Sainabou Mbye’s “No Case Submission” Fails
By Sheriff Conteh
Sainabou Mbye and her brothers have lost their “no case submission” application as Justice Ebrima Jaiteh of the Banjul High Court stated that they have to answer the allegations against them.
Jaiteh dismissed the application and called on them to open their defence.
Sainabou Mbye, Cherno Mbye, and Kibily Dembelly are charged with manslaughter and exposing children to danger. According to the particulars of the offence, the three accused persons on the 4th of July 2022 at Brusubi, Kombo North District – West Coast Region left baby Muhammed in a vehicle for four hours.
The prosecution called seven (7) witnesses to prove their case. Justice Ebrima Jaiteh said the prosecution has produced evidence to prove the charges. He added that the evidence produced by the prosecution is such that it requires some explanation from the Accused Persons of what actually happened in the vehicle with registration number BJL 9392 Q where the deceased (baby Muhamed Mbye) was allegedly left for four hours. “I must state clearly that the prosecution has added evidence in the testimonies of the prosecution witnesses before this honourable court linking the Accused Persons to the case,” Jaiteh ruled.
Justice Jaiteh said it is an undisputed fact that the Accused Persons and the Deceased Muhammed Mbye with two other children were in the same vehicle BJL 9392 Q and all of them alighted at their destination in Brusubi except the deceased who was two years old at the material time.
The Judge said there is ample evidence showing that the deceased was removed from the said vehicle unconscious and was rushed to Afrimed International Hospital in critical condition as he was in severe respiratory distress. Jaiteh said the prosecution has established a case against the three Accused Persons.
He ruled that the no-case submission lacked merit as he dismissed it. He called on the Accused Persona to open their defence. The case is adjourned to the 9th of December for the Defence to open its case.
