By: Kemo Kanyi
The alleged murderer of a British national on Monday made his first appearance at a magistrates’ court in the regional capital of West Coast but the lower court subsequently ordered his remand at the State Central Prison in Banjul as it lacks the jurisdiction to entertain cases that attract capital punishment.
Sierra Leonean national Augustine Banguraappeared before Principal Magistrate Anna O. Mendy at the Brikama Magistrates’ Court for allegedly killing Shakina Chinedu, a British national.
According to the charge sheet Augustine, withmalice aforethought, hit Shakina with a hammer on the head on 14 February 2024, at MadinaAlagie Gaye village in the West Coast Region of The Gambia thereby causing her death.
He denied wrongdoing.
ASP Buteh Sawaneh, prosecuting relied on Section 5(1) of the Criminal Procedure Code and referenced Section 143(1) of the 1997 Constitutionto apply for the transfer of the case to the Special Criminal Division of the high court.
“Since the offense of murder is equally not bailable under section 99(1) of the Criminal Procedure Code (CPC), I am, therefore, applying for the transfer of the case to the Special Criminal Division under section 62 of CPC,” ASP Sawanehtold the court.
The accused, who had no legal representation, objected to prosecutor Sawaneh’s application but Principal Magistrate Mendy granted the prosecution’s application and the matter was then transferred to the Special Criminal Division of the high court. An order was issued for the remand in custody of the accused at Mile II, pending a hearing at the high court.