By Landing Ceesay
Hon. Justice Ebrima Jaiteh of the High Court of the Gambia has revoked the bail of two young boys from Sukuta, sending them to Mile 2 Central Prison for allegedly committing another crime while on bail for a different case.
The boys, Ebrima Barry (alias Bubacarr, the 3rd accused) and Ebrima Drammeh (alias Jammeh Kumba, the 2nd accused), were initially charged alongside Mustapha Sonko with robbery with violence, contrary to Section 273 subsection 2 of the Criminal Code, volume 3, revised laws of the Gambia.
The prosecution alleges that on April 14, 2023, in Sukuta, West Coast Region, the accused robbed Ebrima Bah with violence, taking a mobile phone (INNIX INZIN) valued at D4,000, cash amounting to D2,000, and a pair of shoes valued at D900.
On July 17, 2023, Hon. Justice Jaiteh granted them bail of D15,000 each and ordered the State to file an indictment by the end of October 2023. However, when the case resumed on October 31, 2023, no indictment had been filed, and the state counsels were absent.
Despite the State’s failure to file an indictment against Mustapha Sonko, Ebrima Barry, and Ebrima Drammeh, Hon. Justice Jaiteh decided not to acquit and discharge them.
“The state law office is not serious, and the Police are not serious, that’s why they still did not file anything against you. If they don’t file anything, I will leave you to go. But the law of Karma will catch you again, and if you come back, I will send you to prison. Why would you see someone going with his mobile phone and money and attacking that person?
“Since the case came from the Magistrate’s Court, the state law office is not serious, they have not been coming to court and they are not doing anything. I would have left you people, but there is a victim here. We cannot accept robbery and violence in this country. If you are found guilty, I will give you the maximum sentence, and you will be in prison for the rest of your life,” Hon. Justice Jaiteh told the accused persons on October 31, 2023.
The office of the Director of Public Prosecution (DPP) filed an indictment against the accused on behalf of the State.
Mustapha Sonko (1st accused), Ebrima Drammeh (2nd accused), and Ebrima Barry (3rd accused) all pleaded not guilty to the charges. The case was then adjourned for the testimony of the First Prosecution Witness.
On July 9, 2024, when the case was called for the First Prosecution Witness (PW1), a CID Officer, to testify, the trial could not proceed due to the absence of Ebrima Barry (3rd accused).
The CID Officer informed the court that Ebrima Barry was in custody at Sukuta Police Station for allegedly committing another crime a few days before the court appearance on July 9, 2024.
Hon. Justice Jaiteh then informed the court that he would revoke Barry’s bail and order his transfer to the remand wing of Mile 2 Central Prison pending his next court appearance.
“The third accused person, Ebrima Barry, alias Bubacarr is standing trial for robbery, contrary to Section 272 of the Criminal Code. The said Ebrima Barry is currently arrested by the Police and is at Sukuta Police Station under the custody of Inspector Ceesay. The bail of the Accused is hereby revoked, and the Inspector General of Police or any of his Police Officers is hereby ordered to apprehend and surrender the said Ebrima Barry to Mile Two Central Prisons at the remand wing pending his appearance before this Court. This order is accompanied by the Committed Warrant, and the order is to be carried out forthwith. Meanwhile, this case is hereby adjourned to the 23rd of July 2024 at 1 pm for hearing of PW1 evidence in chief,” Hon. Justice Jaiteh ordered.
Hon. Justice Jaiteh then warned Mustapha Sonko (1st accused) and Ebrima Drammeh (2nd accused) that the same fate will meet them if they are involved in another crime.
“Since he is in your custody, a warrant will be prepared for you to take him to the remand wing of Mile 2. So that he will not go and commit another crime again,” Hon. Justice Jaiteh said.
Hon. Justice Jaiteh then instructed Mustapha Sonko and Ebrima Drammeh to go home and return on July 23, 2024.
However, shortly after they left the courtroom, the CID Officer informed Hon. Justice Jaiteh that Ebrima Drammeh was also a suspect in the crime for which Ebrima Barry had been arrested, and they intended to arrest him as well.
“Then go and bring him (Ebrima Drammeh) here, let me revoke his bail also, and you take him to the Mile 2 Prison. Bring him here before he will go and commit another crime,” Hon. Justice Jaiteh ordered.
However, 20 minutes later, the CID Officer returned to the courtroom and informed Hon. Justice Jaiteh that despite pursuing Ebrima Drammeh, he was unable to apprehend him. Consequently, Hon. Justice Jaiteh revoked Drammeh’s bail and issued an arrest order.