Magistrate AR Bah of the Brikama Magistrate Court today, Monday, April 3 has discharged the woman, Fatou Badjie accused of abusing president Barrow, one month ago.
Ebrahim Jallow, counsel for the accused person raised no objection but applied for the court to first acquit and discharged the accused and not only strike out the case. He said with the present circumstances and level of the case in which the accused was supposed to open her defense, it will be proper to acquit and discharge her first and then strike out the case.
This prompted state counsel Jarjue to raise objection saying Section 68 of the Criminal Procedure Code provides that if an accused person is charged and an application for withdrawal is made, the reason for which the counsels relying on will be applicable.
“What is before the court is a nolle prosequi and not a withdrawal. Under this circumstances, the accused person cannot be discharged and acquitted. The only thing the court can do is to strike out the case directly. That is the procedure. We urged the court not to grant the application by the defense counsel but strike out the case straight” Jarjue said.
In her ruling, Magistrate AR Bah said Section 68(1) is very clear about the application made by the state counsel. She granted the application for the case to be nullified and accordingly struck out the case, thereby discharging the accused person.
Magistrate Bah further warned the accused to avoid breaching the peace saying such will not be tolerated and people must respect the laws of the land.