By Amadou Jadama
Lamin Jobe, also called Joku from Berending, was yesterday arraigned before the Brikama court charged with the murder of one Ansumana.
At yesterdays’ proceedings, police prosecutor Cadet ASP Buteh Sawaneh, alleged Lamin committed the offence on September 18 2020, in Berending, Kombo South where he “with malice and afterthought unlawfully caused the death of one Ansumana Drammeh.”
“I am aware of the provision of section 5 sub-section (1) of the Criminal Procedure Code (CPC), which gives this court power to preside over any case except treason. I also avert my mind under provision of section 5 subsection 1 (A) of the CPC which stated among others, pursuant to legal notice Number 3 of 2009, establishing the Special Criminal Division of the High Court to deal with exclusively with capital offences”, he said.
He further argued that since the offence of murder is equally not bailable pursuant to section 99 subsection (1) of CPC, he was applying that the case be transferred to the Special Division of the High Court pursuant to section 62 of the CPC and the accused person should be remanded under section 208 (A) CPC pending his arraignment.
The principal magistrate Isatou Darboe asked the accused person whether he has any objection to the prosecution but he replied in the negative. He said whatever the court decides he will accept it.
The magistrate then granted the application and transferred the case to the Special Criminal Division of the High Court in Banjul. She ordered that the accused person be remanded pending his appearance.
