One Muhammed Bah, a Guinean national was, on Thursday, arraigned before Senior Magistrate Abdoulie Mbake of the Kanifing Magistrates Court charged with rape, contrary to section 121 of the Criminal Code.

According to the particulars of the case, in the month of June, Muhammed Bah, in Ebo Town, unlawfully had carnal knowledge of a 16-year old girl (name withheld) without her consent.

Reacting to the charge preferred against him, Muhammed Bah pleaded not guilty. Senior Magistrate Abdoulie Mbake then ordered for him to be remanded in custody owing to the “gravity” of the case.

The case was adjourned to the 11th of September, 2008. Sergeant Touray represented the IGP.

Anthony Michael Dobson, a Norwegian tourist who is standing trial on charges of defiling a minor and child pornography, which contravene Section 127(1) of the Criminal Code, Cap 10 Volume III of the amended Children Act 2005 and Section 8 (1)(a) of the Tourism Act 2003, has pleaded not guilty.

The embattled Norwegian appeared before Magistrate Ayoub John Njie of the Brikama Magistrates Court. According to the prosecution, Anthony Michael Dobson unlawfully and carnally defiled a young girl (name withheld) who was less than 18 years at Yarambamaba Estate, along Coastal Road, Old Yundum. Mr Dobson was also charged for taking indecent photographs of a child (name withheld) between the months of July and August, this year, at the same place.

His Gambian accomplice, Mustapha Drammeh, is also facing trial for procuring a child (name withheld) for Mr Anthony, which is contrary to Section 30(1)(a) of the Children’s Act. Mr Drammeh has also pleaded not guilty.

When the case was mentioned, the presiding magistrate informed the court about the request of the defence counsel, Borry Touray, for an adjournment of the trial, which he later granted. However, the police prosecutor, ASP Touray made an application for the court to refuse the two accused persons bail, saying that the case is still under investigation.

His application was granted by the presiding magistrate, who subsequently adjourned the matter to September 11.

Madi Sowe, a 27-year old man was, yesterday, granted bail in the sum of D70,000 after he was charged with the   defilement of a girl under the age of 16. He was brought before the Bundung Magistrates’ Court presided over by Senior Magistrate Kumba Sillah-Camara.

According to the fact before the court, Madi Sowe unlawfully had carnal knowledge of the girl (name withheld), sometime in the year 2007 at Bundung in the Kanifing Municipality.

Madi Sowe told the court that he wanted to seek for services of a counsel.
Senior Magistrate Sillah-Camara then granted him court bail in the sum of D70,000 or a Gambian surety who must deposit his ID Card and furnish the court with a reachable contact address.  

She then adjourned the case to August 12, in order to allow the accused time to secure the services of a lawyer.

Binta Jatta, 32, was on Tuesday, 8 July 2008, convicted and sentenced to two years imprisonment with hard labour, for infanticide.

According to the particulars of her offence, read by Senior Magistrate Kumba Sillah-Camara of the Bundung Magistrates’ Court, the accused, on 15 May 2008, at Fajikunda in the KMC, unlawfully  dumped her newly born baby girl into a pit latrine, thereby causing the death of the baby.

After the charge sheet was read and translated to her in the language she understood, Binta Jatta, who had cried in the court during her first appearance before Senior Magistrate Kumba, last week, pleaded guilty to the offence.

Narrating the story before the court, the prosecution, Corporal 134 Sambou, said that one Essa Danso, the landlord of the accused person, had reported at the police station that a lady-tenant in his compound who was sometime pregnant was no more seen with the pregnancy. Danso disclosed this on the 17 of May, 2008.

He further informed the court that on enquiry from Binta Jatta about her pregnancy, she told him (the landlord) that she had delivered two days back, at the Fajikunda Health Center, alleging however that it was unfortunate that the child had not survived.

The unconvinced Danso continued on his private investigation, going straight to the Fajikunda Health Center where the can of worms was opened to him. He said that the nurse on duty had carefully informed him that they were not aware and had no such name on their register.

Immediately after that confirmation, Danso switched on to Wellingara Police Station where he reported his findings to the police who later arrested the accused and handed her over to the CID for interrogation.

She later confessed to the CID officers that she had truly given birth to a baby girl, but that she had thrown her baby  into a pit latrine in a nearby compound. When she accompanied police to the said compound, nothing was found. But on further investigation, she finally opened to the police that she had wrapped the baby and pushed her inside a metal pipe.

According to Corporal Sambou, the police invited the fire service personnel who proceeded to the spot she had identified. He said that they broke the mental pipe in the pit latrine and pulled out the deceased baby girl in the presence of the accused and the CID. The deceased’s baby was taken to the Health Centre where the corpse was sent to the Royal Victoria Teaching Hospital for post mortem.

Prior to her ruling, Senior Magistrate Kumba asked the accused, Binta Jatta, if all the prosecution had said were true. She confirmed it and said "it is true."  At this juncture the Magistrate said since she had accepted been guilty and that everything said was the truth, she was therefore found guilty of the offence. She was then convicted and sentenced to two years imprisonment with hard labour, without a fine.

One Musa Ceesay on Monday appeared before the Bundung Magistrates’ Court, presided over by Senior Magistrate Kumba Sillah – Camara, on charge of defilement of a girl, age 18, contrary to section 127, cap 10 volume 3 laws of the Gambia.

According to the particular of the offence, sometime in the month of October 2007, at Brufut, Kombo North the accused unlawfully had carnal knowledge a  teenage girl, Fatou Barrow, age 18.

When the case was called, Musa Ceesay pleaded not guilty.

Kaddy Demba, the mother of the teenage girl, when asked if she knew the accused person or if she could remember what had happened between her daughter and the accused person in the months of October and December 2007, she confirmed that she knew him, and she added that nothing was wrong with her daughter, only that she was pregnant.

At this juncture Senior Magistrate Sillah-Camara then granted the accused person bail in the sum of D100,000, with a Gambian surety who must furnish the court with his reachable contact address. Meanwhile, the case was adjourned to 17 June 2008, for continuation. Corporal 432 Njie represented IGP.

Muhammed Waggeh, a nurse at the Brikama Health Centre, was Monday arraigned before Magistrate Ayoub John Njie of Brikama Magistrates Court charged with common assault, which is in contravention to Section 227 of the Criminal Code.

Mr Waggeh was said to have unlawfully assaulted one Hawa Gassama, a patient on May 12, this year. The accused was alleged to have slapped the patient and beat her up with a broken handle of a broomstick.

Mr Waggeh has denied the allegations levelled against him. He requested the court to adjourned the case, as his lawyer Lamin Jobarteh, was indisposed. His application was granted by the presiding magistrate.

Police prosecutor 134 Sambou informed the court that the accused person was under a police bail and that he would want the bail to be revoked for a court bail. This application was as well granted by Magistrate Njie and the accused was granted a court bail at the sum of D1,500, with a Gambian surety, plus an authentic national ID card.

The case was then adjourned to 12 June for continuation of the proceedings.

Senior Magistrate EF M’Bai of the Brikama Magistrates Court on Monday sentenced one Musa Sanyang, a native of Lamin Village, for unlawfully hitting his seven-year old son with a stick  on the head, to a jail term of nine months with hard labour.

Narrating the facts before the court, police prosecutor, Cpl 413 Sanyang, said on the 15 of April  2008, the victim (name withheld) was playing with his friend at home when they cut some mango fruits from a tree in the compound. According to the police prosecutor, when  Musa saw  them, he ran after them.

The prosecutor noted that when the convict got hold of his son, he took a stick and hit him, causing him injuries on the head, and also causing fracture on the young boys left arm. Prosecutor 413 Sanyang told the Court that the matter was then reported to the Yundum Police station by the convict’s own wife, Ramatoulie Gibba.

"The victim was then rushed to Banjulinding health centre where he was treated and discharged," Sanyang said.  He expounded that after the boy was discharged from the health centre, a medical certificate was issued to him and a photograph of the boy’s head was also taken. Sanyang then tendered both the medical certificate and the photograph as exhibits, which were granted by Magistrate M’Bai and there was no objection from the father, Musa Sanyang. Corporal Sanyang concluded that the convict was then arrested by the police and later charged for the offence committed.

In his mitigation, Musa Sanyang noted that he had five children who were all depending on him alone for their survival; education and health. He urged the court to pardon him.

Handing down his verdict, Senior Magistrate M’Bai told the convict that he had taken into account that he (the convict) had pleaded guilty to the offence, adding that he (M’Bai) was well aware of the fact that the victim concerned was the convict’s own flesh and blood, who was only seven years old.

Senior Magistrate M’Bai further told the convict that he had taken note of the fact that he (Mr Sanyang) had informed the  court that he was taking care of a big family. "But I did not hear you make one statement in your mitigation that you regretted your action or that you would never do it again. I did not hear you say even the word "Sorry". M’Bai noted.

He told the convict that the fact that he was the head of his family, taking care of them, did not mean that the court would deem it fitting not to pass a custodial sentence on him. "It is true that the victim is your son but even animals should not be treated in such a way, much more your own blood", he told Mr Sanyang.

He further put it to him (Mr Sanyang) that he should protect his son and not to harm him. "I would not hesitate to say that your action has shown to me that you are a pure heinous man," M’Bai concluded.

He then convicted and sentenced Musa Sanyang to Nine months imprisonment with hard labour, without an option of a fine.

A police detective has disclosed that a search at the house of Alhagie Kebba Kassama of Daranka, a hamlet in Lamin Village, has led to the discovery of 90 live rounds of bullets, three AK47 magazines, three live rounds of bullets and a toy pistol.

Detective Saikou Joof, of Yundum Police Station, made this revelation in an ongoing trial involving a threat to commit murder and possession of unlicensed arms and ammunition.

Joof, who appeared as the first prosecution witness, told a crowded court, presided over by Senior Magistrate EF M’Bai of the Brikama Magistrates Court, on Tuesday, that he was accompanied on the search of the accused’s residence by some police officers and the accused himself.

According to the prosecution, Kassama unlawfully threatened to kill one Lamin Manjang. The accused is also being prosecuted for unlawfully being in possession of firearms, contrary to Section 84 of the Criminal Code and Section 8 of the Arms and Ammunition Act of The Gambia.

Detective Joof told the court that, on 5th December 2007, Alhagie Kebba Kassama lodged a complaint at the charge office of Yundum Police Station, concerning a quarrel he had had with Lamin Manjang, the complainant and his family.

He said they immediately went to fetch Mr Manjang for interrogation but he was not at home at the time. However, he said, they later met both Manjang and his wife, who reported that Kassama had threatened to kill him with a gun.

He told the court that a subsequent search at Kassama’s house lead to the discovery of the said items.

He said the ammunition were taken to Yundum Police Station in the company of  the accused himself.

“We then prepared our statements and the accused was charged with threatening to kill and for being in possession of ammunition,” he concluded.

The case was then adjourned to Wednesday, February 6, for continuation. Police prosecutor, Sub-Inspector Saine represented the IGP.

The trial involving seven former employees of Gacem, who were charged for stealing and possessing  bags of cement (believed to be stolen properties of Gacem) was on last Tuesday, adjourned before Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrates’ Court, as Police Prosecutor 870 Touray was said to be engaged.

The seven-men were Joseph Mendy, Samba Jallow, Alagie Fofana, Musa Camara, Samba Nyang, Sara Ceesay, and Aminu Muhammed.

When the case was called, Police Presecutor Sowe, who held brief for Prosecutor 870 Touray informed the court that his colleague is currenly sitting to a written examination at the Police Training School at Yundum and for that reason could not attend the court session.

According to the particulars of the offense, count one states that the four accused namely Joseph Mendy, Samba Jallow, Alhagie Fofana and Musa Camara, in the month of August, 2006, at Gacem Company jointly stoled 46 bags of cement valued at D9,660.

Count two further revealed that Samba Nyang, Sara Ceesay and Aminu Muhammed in the same month were found in possession of some bags of cement having reason to believe that they were unlawfully obtained. They pleaded not guilty to the charges preferred agaist them.

The presiding Magistrate Abdoulie Mbacke then granted the prosecution’s application accordingly. The case is then adjourned to 28 January 2008.