By Nicholas Bass
The Kanifing Magistrates’ Court has acquitted and discharged Maimuna Jallow and Maju Samba of the charges of trafficking in obscene publications.
This development followed a no-case-to-answer submission by their attorney Lamin S. Camara on Monday.
In his submission, the defense lawyer L.S Camaracontended that the prosecution has no evidence to show that Maimuna and Maju shared the nude photos of the plaintiff through Snapchat. He further stated that there was no evidence to show that naked pictures of the complainant (name withheld) were sent Maju. Lawyer Camara also argued that there was no evidence to corroborate the allegations that Maju also sent the nude pictures to Maimuna, who also allegedly shared them with various people.
Camara explained that no nude picture was tendered in court as a piece of evidence.
He submitted to the court to strike out the case on no-case-to-answer grounds but Commissioner AbdoulieSanneh, prosecuting, applied for an adjournment of the case because, according to him, his witness has travelled to Senegal for medical treatment.
Counsel Camara, however, opposed the prosecution’s application for an adjournment, saying the case had been thrice adjourned at the instance of the prosecution.
At this juncture, Principal Magistrate Omar Jabang, presiding recalled the order that he earlier issued to the prosecution that the case must proceed and that he would not accept any excuse from the prosecution that will delay the progress of the case.
”I hereby foreclosed the case of the prosecutors and ask the defense to open their case,” Magistrate Jabangordered.
However, Counsel Camara’s no-case-to-answersubmission, citing Section 166 of the Criminal Procedure Code led to the discharge and acquittals of Maimuna andMaju.