By: Christian Conteh
His Worship Magistrate Muhammed Krubally has ruled that the matter between the Inspector General (IG), (for the state) and Nenneh Freda Gomez (first accused) and Lamin Sey (second accused) proceeds to hearing.
He handed down this ruling on Wednesday 16th February 2022, after Counsel S Jarju for the IGP and Counsel RY Mendy for the accused persons had made their presentation on the substantive matter.
The two Accused herein referred to as Nenneh Freda Gomez as the First Accused and Lamin Sey, second accused were arraigned on three counts charge of Conspiracy to commit misdemeanour contrary to Section 369 of the Criminal Code Cap 10 01 Revised Laws Of The Gambia 2009, Idle and Disorderly Persons contrary to Section 166, c of the Criminal Code Cap 10 01 Volume 3 Revised Laws Of The Gambia 2009 and Obstructing a Police Officer, Contrary to Section 230, b of the Criminal Code Cap 10 01 Volume 3 Revised Laws Of The Gambia 2009.
Both accused persons pleaded not guilty to all charges.
According to the defence counsel, “an objection to a charge for any formal defect on the face thereof shall be taken immediately after the charge has been read over to the Accused Person and not later,” and this was done.
Looking at this provision according to the Learned Senior Counsel Y Senghor, the prosecution should have provided in detail in every charge sheet and each offence thereof shall be tied with the particulars thereof.
His client having won a civil lawsuit on the same matter before the court Counsel Y Senghor submitted that, the judgement decided by Justice Bakary in Nenneh Freda’s case at the High Court has a bearing in this Criminal case and therefore urge this court to;
“So, hold that the charges brought against the Accused Persons are defective in material particulars and strike out the matter.”
The Magistrate however ruled that the case at hand is criminal and not civil, therefore the defence cannot rely on the judgement from the civil matter at the high court.
“I am of the opinion here that, this particular case against Nenneh Freda Gomez, Gilbert Mendy and Lamin Sey was a civil one whiles this particular case on which the two Accused herein are charged are Criminal which required the prosecution to prove its case beyond all reasonable doubt.
The import of section 54 of the Evidence Act in my view here can only be applicable if the case against the two Accused Persons herein is also civil similar to the one earlier decided against them at the High Court,” Magistrate Krubally said.
Magistrate Krubally went on to conclude that the said Counts One, Two and Three so preferred against Nenneh Freda Gomez herein the First Accused and Lamin Sey herein the Second Accused are good, valid and competent and not statutorily defective.
Therefore, the submissions made by Counsels in their preliminary objections against the preferred charges against the first and second accused herein by the prosecution are hereby discountenanced.
“I so hold and order that the matter proceeds to hearing,” he said.
At that juncture, the prosecution applied for a short adjournment in order to secure the attendance of its witness to enable them to prove their case beyond reasonable doubt.
Since no objection was raised by counsel for the accused the Magistrate granted the call for adjournment. The matter stands adjourned to Thursday 10th March 2022 for hearing at 2;15 pm.
