7
It is for this reason and the other reasons already highlighted above, that I have genuine
doubts in my mind whether it is the accused that had carnal knowledge of the
prosecutrix. I shall hold and resolve these doubts in favour of the accused person and
in doing so; I shall order the discharge and acquittal of the accused person forthwith.
The accused person ERNEST SANYANG is accordingly discharged and acquitted.
EMMANUEL A. NKEA
JUDGE
FURTHER ORDERS
Having listened to the learned Senior State Counsel and having also listened to learned
defense Counsel, and having regards to the purport of Section 285E of the CPC as
adumbrated by this Court in the case of THE STATE v. EBOU LOWE & Anor, I shall
further Order as follows:
(1) That Ernest Sanyang be released on bail in the sum of D500 000 and one surety in
like sum.
(2) The surety to depose to an affidavit of means in like sum and must deposit
his/her Identity Card with the Principal Registrar of this Court.
(3) Pursuant to Section 285E (4) of the CPC, the above further orders shall be
deemed quashed if the prosecution fails to file their Notice and Grounds of
Appeal within 30 days.
EMMANUEL A. NKEA
JUDGE
ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE HAND OF
THE PRESIDING JUDGE THIS 15th DAY OF DECEMBER 2011
............................
REGISTRAR