FOROYAA Newspaper (Serrekunda)
Mamadou Dem
17 June 2011
Acting Principal Magistrate Alagbe Taiwo Ade of the Banjul Magistrates’ Court, on Thursday, 16th June, overruled the ‘no case to answer’ submission filed by defence counsel, Amie Bensouda, in the case of Dr. Isatou Touray and Amie Bojang Sissoho of The Gambia Committee on Traditional Practices affecting The Health of Women and Children (GAMCOTRAP).
Delivering his ruling, the trial Magistrate indicated that the submission of a ‘no case to answer’ can only be properly made and upheld when there is no evidence to prove the essential ingredients in the alleged offence.
The Magistrate asked whether the evidence adduced by the prosecution has been so discredited under cross examination, adding that what needs to be considered is whether a prima facie case has been made by the prosecution against the accused persons.
The trial Magistrate ruled that his court holds that a prima facie case has been made against the accused persons and therefore the “no case to answer” submission is overruled and the accused persons are called upon to open their defence.
The case is adjourned till the 28th June, 2011 for the defence to open their case.
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