Basse High Court strikes out defilement charge against suspect

Wednesday, January 31, 2018

The presiding Judge Simeon A. Abi of Basse High Court, Jan. 29, 2018, struck out the criminal matter involving the State against one Modou Secka who is standing trial on two counts of attempting to commit felony and defilement contrary to the laws of The Gambia.

During the court sittings yesterday, State Counsel L. Jarjue informed the court that the attorney generals chamber’s are yet to file any information, though they have received the file from the police and opinion was offered

He stated that the preliminary opinion disclosed that a prima facie case has not been made out against the suspect whilst further investigations were recommended since criminal matters cannot be adjourned sine die.

State Counsel Jarjue humbly applied for the matter to be struck out pending the outcome of the further investigations.

The presiding judge in his ruling commended the State for the stand on the matter, adding that he has stated times without number that there is no basis to charge a citizen to court when no proper investigations into allegations has not been conducted or conclusively conducted.

He remarked that suspect is entitled to his liberty pending when he is called upon on a proper charge to clear his name, adding that since the application of the State to strike out the charge was not opposed by defence counsel, Pa Harry Jammeh, the charge number BSC/CC361/2017 transferred from Basse Magistrate Court to the High Court was accordingly struck out.

Justice Abi ordered that the surety, Mamadi Fofana’s I D card be deposited with the court’s registrar be returned to him.

The prosecution alleged that the suspect in the month of July 2017 at Basse T. Junction in the Upper River Region unlawfully had carnal knowledge of a girl under the age of 18 years without her consent.

Author: Bruce Asemota in Basse