By Omar Bah
The prosecution team in the conspiracy case involving Yankuba Touray and Fatoumata Jahumpa Ceesay has withdrawn the case from the Kanifing Magistrates’ Court and are now initiating another charge sheet against the two at the High Court.
The Kanifing Magistrates’ Court yesterday discharged the two, who were jointly charged with interfering with a TRRC witness.
The accused persons had previously pleaded not guilty.
Applying for the withdrawal of the charges yesterday, the state counsel A.N. Yusuf said the prosecution is making an application for the accused persons to be discharged relying on section 68 of the Criminal Procedure Code.
In his intervention, Lawyer Lamin S. Camara, counsel for Yankuba Touray told the court that the defense would not object to the application but they want the accused persons to be acquitted instead of discharging them.
Lawyer Camara implored on the court to exercise its discretion under section 68 of the CPC to acquit the accused persons.
“It won’t be in the interest of justice for the accused persons to be discharged without being acquitted. The first prosecution witness (PW1) has given testimony extensively and therefore, it would be prudent for the court to acquit them.
“They have not advanced any reasons for their withdrawal. It would not be in the interest of justice to subject them to the risk of prosecution before another court on the same charges; that would be travesty of justice,” Camara told the Court.
Meanwhile, unconfirmed reports indicated that the police have re-arrested Fatou Jahumpa Ceesay and detained at Kairaba Police Station. No reason was given for her re-arrest.