The State has on Friday filed a nolle prosequi in the criminal trial of Sainabou Mbye, Cherno Mbye, and Kibily Dambelly in the High Court presided over by Justice Ebrima Jaiteh. The three have been charged with manslaughter and exposing children to danger and the court has now freed them.
When the case was called MB Sowe announced his representation of the State while Ida Drammeh represented the first accused (Sainabou Mbye) and Counsel Combeh Gaye and S. Twum appeared for the 2nd and 3rd accused (Cherno Mbye and Kibily Dambelly respectively).
State Counsel MB Sowe then informed the Court that the state through the Minister of Justice has assigned him to file a nolle prosequi to discontinue the case and discharge the accused persons.
"In exercise of the powers vested in me by Section 85 Subsection 1 (c) of the Constitution of the Republic of the Gambia 1997, I Dawda A. Jallow the Honorable Attorney General and Minister of Justice of the Republic of The Gambia, hereby inform this Honorable Court that the State intends that the proceedings in the charge against the above-accused persons in Criminal Case No: HC/627/22/CR/166/ AO be discontinued," the notice of the Attorney General dated 16th December 2022 indicated.
The Lawyer for the first accused person Counsel Ida Drammeh, welcomed the move by the State and urged the court to discharge and acquit the accused persons since the state has no intention to continue the case. She referred the Court to the case of Bob Keita vs the State. Counsel Twum for the 2nd and 3rd accused persons associated herself with the submissions of Counsel Ida Drammeh for the State to acquit and discharge the accused persons.
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The State Counsel M.B Sowe said, he will not object to the submission of the counsels for the accused persons. He told the
Court that the Attorney General only asked him to apply so he has no intention to oppose the application of the defence for the accused persons to be discharged and acquitted.
The presiding Judge Justice Ebrima Jaiteh after carefully listening to both parties, and acknowledging receipt of the nolle prosequi from the State stated that he was left with no option but to acquit and discharged the accused persons.
"Accused persons are hereby acquitted and discharged and I will prepare the acquittal and discharge warrant as soon as possible," the Judge ruled. Sainabou Mbye, Cherno Mbye, and Kibily Dembelly are facing charges of manslaughter and exposing children to danger. The prosecution called seven (7) witnesses and tendered ten (10) documents to prove their case against Sainabou and her two brothers.
Justice Ebrima Jaiteh called on three to open their defence when the state failed to produce the 8th witness, the medical doctor from Senegal who conducted the post mortem on baby Muhammad. The defence filed a 'no case to answer' and the no case to answer submission was dismissed by the court which then asked them to open their defence and answer the allegations against them.
Sainabou Mbye opened her testimony of what actually happened last week and she was expected to continue from where she stopped but the state decided to discontinue (nolle prosequi) the case and the three accused persons are acquitted and discharged.
