By Aisha Tamba
Principal Magistrate Muhammed Krubally of the Banjul court has yesterday acquitted and discharged one Seedy Faal charged with stealing a mobile phone, an IPhone 11Pro Max worth D34, 000. He was alleged to have stolen it at the Banjul Ferry Terminal.
Mr Faal was subsequently charged with two counts, stealing and escaping from lawful custody.
He had pleaded not guilty to the first count but guilty to the second count and expressed regret for his actions.
In his evidence in chief, Faal stated that a lady who recorded his statement told him they wanted to “silence the case” so that others will not know of it. He said he was then placed in a cell.
According to him, he wondered why the lady told him they wanted to silence the matter, concluding that God is great.
Delivering his ruling, Magistrate Krubally said the prosecution failed to present evidence which was deliberate and fortuitous, taking into light that the prosecution knew and knows that substantial evidence is needed and necessary to warrant the conviction of any accused who is being criminally prosecuted before the court.
“Therefore, and in light of the incomplete and underperformance by the prosecution, I finally emphatically preface that the prosecution indeed has woefully failed to prove its case beyond all reasonable doubt to warrant me to convict the accused for the offence of stealing. I am unable to find the accused herein guilty of the said offence. Instead, I hereby find the said accused guilty as charged for escaping from lawful custody. However, the court vested with unfettered powers and discretion having considered his non-criminal record being a first-time offender, admonished and discharged him and cautioned him to be of good behavior.
Faal was accordingly acquitted and discharged and the prosecution reminded of its right to appeal.
