By Nicholas Bass
Seven boys were on Thursday arraigned before the BundungMagistrates’ Court presided over by Chief Magistrate Pa Modou Njie for violent robbery.
Saikou Jarju, Modou Mbye, Foday Kebbeh, Mustapha Bah, Ebrima Jallow, and Momodou S. Jallow alongside one minor (name withheld) were charged with conspiracy and robbery with violence.
However, when the case was called, the lead prosecuting officer ASP Oley Bobb, said the accused were charged with a capital offence that attracts life imprisonment if convicted.
Lawyer Junkum Jorbateh, who appeared for the minor (name withheld), pleaded with the court to peruse the chargesheet.
Lawyer Jorbateh argued that the chargesheet did not specify the person robbed with a cutlass on the charge of conspiracy.
Lawyer Jorbateh also claimed that the particulars of the offense on count one were inaccurate.
Sub-Inspector Bobo Jarju appealed to the court to strike out the charge of conspiracy.
The prosecution applied for the transfer of the case to the Special Criminal Division at the High Court, stating that the lower court lacks the jurisdiction to hear the charge of robbery with violence while pleading for the accused persons to be remanded, pending the hearing of the case at the High Court.
Defence Lawyer Jorbateh pleaded to the court to detain his client at the juvenile center, noting that he is underaged.
Magistrate Njie, at this juncture, said it shall be noted that amendment of the chargesheet shall come at any stage.
“I hereby order the charge of conspiracy to be struck out,” he ordered.
The Magistrate concurred that the lower court lacks the jurisdiction to try the charge of robbery with violence.
“I shall have this matter transferred to the High Court,” he stated.
He ordered that the accused be remanded, pending the hearing of the case at the High Court.
Magistrate Njie also ordered that the minor be remanded at a juvenile center, pending the hearing of the case at the High Court.
Saikou Jarju, Modou Mbye, Foday Kebbeh, Mustapha Bah and a minor, according to the particulars of the offense, on 8 October 2023, at Sinchu Algie in West Coast Region of the Republic of The Gambia, with the use of actual violence, used a cutlass and robbed one Musa Jallow and assaulted a certain Momodou Sirreh Jallow with a cutlass, causing him injuries. They also allegedly stole an iPhone 6s, a Samsung A21, and a pair of shoes, all valued at D13,850, being properties of Musa Jallow.
Ebrima Jallow and Momodou S. Jallow were accused of using a cutlass to rob one Saikou Faye of three security lamps worth D3,600. The alleged offense occurred on 8 October 2023, at Sinchu Sorri in the West Coast Region of the Republic of The Gambia