The lead prosecuting officer, Commissioner A. Sanneh, told the court that the offence with which the accused persons were charged if convicted attracts life imprisonment. He applied under Section 62 (1) of the Criminal Procedure Code to transfer the case to the High Court in Banjul. He also applied under Section 208 (A) of the CPC for the accused persons to be remanded at Mile 2 Central Prison, pending the hearing of the case.
Defence Counsel Kombeh Gaye replied that they were not opposing the application made by Prosecutor Sanneh. She posited that they are aware of Section 62 (1) of the CPC and Section 208 ( A ) of the CPC that the offence with which the accused persons were charged are not bailable. She agreed that the case should be transferred to the High Court.
Magistrate Jabang then ruled that since the offence attracts life imprisonment, it is not bailable. He stated that the court does not have the jurisdiction to hear the case. He stated further that by virtue of Section 62 (1) of the CPC and Section 208 ( A ) of the CPC, the case would be transferred to the Special Criminal Division in Banjul. He ordered that the accused persons be remanded at Mile 2 Central Prison, pending the hearing of the case at the High Court.
