The accused’s offence is contrary to section 187 of the Criminal Code Cap 10 Laws of the Gambia.
Deputy Superintendent Buteh Sawaneh announced his appearance for the Inspector General of Police.
The prosecution alleged that on or about 17 December 2024 at Jalambang village, the accused with malice aforethought caused the death of one Jainaba Jallow by strangling her throat, thereby committed an offence.
When the charge was read to her in the language she understood, she pleaded not guilty to the charge against her.
The prosecution made an application that murder, which is punishable with death, falls under capital offence and that the prosecution is aware of the provision of section 5 (1) of the CPC, which gives the court powers to preside over all offences except treason.
The prosecution also referenced the provision of section 5 (1) (a) of the CPC, which, among others pursuant to Legal Notice Number 3 of 2009, established the Special Criminal Division of the High Court that deals exclusively with capital offence provided for under section 143 (1) of the 1997 constitution, since the offence of murder is not bailable.
"I am applying that this case be transferred to the Special Division of the High Court pursuant to section 62 of the CPC and the accused person be remanded under section 208 (A) of the CPC pending arrangement before the Special Criminal Division," the prosecution stated.
The Magistrate, however, granted the prosecution’s application, adding that the case be transferred to the Special Criminal Court, thus the accused be remanded.
