By Amadou Jadama
A 43-year-old Jarra Jasong native has been arraigned at the Brikama Magistrates’ Court on a charge of setting a house on fire.
Baba Darboe, now resident in Sanchaba Sulayman Jobe, is expected to undergo trial over an allegation of setting one Yaya Sanyang’s house ablaze.
The court records indicated that the alleged arson occurred on 22 November 2020 at Brikama Daruhairu.
The prosecuting officer, Cpl. 4906 Bangura, made an application to transfer the case to High Court.
“Your Worship, the accused stands charged with the offence of arson. I wish to apply that the case be transferred to the High Court of The Gambia for trial,” stated the prosecutor.
“Your Worship, this court under Section 5 of the Criminal Procedure Code (CPC) is granted jurisdiction to try all offences except treason. However, there is a provision under Section 5(1)(a) of the CPC that the court shall not derogate from any law which confers jurisdiction on another court or class of court,” he added.
Bangura further submitted that the Chief Justice of The Gambia, by way of Legal Notice No3 of 2009, issued a practice directive made under Section 143 9(1) of the Constitution, establishing the Special Criminal Division of the High Court to deal exclusively with offences that attract life imprisonment or death.
He added that the charge of arson is punishable with death. He further stated that legal notice no 3 of 2009 is a law recognised by section 7 of the 1997 constitution and is therefore, properly made. “Accordingly, in view of the above provisions, relying on section 208A of the CPC, read with section 62 of the CPC, I wish to apply that the case to be transferred to the High Court for trial and the accused be remanded in custody,” Bangura urged the court.
Senior Magistrate Sainey Joof granted the application and transferred the case to the High Court in Banjul. He also ordered that the accused should be remanded, pending his appearance at the High Court.
