By Adama Makasuba
Trial Magistrate Elizabeth Dunn of the Kanifing Magistrate’s Court on Tuesday 23th September referred the case involving the rapper Alieu Cham alias ‘Killa Ace’ and 36 youths to the High Court in Banjul.
The accused persons, 29 Gambians, 3 Sierra Leoneans, 3 Guineans and 2 Senegalese – were charged with eight counts, including conspiracy to commit a felony, unlawful assembly, breach of peace, arson and demolition of a building. They were alleged to have taken part in July 24 protest.
But only twenty-three (23) of the suspects were arraigned before magistrate Elizabeth Dunn leaving other fourteen (14) other suspects absent.
In her ruling on Tuesday, magistrate Elizabeth Dunn said: “the accused persons shall be in custody pending hearing of the matter before the high court and also they shall have access to medical care.”
She told the court that the “court shall rescued itself from this matter and refer it to the Special Criminal Division “at the high court in Banjul.
Magistrate Dunn further told the court that it is unnecessary to continue on the application for the matter to be transferred and that the reply on points of law by the defense. She replied on section 208 A and section 99 (1) of the Criminal Procedure Code “which provides that capital offenses are unbailable”.
She said there is no dispute on the issue of jurisdiction on the court to hear on the charge on arson and related offenses which requires a Special Criminal Division of the High Court to deal with cases related to capital offenses
Prosecutor M.D. Mballow told the court that on August 14 court sitting that 14 suspects out of the 37 escaped from lawful custody, adding that this due to tension both within and outside court premises.
“All of the accused persons who are absent escaped from lawful custody. This was as a result of tension both within and outside court premises, “he said.
He indicated that they (Police) have arrested 7 of the escaped accused lawful custody, adding that “we have opened a case file for them.”