By Kebba Jeffang
Kanifing Magistrates’ Court on Monday 22nd February, 2016 ordered Sheikh Cham, a man claiming to have been tortured, who was charged by the Drug Law Enforcement Agency the Gambia (DLEA-G) with obstruction, to enter his defence.
According to Magistrage Blessed, the defendant’s lawyer had filed a ‘no case’ submission to court for the acquittal of his client because there is no case against him; that there is inconsistency in the evidence of various witnesses and that there is no evidence that the accused had refused to be searched.
The trial magistrate said the prosecution in its reply urged the court to overrule the defence’s ‘no case’ submission. She said the prosecution also said there are sufficient evidence being laid and therefore urged the court to allow the accused person to enter his defence.
In her ruling, the magistrate holds that there is evidence on the fact that the accused person shouted. She said it is evident before her from all the witnesses that the mission failed due to his (accused) shouting which alerted the whole neighbourhood.
“I therefore overruled the application of ‘no case’ to answer submitted by the defence counsel and I hereby asked the accused person to enter his defence,” said Magistrate Blessed.