By: Ousman Saidykhan
Principal Magistrate Omar Jabang has transferred a murder case involving one Modou Lamin Njie to the High Court on Monday 25 July 2022.
Modou Lamin Njie, 23, is accused of hitting one Ismaila Barry with a wooden stick on his head resulting in his death, contrary to Section 187 of the Criminal Code.
The incident is said to have occurred on 23rd July 2022 at Kanifing Layout.
The Magistrate’s decision came after the prosecution applied for a transfer of the case.
“We wish to apply under section 62(1) of the Criminal Procedure Code (CPC) to transfer this case to the High Court. The accused is charged with murder which is a capital offense and cannot be tried in the Magistrate Court.
“We crave the indulgence of the court for the matter to be transferred,” applied the prosecution.
The defence counsel did not object to this application giving way for the Magistrate to proceed to the ruling.
“The charge is a capital offence since it attracts the punishment of death. Pursuant to Legal Notice No.3 of 1999, only the Special Criminal Division of the High Court has the exclusive jurisdiction to hear matters like this.
“Therefore, Pursuant to the said Legal Notice and section 62(1) of the CPC, this matter is transferred to the said court,” Principal Magistrate Jabang ruled.
He added that the accused be remanded under prison custody pursuant to Section 208A of the CPC since the offence is not bailable.
The defence pleaded with the Magistrate for her client to be allowed visit of his family to take his medication because he is a Bipola.
“Since the accused is a Bipolar, he shall be given the visiting right by the family so that he can have access to his medication,” the Magistrate ordered.
