Friday, October 22, 2010

Driver Charge for Rash and Negligent Act


Appeared After Half A Decade Absence from Court
Banjul, The Gambia (TNBES) A driver has been charged with rash and negligent act causing death Contrary to Section 221 A of the Criminal Code Cap 10 Volume III laws of The Gambia after he was re-arraigned at the Kanifing Magistrates' Court before Magistrate Fatoumata Drammeh on 1st March, 2010.
Modou Bah, a resident of Bakau was arranged in 2005 before Magistrate Mbacke was said to have been issued a bench warrant after he was granted bail in 2005, but never appeared in court, thus he was no where to be found. He was found recently and subsequently re-arraigned.
According to the particulars of offence Modou Bah on or about 27th September, 2005 at Bakau while driving a commercial vehicle with registration number BJL 2248 D rashly or negligently caused the death of one Ebrima Sering Mbow by knocking him down. After the charge was read to him in Fula (his mother tongue) he pleaded guilt to the charge preferred against him.

Narrating the facts to the Court, Corporal 265 Trawally said the accident happen on the 27th September, 2005 at St. Mary Road, Bakau involving vehicle registration number BJL 2248 D, a commercial van drove by the defendant Modou Bah while the complainant Ebrima Sering Mbow was riding a pedal
cycle.

According to Corporal Trawally, the accused was coming from Banjul via Mile Seven Road towards Bakau and on his arrival at the petrol station according to the accused own statement, there is unknown vehicle coming out from a junction, he turn his stair wheel to the left side and eventually collided with a pedal cycle.

He added that at that juncture the Mobile Police were informed and Corporal 269 Sanyang now Station Officer (S.O.) arrived at the scene and the complainant was taken to RVTH at Banjul. He said a few days later, 5th October, 2005 they received a call from RVTH that Ebrima Sering Mbow passes away. 
He told the court that the accused was first arraigned in 2005, after he was granted bail he never appear in court and the bench warrant was issue, but he was no were to be found until 2010, and was then re-arraigned. IGP was represented by Corporal 269 Trawally while the accused is without a counsel.
Case has been adjourned till 15th March, 2010 for Judgment. VOL:2 ISSN:115

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