Tuesday, May 30

Court grants State Application to strike out Bill of indictment

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By Mama A. Touray

After the State Counsel a Gibba’s application on Wednesday for the Kanifing High Court to strike out the magistrate court’s bill of indictment in an alleged assault case involving Ali Sowe, Verfeng Correa and Simon Sambou, Justice Isatou Janneh of the Kanifing High Court granted the state’s application and struck out the bill of indictment.

 According to the magistrate court’s bill of indictment, Ali Sowe, Verfeng Correa, and Simon Sambou on or about 12th December 2022, at Kotu in Kanifing municipality, with malice aforethought jointly assaulted Musa Badjie causing his death.

State Counsel A Gibba in his submission said the state has filed a bill of indictment dated the 9th day of March 2023, and that they are applying for the court to strike out the bill of indictment and remove Verfeng Correa’s name from the accused list.

He continued that the state is proceeding with Ali Sowe and Simon Sambou as the first and second accused respectively, this was not objected to by the defense lawyer B Bouye.

Justice Isatou Janneh granted the application and discharged the second accused, Verfeng Correa, on the Magistrate Court’s Bill of Indictment.

The court later asked the interpreter to read and interpret the new bill of indictment to the two accused Ali Sowe and Simon Sambou in their preferred language. After reading and interpreting the bill of the indictment filed at the Kanifing High Court dated 9th March 2023, both Ali Sowe and Simon Sambou pleaded not guilty to the counts respectively.

First Accused, Ali Sowe said, “I do not accept the charges”. The accused pleaded not guilty in both two counts of the offense read to him.

The Second accused, Simon Sambou also said, “I do not accept the charges” the second accused did not accept both counts of offense read to him.

After taking their pleas Counsel A Gibba said in the light of the plea taken, the state sought an adjournment to call their first witness to give testimony.

Their new statement of offense stated that Ali Sowe and Simon Sambou are allegedly charged with assault causing actual bodily harm and manslaughter.

According to their particulars of offense, Ali Sowe and Simon Sambou on or about the 11th day of December 2022 at Kololi in the Kanifing Municipality allegedly jointly assault Musa Sey by beating him, which caused injuries to him.

The particulars continued that Ali Sowe and Simon Sambou allegedly caused the death of Musa Sey by beating him, which led to his death.

Justice Isatou Janneh said due to the congestion of the court and the vacation on the court diary the matter is adjourned to 2nd May 2023 at noon.