Lawyer Lamin K. Mboge, the defence counsel
representing the three persons who are accused of publishing a video of a naked
person and assaulting Malang Sidibeh in Bijilo, has urged the presiding
magistrate Omar Jabang of the Brusubi Magistrates’ Court to order an inquiry or
investigations into a theft charge against Malang Sidibeh.
Lawyer Mboge made this application recently during the criminal trial involving Momodou Basiru Saidykhan, Sarjo Sighateh and Alagie Kujabi.
The accused persons were on count one alleged to have on 22 August 2017 at Bijilo, West Coast Region, jointly taken and published a naked video of Malang Sidibeh in a derogatory and contemptuous manner and insulting his person.
They were also alleged on count two to have on the same date and place, jointly assaulted the said Malang Sidibeh by beating him all over his body and caused him injuries.
Lawyer Mboge submitted that the purported victim, Malang Sidibeh, should have been a co-accused person with the accused persons before the court.
He argued that the accused persons were arraigned on the basis of the alleged victim who was reportedly caught stealing from the accused persons’ compound in Bijilo.
He cited Section 69 (3) and (6) of the Criminal Procedure Code (CPC) and urged the court to order an inquiry or investigations into the complaint that the complainant, Malang Sidibeh, was caught stealing.
“We want that allegation investigated that Malang Sidibeh was caught stealing from the compound of the accused person and was beaten,” he urged.
Lawyer Mboge referred the court to Section 24 and Section 33 of the 1997 Constitution, noting that the purported complainant, Malang Sidibeh, should not be treated differently from the accused persons.
Why was he arrested, beaten, undressed and posted on the internet? Lawyer Mboge queried, adding that it was because the complainant did something.
Defence Counsel Mboge referred the court to Section 17(1) of the 1997 Constitution, noting that it empowers the court to protect the fundamental right of the accused persons.
Lawyer Mboge lamented that the said Malang Sidibeh should have been arraigned before the court to answer to charges of stealing amongst others by the police.
In his response, ASP A. Sighateh disclosed that the Gambia Police Force is a reputable force within the sub-region whose professionalism is of high caliber.
“We have high regard for everyone and citizens in the country and every case is treated professionally,” he remarked.
ASP Sighateh submitted that the case was diligently dealt with and the police have acted professionally in the case.
Meanwhile, the presiding magistrate Omar Jabang adjourned the matter for ruling on whether the court would order an inquiry or investigations into the allegation for the purported victim, Malang Sidibeh, to be charged for theft.