High Court Judge, Justice Miatta Samba has yesterday discharged two accused on trial in her court of larceny for lack of substantial evidence.
The prosecution led by Umu Sumaray had earlier submitted that the exhibit in question was in custody within the judiciary system. She submitted that she said had confirmed this with the Exhibit Officer, Umaru Mansaray that it was earlier submitted at the Magistrate Court during the course of preliminary investigation. She however informed that the Exhibit Officer can no longer access it.
In her ruling, Judge Samba said she was discharging the two, Alie Mansaray and Jacob Swaray because the prosecution has failed to present in court the alleged stolen item as exhibit. She maintained she had adjourned the matter on several dates for the said exhibit to be tendered but to no avail.
Defence Counsel from the Legal Aid Board, A. Sesay in his reapplication for discharge of both accused noted that the discharge is not a bar as the accused can be recalled to court to continue trail, whenever the court deems it necessary and upon the availability of the exhibit in question.
The accused who were busy praying and demonstrating the sign of the cross thanked the Judge and walked outside the court room smiling and waving.
Both Alie Mansaray and Jacob Swaray were charged with Larceny since 2014 and have been in incarcerated at the Male Correctional Centre since then.
By Emmanuella Kallon
Tuesday February 02, 2016
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