She stated that she agreed with the Prosecuting Officer, ASP Badjie, that the matter had stalled at the instance of the defence. “The records have shown that the accused persons have been absent for some time,” she said.
When the case was called, ASP Badjie, representing the IGP along with Prosecutor Nuha Bojang, argued that the accused were absent and they did not know the reason for their absence.
He posited that the court took a strong position on the last adjournment.”The accused should have been in court. It has taken over six months since the last time the defence was present. The case has not proceeded since then. Litigation has an end,” she told the court. She stated that the court should make a final order.
It is the evidence of the prosecution witnesses that Yakumba Jaiteh and Yusupha Jaiteh obstructed and assaulted a police officer who was executing his duties.
They were earlier arraigned and charged with obstruction and assault, allegations they denied. The prosecution called six witnesses to testify against the accused persons. At the closure of the case of the prosecution, the defence counsel, Yankuba Darboe, made a no-case-to-answer submission, stating that the prosecution had not proved the ingredient and element of the offence charged before the court to warrant the accused persons to enter their defence.
Superintendent Jahateh, representing the IGP then, replied that the defence had a case to answer. He further argued that the prosecution had established a prima facie case against the accused persons to warrant them to enter their defence.
In her ruling, Justice Janneh-Njie stated that the prosecution had established a prima facie case against the accused and finally said that they had a case to answer.
The case was adjourned till 21 February 2023, for the defence to appear, as Yusupha Jaiteh is still on his defence.