Astou
Jeng, the woman alleged to have attempted to burn her husband, Alhajie Secka,
to death, was on 13 April 2017 arraigned before principal magistrate Omar Cham
of the Brikama Magistrates’ Court, charged with a single count of attempted
murder.
The
particulars of offence stated that the accused, Astou Jeng, on 16 March 2017,
at Brikama Sanchaba , unlawfully attempted to kill her husband, Alhajie Secka,
by pouring petrol on him and setting him ablaze, causing him serious bodily
harm and thereby committed an offence.
She
denied the charge and the prosecution led by Sergeant Jammeh applied for
adjournment to enable the prosecution secure the presence of its witnesses to
prove the charge against the accused.
Prosecutor
Jammeh, however, objected to granting bail to the accused, noting that though
the offence the accused was charged with was bailable, the accused when granted
bail could interfere with the witnesses.
Sgt
Jammeh also pointed out that the accused could be a flight risk knowing the
gravity of the offence she was charged with.
He
revealed that the victim, the husband, was still hospitalised at the Edward
Francis Small Teaching Hospital (EFSTH) in Banjul as a result of the
seriousness of the injuries he sustained.
He
urged the court to refuse the accused bail, adding that granting bail was at
the discretion of the court.
The
defence counsel, Pa Harry Jammeh, submitted that the facts as provided in the
particulars of offence are indeed distasteful and bound to send shockwaves to
an ordinary bystander.
He
pointed out that there are always two sides to a story, adding that the full
extent of the defence story would be revealed during the course of the trial.
He
noted that the fundamental principle of criminal law is the presumption of
innocence, citing the 1997 constitution of The Gambia.
He
said the accused was charged under section 200 and that the offence was
bailable, though it attracts a penalty of seven-year imprisonment when
convicted.
Defence
Counsel submitted that the accused was charged with attempted murder and not
murder which attract penalty of either life imprisonment or death sentence.
He
further submitted that in the particulars of offence the accused was charged
with attempted murder in which she was entitled to bail.
Defence
Counsel said the accused is a responsible woman who is traumatised by the
experience and that all she needs now is medical attention.
He
revealed that the accused was also injured and hospitalised but had to leave
the hospital to answer to the charge in court.
Lawyer
Jammeh submitted that denying her bail would worsen her situation, adding that
the extent of injury on her body shows she is not a material for detention.
He
informed the court that the defence would want the accused to be fit and well
to stand trial and clear her name.
In
his ruling, principal magistrate Omar Cham disclosed that the constitution
guarantees the presumption of innocence until proven guilty.
The
accused was then granted bail of D500,000 (five hundred thousand Dalasis) with
two Gambian sureties who must deposit their ID cards with the court.
The
matter was adjourned until 24 April 2017, for hearing.
