Defence Counsel Makes no-case Submission in David Colley Trial

Following prosecution’s closure of their case in the trial of David Colley, former Director General of Prison, defense counsel, Lawyer Antouman Gaye, yesterday made a no case submission.

In his submission before Magistrate B.Y. Camara of the Banjul Magistrate’s Court, Lawyer Gaye told the court that no evidence has been presented by prosecution against the accused. He argued that if the essential facts are lacking the accused has no case to answer, adding that when the evidence adduced by the prosecution does not show any connection to allegation, it means the accused has no case to answer.

Lawyer Gaye said that the generator in question was taken on the consent of the owner, adding that proof of the claim that the accused intended to permanently deprive the owner is missing in the prosecution’s evidence.

Lawyer Gaye pointed out that there is no criminal intention to steal the said generator as it was taken with the consent of the owner.

On the claim that the accused was using the proceeds realised from the rental of the said tractor, he observed that the prosecution’s evidence made no mention of the real owner of the tractor.

He added that the book allegedly used to record transactions as contained in the testimony of PW6 was not tendered before the court.

He argued that in view of the above the prosecution has failed to advance sufficient evidence to warrant the accused to enter into his defence, quoting some sections of the law to back his submission.

He therefore finally submitted that the accused has no case to answer as there was no sufficient evidence. He thus urged the court to acquit and discharged the accused.

The case was then adjourned to 19th September 2007.