By Landing Ceesay
Justice Ebrima Jaiteh of the High Court of the Gambia has today, Friday, December 16, 2022, discharged and acquitted Sainabou Mbye and 2 Others.
Justice Jaiteh made this ruling shortly after the Prosecution’s (State) application to discontinue the case.
The State filed a nolle prosequi before Justice Ebrima Jaiteh of the High Court of the Gambia.
A nolle is short for the Latin legal term nolle prosequi which means unwilling to prosecute.
Filing this application means that the prosecution has decided not to continue with the case and to drop criminal charges against Sainabou Mbye and 2 others.
Sainabou Mbye (1st accused), Cherno Mbye (2nd accused), and Kibilly Dembelly (3rd accused) are charged with two counts: namely; Manslaughter Contrary to section 186 and Exposing Children Contrary to section 210 all contrary to the Criminal Code of The Gambia, Cap. 10:01, Volume 3, Laws of The Gambia 2009.
The particulars of the offense alleged in count one are that the accused persons on the 4th day of July 2022 at Brusubi in the Kombo North District of West Coast Region of the Republic of The Gambia within the jurisdiction of the High Court “unlawfully” and with “negligence” left one Muhammed Mbye, a two-year-old, locked in the vehicle with Registration Number BJL 9392 Q for four hours and as a result of which caused his death and thereby committed an offense.
The particulars of the offense alleged in count two are that the accused persons on the 4th day of July 2022 at Brusubi in the Kombo North District of the West Coast Region of the Republic of The Gambia within the jurisdiction of the High Court while having the custody and care of one Muhammed Mbye, a two-year-old child, “neglected and exposed” him in a manner that caused “unnecessary” suffering and injury to his health when they (the accused persons) left him locked in a vehicle with Registration Number BJL 9392 Q for four hours and they thereby committed an offense.
“In exercise of the powers vested in me by Section 85 Subsection 1 (c) of the Constitution of the Republic of the Gambia 1997, I Dawda A. Jallow the Honorable Attorney General and Minister of Justice of the Republic of the Gambia, hereby informs this Honorable Court that the State intends that the proceedings in the charge against the above-accused persons in Criminal Case No: HC/627/22/CR/166/ AO be discontinued,” the Prosecution said in an application dated 16th December 2022.
Shortly after the State filed this application, Counsel for the 1st accused person Ida Drammeh, urged the court to discharge and acquit the accused persons since the state have no intention to continue the case.
Counsel Twum for the 2nd and 3rd accused persons aligns herself with the submissions of the Counsel for the 1st accused.
Counsel for the State M.B Sowe however informs the Court that the Attorney General only asked him to file the application so he has no intention to oppose the application of the defense for the accused persons to be discharged and acquitted.