Justice Ebrima Jaiteh has used his discretion to close the prosecution case in the ongoing manslaughter trial involving Sainabou Mbye and two others.

The prosecutor failed to present to the court a key witness from Senegal. 

The witness is a Senegalese doctor who conducted the postmortem examination on Baby Muhammed, the toddler who died after he was left unattended in a car during a hot day. 

The judge had previously warned the state prosecutors that he will close their case if they failed to bring in the witness.

When the case was called up today (28 Oct.), the state prosecutors applied to the court to grant them an adjournment for them to bring in the witness from Senegal.

However, the lead defence lawyer, counsel Kumbeh Gaye, objected to the state’s request and argued that her clients have been placed in remand at the state central prison, Mile 2, for so long now. 

She then asked the court dismissed the state’s request, adding that the state didn’t provide any tangible evidence before the court. 

Ms Gaye described the state’s action as: delaying justice, and “justice delay, is justice denied.”

Meanwhile, the presiding judge justice Ebrima Jaiteh then ruled in favour of the defence team and forced the prosecution to close their case.  

The defence team now say they will file a no-case to answer. 

Reporting by Adama Makasuba