By Buba Gagigo
Sainabou Mbye, Cherno Mbye and Kibili Dembelly are charged with Manslaughter, while their case is transferred to the Special Criminal Division of the High Court in Banjul.
When the matter was mentioned at the Kanifing Magistrates Court on Tuesday, State prosecutor Ablie Sanneh said the charge attracts “life imprisonment” and the Kanifing Magistrates Court has no jurisdiction to hear the case, relying on Section 62 of the criminal procedure.
The Prosecutor also relied on Section 208 of the Criminal Procedure Code and asked the Court to remand Sainabou Mbye, Cherno Mbye and Kibili Dembally at mile 2 central prison.
Defence team led by Kombe Gaye said she is aware of the mentioned provisions and had no objection to what the State prosecutor said.
“The charge is manslaughter. The punishment is life imprisonment. Since this court (Kanifing Magistrates Court) lacks the jurisdiction to hear this case. This matter is hereby transferred to the Special Criminal Division of the High Court. Since the offence is not bailable, the accused persons are to be remanded under prison custody, pending formal agreement before the High Court,” Magistrate Omar Jabang said.