By Politico staff writer
Justice Alhaji Momoh-Jah Stevens has trashed the no-case submission made by the defense counsel on behalf of Randa Skeiky, who is before the High Court for a two counts indictment of Larceny in a Dwelling House and Larceny by Servant contrary to Section 13(a) and 17 (1) (a) of the Larceny Act, 1916.
The judge urged the accused Randa Skeiky to open her defense, noting that she most select from the options provided for by law by either testifying from the prisoner's dock or from the witness stand or relying on her statement to the police, but the accused opted to testify and call two witnesses in her defense.
Justice Stevens stated that “the simple message I want to send out loud and clear is that, the other side must be heard,” he told the lawyers.
The prosecution alleges that the accused between 25th August and 7th September 2018, at Bintumani Drive in Aberdeen, stole $500,000 from the complainant Ali Abess.
The prosecution in proving their case led in evidence eight witnesses including the wife of the complainant and tendered several exhibits.
In his no case-submission, defense counsel Lawyer Pa Monoh Fofanah argued that all the evidence led by the State against the accused for the offences charged have not been "reasonably and sufficiently proven."
He said the State most prove that Ali Abbess is the owner of the said money, or if the money existed at all, that it belonged to Ali Abess Transport and General enterprise.
He further argued that it was therefore clear that the alleged money in question (US$500,000) was admitted by Ali Abess (the complaint) under cross-examination on oath as belonging to his company called “Ali Abess Transport and General Enterprise.”
He submitted that the alleged missing sum never really existed and that it was a deliberate fiction created by Ali Abess’s imagination and designed to merely get his client incarcerated which was premised on a motive to cover up for a bribery scheme orchestrated the Randa Skeiky.
He submitted that there was no tangible evidence whether documents or otherwise such as bank statement, receipts or an independent witness to show that the complainant personally had the $500, 000 as claimed.
He concluded that the case ought to be dismissed and the accused acquitted and discharged with huge costs ordered in favor of the accused, adding that the judge should consider the pain and suffering she has been put through at the expense of Ali Abess.
In replying to the no-case submission, State Lawyer Joseph A. K Sesay submitted that the prosecution has adduced evidence to support the allegations throughout the trial against the accused Randa Skeiky.
He urged the Honorable Court to dismiss the No-case Submission and call on the accused to open her defense and answer to the allegation as laid in the indictment.
He said that in establishing their case against the accused, the prosecution adduced evidence that Randa Skeiky being an employee in the capacity of a servant stole in the dwelling house of Ali Abess (her employer) the sum of 500,000 USD.
He further argued that the prosecution had made a reasonable case against Randa Skeiky to warrant her to open her defense.
He noted that when the complainant returned from a shot trip and discovered that the said money was missing, the accused never handed over the business back to him but instead she left unceremoniously and then travelled out of the country.
He said the testimonies of the prosecution witnesses established a case against the accused and incriminated her in every material way and submitted that the not-guilty plea made by the accused has been successfully challenged by the prosecution.
Justice Momoh Jah Stevens told both the defense and prosecution that in the interest of fairness, the defense must open their case so he will have a clear understanding of the facts and evidence in respect of the matter before giving a ruling on the matter.
The matter was adjourned to the 21st May 2021 for the defense to open their case.
Copyright © 2021 Politico Online (19/04/21)
