Lers

Please read the latest on the DUMO trial, I can see
Dumo being released very soon.

Regards

Sanusi


Marena acquitted - Dumo, others back to prison
By Omar Bah
Oct 21, 2003, 11:55

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A dramatic turn in the treason trial involving Dumo
Sarho and others yesterday saw the release of yet
another accused person, Momodou Marena.

Presiding judge, Ahmed Belgore, acquitted and
discharged Marena but maintained that there have been
no changes in the case of Dumo and the others.
Delivering his ruling on ‘a no case to answer’
submission made by the defence team, Justice Belgore
first acknowledged that the submission of ‘a no case
to answer’ is a common law practice in criminal
justice administration.’ It is normal practice for
defence counsel to do in criminal trials,’’ he said.
The judge further informed the court that he has
perused the evidences of prosecution witnesses one and
two, Francesco Caso and Inspector Biram Jobe
respectively, but both have provided no shred of
evidence on the third accused, Marena.
“It is therefore a great injustice to continue having
him in the dock. There is no evidence against him. He
is therefore acquitted and discharged,” he ruled.
At this juncture, Lawyer Ousainou Darboe, who
represented Marena, beckoned his client to leave the
dock and sit in the public gallery.
The judge continued to say that going by the
prosecution witnesses’ evidences, a prima facie case
has been established against the first, second and
fourth accused persons, Ebrima Barrow, Dumo Sarho and
Ebrima Yarboe. Consequently, he urged them to enter a
defence.
Meanwhile, defence counsel Darboe urged the judge to
advise the prison wardens that his client, Marena, is
a free man and that they have no right to take him to
the prisons any more, which the judge did.
He went on to warned the prison wardens against
keeping people in custody unlawfully. “I understand
the last time two people were acquitted and discharged
here, and you still kept them at Mile 2 for an extra
night. That is unconstitutional. You have to uphold
the Constitution,” he told the wardens, as he
concluded his ruling.
Meanwhile, speaking to reporters shortly after gaining
his freedom, Momodou Marena thanked his lawyer for
having represented him. He also thanked the judge for
giving what he described as a fair ruling. ”From the
very start, I was sure that I had nothing to do with
the charges levied against me. I always had the
confidence that I will be freed when justice takes its
course,” a smiling Marena said.
The case was adjourned to November 3 for the defence
to open their case in respect of the remaining accused
persons.
It could be recalled that two other accused persons in
the same trial, Lt Lalo Jaiteh and Lt Omar Darboe,
were acquitted and discharged in July also on the
basis of ‘a no case to answer.’


© Copyright 2003 by Observer Company




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