According to the bill of indictment presented by ASP Jahateh on behalf of the Inspector General of Police, the offense of assault is punishable with two years’ imprisonment, in accordance with section 230 (E) of the Criminal Code.
Prosecutors alleged that Ya Kumba Jaiteh on or about the 6th October, 2020, at Kololi and diverse places in the Kanifing Municipality of the Republic of The Gambia, unlawfully assaulted one Ebrima Fadera, a narcotic officer, by holding his neck while he was on due execution of his duties.
It was also alleged that Ya Kumba Jaiteh and Yusupha Jaiteh on the same day and place unlawfully and without reasonable excuse obstructed the following inspectors namely; Lamin Manjang, Landing Tamba and Sisawo Mabally, all narcotic officers, while they were on due execution of their duties. They denied the allegations
ASP Jahateh then applied for an adjournment for the prosecution to call their witnesses. He told the court that they were not opposing bail.
Defence Counsel L.S. Camara, who represented the accused persons told the court that they were applying for bail by virtue of section 99 of the Criminal Procedure Code. He urged the court not to impose a severe bail condition.
However, the presiding magistrate, in granting bail, stated that pursuant to section 24 (3) (a) of the 1997 Constitution and section 99 (1) of the CPC, the accused persons were admitted to bail in the sum of D100,000 with two Gambian sureties who should swear to an affidavit of means in the sum of D50,000 each.
They should also deposit their ID cards with the registrar of the court until the determination of the case.
The sureties should ensure that the accused persons are in court whenever they are required.
Each of the accused persons should swear to an undertaking to be available in court whenever they are required to do so. The case was adjourned to the 26th October, 2020, for hearing.
