Justice Aisatou Jallow-Sey of the Bundung High Court has freed Charles A. Gomez and Abdou Charreh following the prosecution's failure to prove their guilt.
Charles and Abdou were charged with murder. The prosecution alleged that on the 30th January 2023, Charles and Abdou caused the death of Filly Kebbeh at DippaKunda by tying him with a rope and beating him repeatedly which led to his death.
When the charge was read to them in court on the 29th May 2023, Charles and Abdou both denied the charge. The prosecution called eight (8) witnesses and tendered nine (9) documents. The defence made a 'no case submission' on the 24th October 2023, but the court turned the alication on the 20th November 2023. The two were asked to open their defence.
In her Judgement, the Judge held that to succeed in proving a murder charge, the prosecution must prove that there was death and that the death was caused with malice aforethought. He ruled that the accused persons participated in or caused the death, and the death was unlawful.
Charles said the deceased came to his house and attempted to steal his car battery. In the process, the deceased broke the glass of the window on the passenger side of the front seat and opened the bonnet. He came out on hearing the noise and found the deceased in the vehicle trying to steal the battery. He said the deceased attempted to stab him with a pair of scissors, but he blocked him using his bare hands and sustained injuries. He received treatment at Mile 2 infirmary. The fight continued and in the process he called out for help. This was when Abdou Charreh came out to help him. They overpowered the deceased, sat him down and tied his hands behind his back. He said the deceased provided them telephone numbers of people he knew to call to pay for the damage on the vehicle. None of them came. Two of them said they would not come because he was fond of stealing.
Charles said people began gathering in their compound because they could see them as the compound was not fully fenced. Some of them claimed that in the same night batteries were stolen. As soon as they entered, they began beating the deceased. He and Abdou Charreh helped to rescue the deceased. The deceased told them that the two batteries he stole from the other compounds were hidden under the sand.
He said he hired a taxi and drove the deceased to the police station together with Abdou Charreh and a policeman. He added that he advised the police to take him to the hospital since he was not in good condition. He wrote a statement and left the police station. He said the police did not immediately take the deceased to the hospital with the claim that they do not have transport.
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Abdou Charreh said he came out of the house when he heard the noise and helped Charles. He added that they overpowered the deceased and sat him down. He testified that the deceased was armed with a pair of scissors, plier, screwdriver and a torch light. He stated that Charles was wounded in his left hand while trying to defend himself from the deceased. He advised Charles to take the victim to the police, but the deceased pleaded with them to make calls to his relatives to pay for the damage to the vehicle.
The two were later detained by the police for 3 nights and then arraigned before the Kanifing Magistrate's Court.
The two accused persons said they did not beat the deceased. Instead, it was the mob that came in the morning that beat him.
In the end, the Judge acquitted and discharged Charles and Abdou on the basis that the prosecution failed to prove the charge. The Judge said she has serious doubts in the prosecution's case as to whether the accused persons committed the offence or not.
"It appears to me that the entire evidence adduced by the prosecution raises a strong suspicion that the accused persons are liable for murder as alleged by the prosecution. However, the law is very straight on that point; suspicion, no matter how strong or high it may be, can never be a basis for conviction," the Judge said.
She held that the prosecution needed to prove that the two accused persons caused the death.
She acquitted and discharged the two.
