Senior Counsel Lamin L.K. Mboge issued the private prosecution against the accused persons on behalf of the Kartong VDC, while Counsel Y. Baldeh represented the accused persons.
However, the Defence Counsel Y. Baldeh filed an application for the court to strike out the case for noncompliance. He argued that the accused persons were brought to the court by a private prosecution who filed the case under the Criminal Procedure Act (CPA) 2025.
He further told the court that the private prosecution should have obtained a certificate from the Director of Public Prosecution (DPP) before filing such case to the court. This procedure, he said, was not observed before filing the case.
“I can refer you to Section 8 of Criminal Procedure Action 2025, which states that one has to obtain a certificate from the DPP before instituting a private prosecution,” he told the court.
Counsel L.K. Mboge argued that the case was filed before the new law as assented to. He told the court that the case was filed on the 2nd June 2025, while the law came into effect on the 6th June 2025.
L.K. Mboge further said the new law did not provide that any action or trial before its coming into effect shall be null and void. Therefore, he said the defence application should be rejected.
Meanwhile Magistrate Mendy adjourned the case to July 15 for ruling.
On count one, the accused persons are facing charges of mining without authority contrary to section 5 (2) of the Mines and Quarries Act, CAP 64:O1 VOL 10 laws of The Gambia.
The particulars of offence stated that Lamin Bojang, Lamin Jamba Jammeh and Mansour Tabally from the month of July 2022 up to date in Kartong Village, Kombo South in the West Coast Region of Republic The Gambia within the jurisdiction of the Honourable Court, unlawfully carried out illegal sand mining without authority from the Geological Department and thereby committed an offence.
On count two, the accused persons face fraudulent dealing with minerals in mines contrary to section 269 of the Criminal Code Cap 10:01 Volume 3 Revised Laws of the Gambia.
According to the particulars of offence, the trio,
from the month of July 2020 up date, in the Kartong Village, Kombo South District of the West Coast Region of the Republic of The Gambia, within the jurisdiction of this Honourable Court were fraudulently dealing with minerals in mine and thereby committed an offence.
The case was adjourned on July 16, 2025.
