By: Isatou Sarr
One Muhammed Jallow appeared before Magistrate A. Fofana of the Brikama Magistrates’ Court on Monday on charges of murder.
Inspector General of Police was represented by Deputy Superintendent Buteh Sawaneh, while the accused person was not represented by any Counsel.
The prosecution charged the accused person with murder contrary to section 187 of the Criminal Code Cap 10:01 volume 3 revised laws of The Gambia 2009.
The prosecution alleged in its indictment that Muhammed Jallow onor about 29 November 2024, at Gunjur, Kombo South, with malice aforethought caused the death of one Momodou Jallow by tightening his hands with fishing net, thereby committed an offence.
The accused person pleaded not guilty to the charge.
The prosecution told the court that the charge before the honourable court is that of murder, which is punishable by death, falling under capital offence.
“I am aware of the provision of section 5 (1) of the CPC which gives this honourable court powers to preside over all offences except treason.
“I have also averted my mind to the provision of section 5 (1) (a) of the CPC which state among others pursuant to legal notice number 3 of 2009 established the Special Criminal Division of the High Court that deals exclusively with capital offence made under section 143 (1) of the 1997 constitution.
“Accordingly, since the offence of murder is equally not bailable. I am applying that this case be transferred to the Special Division of the high court pursuant to section 62 of the CPC and the accused person be remanded under section 208 (A) of the CPC pending arrangement before the special criminal division” he noted
The court granted the application made by the prosecution, and the accused person was remanded in Mile II Central Prisons’ pending arrangement at the Special Criminal Division of the High Court.
