By Kemo Kanyi
Magistrate Fatou Darboe-Jaguraga granting the application made by the prosecution, Tuesday withdrew the case against Musa Bao Saballyand discharged him.
In a case involving Musa Bao Sabally, brother to the late Alkalo of Kassa Kunda, of using the late Alkalo’s official stamp for falsification.
“Making documents without authority and false assumption of authority are charges against Musa Bao Sabally,” the indictment revealed.
The Inspector General of Police was initially in charge of the matter at the Brikama Magistrates’ court before magistrate Fatou Darboe-Jaguraga. ASP Yaya Colley was the initial police prosecutor in the case.
The state, through the Ministry of Justice, has announced the taking over of the matter from the police.
Counsels Sheikh Omar Sibbie and Alpha Badjierepresented the state in Tuesday’s hearing.
E. Darboe and O. Faal announced appearance for the accused person.
State counsel Sheikh Omar Sibbie applied pursuant to section 68 of the Criminal Procedure Code to withdraw the matter and to further discharge the accused person pursuant to section 68(1)(2) of CPC.
Withdrawal from prosecution in trials before subordinate courts, section 68 state: (1) “In any trial or inquiry before a subordinate court a prosecutor, with the consent of the court, or on the instructions of the Attorney-General at any time before judgment is pronounced, may withdraw from the prosecution of a person either generally or in respect of any one or more of the offences with which he or she is charged, and upon the withdrawal, if it is made in the course of a trial (a) before the accused person is called upon to make his or her defense, he or she shall be discharged in respect of the offence or offences; or (b) after the accused person is called upon to make his or her defense, he or she shall be acquitted in respect of the offence or offences:
Provided that in any trial before a subordinate court in which the prosecution in respect of any offence is withdrawn before the accused is called upon to make his or her defense, the court may, in its discretion, order the accused to be acquitted if the court is
satisfied upon the merits of the case that such order is proper.
(2) A discharge of an accused person under this section shall not operate as a bar to subsequent proceedings against him or her on account of the same facts.
However, Jalang Sanneh, the Public Relations Officer of Kassa Kunda Village Development Committee, spoke to this reporter after the state’s decision to withdraw the matter, accusing the Justice Ministry, Governor of West Coast Region and one Sainey Sabally of colluding against the truth.
“It is Dawda Jallow, minister of Justice, Ousman Bojang, governor of West Coast Region, and Sainey Sabally, who are behind this evil decision made by the state. They are implanting seeds of injustice and dispute in Kassa Kunda with this decision. The VDC will still pursue this case by paying lawyers to bring back the case for truth to prevail,” he affirmed.
It could be remembered that Musa Bao Saballypleaded guilty to both counts preferred against him by the Inspector General of Police on April 23, 2024, when the case was mentioned.
