By: Alieu Jallow
Mustapha Touray, Ebrima Jallow, and a female minor (name withheld) were on Monday, 26th August 2024, arraigned before Principal Magistrate Isatou Sallah Mbye of the Kanifing Magistrates’ Court for obstructing a police officer in the line of duty.
Statement of Offence
Obstructing a police officer in the due execution of their lawful duty, contrary to Section 230(b) of the Criminal Code, Cap 10:01, Volume 3, Laws of The Gambia.
Particulars of Offence
Ebrima Jallow, Mustapha Touray, and a female minor (name withheld) on or about the 3rd day of August 2024, willingly obstructed Sergeant Alagie Malick Njie, Corporal Adama Gibba, Corporal 7216 Ousman Kebbeh, and First Class 7966 Gibbie Baldeh while they were executing their lawful duty as police officers, thereby committing an offence.
In his testimony, PW1, Adama Gibba, a resident of Bundung Mauritania and a police officer with unit number 5014 Corporal Gibba, stationed at Senegambia TSU, said their duties include monitoring the in-and-out movement of vehicles in the industry, screening suspected vehicles and passers-by, and conducting searches for suspected individuals, who in most cases, are found with weapons and many illegal items such as drugs that are then forwarded to the Senegambia police station.
PW1 admitted recognizing the accused persons while recalling the 3rd day of August 2024 when he was on duty at the Djembe checkpoint with Sgt. Alagie Malick Njie and First Class Gibbie Baldeh at around 2 am. The accused persons passed by the checkpoint and went toward the beach. He told the court that while he was manning the main checkpoint, his colleague was off the road at the time, in plain clothing, when he saw the three accused persons passing and called for their attention, with one of them responding.
Corporal Gibba further informed the court that the others proceeded despite several attempts to speak with them. He asserted that one of the accused persons requested the warrant card of First Class Gibbie Baldeh, which prompted his intervention in the matter. He said First Class Gibbie Baldeh complied by showcasing his warrant card and then requested to search the bag of one of the accused persons who initially resisted the search, leading to his arrest and detention along with the second accused person.
Narrating how the 3rd accused person, a minor, became involved, Corporal Gibba asserted that she began ranting and hurling insults following the arrest of her brother. This, according to him, led to widespread upheaval from the crowd, necessitating reinforcement as they were outnumbered. Gibba told the court that upon the arrival of the reinforcement team, the three accused persons were later escorted to the Senegambia police station. The case is adjourned to 10th September at 11:30 am for cross-examination of PW1 by the defense counsel.
