By: Isatou Sarr
Magistrate M. Krubally of the Banjul Magistrates’ Court recently sentenced Bubacarr Bah to six months imprisonment after he was convicted for escaping from lawful custody, as charged by the Inspector General of Police (IGP).
The case, originally filed on August 5, 2024, stemmed from an incident in May 2022. Bah was accused of escaping from Mile II Central Prison in The Gambia, a crime under Section 108 of the Criminal Code. It was alleged that on May 20, 2022, while under lawful custody, he managed to escape from the prison.
The case was presented in court on August 8, 2024 where he pleaded not guilty to the charge, maintaining his presumption of innocence. The prosecution presented evidence from three witnesses, all of whom were prison officers, to support the charge. Following the testimonies, the court determined that accused Bah had a case to answer and ordered him to enter his defense.
In his defense, he denied the charges, claiming he was not involved in the escape. He stated that on the day in question, he was being transferred from confinement to the hospital when he was confronted by a senior prison officer. Bah claimed that after identifying himself, the officer took him to his office. There, he overheard others saying he was involved in the escape, but he denied any knowledge of the event. Bah further alleged that he was tortured, electrocuted, and later taken to the Anti-Crime Unit, where he was forced to write a statement. Despite these claims, the accused did not present any witnesses to support his defense.
After reviewing the evidence, the court considered whether the prosecution had proven Bah’s guilt beyond a reasonable doubt. Under Section 108 of the Criminal Code, escape from lawful custody is classified as a misdemeanour. However, Section 109 addresses the punishment for aiding a prisoner’s escape and provides a clearer penalty for such offenses, including imprisonment for up to two years.
Magistrate Krubally emphasized that while Section 108 does not specify the penalty for the offense, Section 109 allows for stronger measures against those who assist in or facilitate escapes. In Bah’s case, it was evident that he and others had tried to aid one another in escaping.
Given this, Magistrate Krubally invoked Section 109 to impose a punishment on Bah.
In delivering the sentence, Magistrate Krubally upheld the cardinal principle of criminal law, where the prosecution bears the burden of proof. The court acknowledged that, according to Section 141(1) of the Evidence Act, an offense must be proven beyond a reasonable doubt for a conviction to stand.
Bah was sentenced to six months imprisonment for his role in the escape from custody.
