The manslaughter and negligence trial involving Sainabou Mbaye, Kibili Dambelly, and Cherno Mbaye had been adjourned again when parties returned for sittings on Monday.
High Court judge Justice Ebrima Jaiteh adjourned the case to next week Monday to allow the State prosecutors to access the Senegalese Medical Doctor that treated the late baby Muhammed in Dakar to come and testify.
Sainabou Mbye and the two others face charges of manslaughter and exposing a child to danger. They have all pleaded not guilty to the charges.
Continuing the manslaughter trial, the director of public prosecution, AM Yusuf, informed the crowded court that the trial could not continue because the supposed witness who attended the late Muhammed in Dakar did not show up due to unknown reasons.
The state prosecutor said they will now rely on diplomatic channels to bring the said Dakar Doctor, whose testimony is key to establishing the cause of the death in the trial.
The submission did not go well with defense lawyers as Barrister Ida Drammeh raised objections, saying the purpose of the adjournment was to tender the referral form and not the coming of the Dakar prosecution witness.
Counsel Drammeh further argued the defendant was not notified of this development before days of proceedings and invoked section 234 of the Criminal Procedure Code that calls for the summary of notice for an additional witness.
“We, the defense, were not informed of another witness coming from Dakar.”
On the last adjourned date, Friday, 14, 2022, State Prosecutor Muhammed Sowe asked the court to grant the prosecution an adjournment to allow the tendering of the Afrimed hospital referral document for the late Muhammed through the 8th prosecution witness.
But the accused person’s defense attorney objected to the request, arguing that the referral document was prepared by DR. Castollonos and questioned why it would be tendered through another witness.
The prosecution response was a submission to advise themselves, recall the 7th prosecution witness, Dr. Castollonos, to tender the said document, or call the 8th prosecution witness with the original referral form.
Sainabou Mbaye is the ex-wife of Bubacarr (Bob) Keita, who was recently freed of a rape charge after a two-year court trial that attracted immense public attention.
Bob Keita was accused of rape by his ex-wife’s younger sister, Fatou Ngoneh Mbaye, who alleged that the late Muhammed was fathered by Bob in the alleged rape.
A DNA result from Ghana indicated that neither Bob Keita nor the alleged boyfriend, Pa Modou Johm, fathered the late Muhammed.
Sainabou Mbaye and Co are standing trial after the late Muhammed was allegedly locked in a car for four hours, which resulted in his demise in the Senegalese capital Dakar.
