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Magistrate, Defence team objects to count four
Banjul, The Gambia (TNBES) Both the Magistrate and the Defence team have objected to count four, in the land dispute trial between the villages of Giboro-kuta and Gidda at the Brikama Magistrates’ Court on Tuesday 2nd February 2010.
Thirty-two out of eighty-two accused persons were charged on Count four being in possession of charms (jujus) for the purpose of protecting or preventing themselves from any harm from their opponents.
However, the Presiding Magistrate, Emmanuel Amandi and the Defence Team objected to the Count, saying that it’s incredible and baseless. Defence Counsel Sagarr Jahateh quoted from Section 110 and 113 of the Criminal Procedure Code, which he said stated the invalidity of the count, adding that
the said count is not specific about the charge.
the said count is not specific about the charge.
Responding to the defence counsel’s objection, the Prosecutor, ASP Samateh denied the objection made by the defence counsel, arguing that the said count hold elements of facts, adding that it is not necessary to amend the
charge.
charge.
At this point, Magistrate Amandi asked the prosecutor to amend count four, which the prosecutor promised to see to it against the next adjourned date.
At this juncture he applied for the case to be adjourned.
Eighty-six people from the village of Giboro-kuta and Gidda in Kombo East District of the Western Region were arraigned on charges of conspiracy to commit felony, disobedience to lawful order and threatening
violence.
violence.
According to the charges sheets, Count one stated that Modou Jatta and eighty-five others conspired to commit felony by disobeying divisional authority’s orders.
Count two stated the accused persons on January 31, 2010 disobeyed a lawful order of the Governor and the Authorities of Western Region by unlawfully gathering at a restricted place between Giboro-kuta and Gidda.
Count three stated that the accused persons were found in possession of machetes (arms) and threatened to assault, injure and kill.
All the eighty-six accused persons pleaded not guilty to all charges preferred against them.
After listening to both side, Magistrate Emmanuel Amandi granted bail to the 86 accused persons in the sum of D300, 000 each with one Gambian surety who should sign an affidavit and deposit his or her National
Identity Card to the court, following applications made by their counsels Buba
Jallow and Sagarr Jahateh.
Identity Card to the court, following applications made by their counsels Buba
Jallow and Sagarr Jahateh.
The Magistrate went further to advice both parties to stay away from the restricted place. “If any one fails to obey the rules of the bail condition, he will be remanded,” he said.
The case has been adjourned till 16th February 2010. VOL:2 ISSN:72
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