Criminal Court “D” has acquitted a criminal suspect identified as George B. Wade alias ‘Nicholas Jack Davis’ of Armed Robbery.
Judge Mamietta Jabateh-Sireleaf rendered a not guilty verdict against the defendant based on state prosecutors’ failure to establish a prima facie or produce sufficient evidence.
A prima facie is one which is established by sufficient evidence and can only be overturned by rebutting evidence adduced at trial.
According to Judge Jabateh-Sireleaf, prosecution also failed to sustain the principle of burden of proof by not providing a single iota of evidence in order to convict the defendant.
She ruled on two key issues whether or not prosecution proved its case as charged in the indictment against the defendant and whether or not prosecution did establish a prima facie case against the defendant during the course of the trial.
In criminal proceedings, prema facie evidence is sufficient to support a conviction in favor of the party introducing it when no evidence has been produced in rebuttal, the Judge said.
Judge Jabateh-Sireleaf ruled based on witnesses testimonies which could not link defendant Jack Davis to the allegation of armed robbery.
The statement and testimonies which the Judge relied on, made by prosecution first witness Ida Lagural, contained lots of inconsistencies and inherent contradictions which are not sufficient to establish the guilt of the defendant in the premise.
According to the Judge, the court is inclined to note that there are no coherence in the prosecution first witness’ testimony considering the fact that she is the main complainant.
Additionally, she indicated that the state did not produce any weapon as evidence which the Private Prosecutrix claimed was used on her during the alleged armed robbery.
“It is well noted that our Criminal Procedure Law imposes on occurrence of evidence to the State the obligation not only to show by preponderant and established the guilt of the defendant but also to meet the standard of proof,” the Judge ruled.
On Wednesday 22 March 2023 in the Gardnerville community, private prosecutrix had gone to discuss business with the defendant at a local Hotel, and that the defendant allegedly armed with deadly weapon, to include silver knife with a black handle allegedly placed the private prosecutrix under knife point and threatened to kill her if she refused to surrender her gold ring and chain along with two smart phones.
The indictment alleged that on the 21st day of March A. D. 2023, Jack Davis met the private prosecutrix at her business area in Banjor, Hotel Africa Road and added that he (Jack Davis) was going to help the Private Prosecutrix with mọney to buy her more goods for commercial purposes.
“That the Defendant again asked the Private Prosecutrix whether she had money on her to go Turkey, to which the Private Prosecutrix confirmed that she had (USD $ 3000.00) three thousand USD and the defendant encouraged the Private prosecutrix to take the money to him in a Hotel in Gardnersville,” according to the indictment. .
