special circumstances and not an overall assessment of the entire case at that stage.
After painstakingly evaluating the evidence adduced during the trial, it is difficult to say that the prosecution has successfully established the burden of proving the guilt of the accused beyond reasonable doubt. Accordingly, this Court can only do the needful in the circumstance by acquitting the accused. The accused person is therefore acquitted and discharged on both offences,” he ruled.
