The Daily Observer (Banjul)
Alhagie Babou Jallow
7 June 2011
NBR — The eight members of The Gambia Transport Control Union (GTCU) who where recently charged with false assumption of authority before the Farrenni Magistrates Court prtesided over by Magistrate Dayoh Small Dago, are now facing additional charge with conspiracy to commit misdemeanor under Section 369 of the Criminal Code, laws of The Gambia.
The particular of the offence stated that Alhagie Musa Joof, Kebba Suwaneh, Sulayman Saidy, Ismaila Dibba, Julldeh Bah, Ousman Drammeh, Sulayman Nyassi and Tabora Touray on or about the 6the My 2011, falsely mobilised themselves to represent The Gambia to the Senegalese Transport Union in the service of The Gambia without being authorised by The Gambia thereby committed an offence contrary to Section 369 of the Criminal code, laws of The Gambia. When the charge was read at yesterday’s sitting.
the defense counsel for the accused persons, Lawyer Pap Chayasin Secka announced that one of his client Alhagie Musa Joof who is the first accused person was absent for the reason that he has another case outside the region. But in the absence of Alhagie Musa Joof, the magistrate allowed the other accused persons to table their pleas and they all pleaded not guilty.
At that juncture, ASP Sanyang who is representing the Inspector General of Police (IGP) said the accused persons has committed an offence by falsely mobilising themselves in the service of The Gambia to represent the country to Senegal without being authorised and there are genuine reasons to try them in the court according to the offence committed .
He said Section 2 of the Criminal Code of indicated that such people should be tried for conspiracy to commit an offence by false representation. Lawyer Pap Cheyasin Secka then stood and said Section 3 of the Criminal Code stated that when an act is committed partly within and partly outside the territory of The Gambia, there are limited powers for jurisdiction to proceed with that case .
He also stated that Section 3 of the Criminal Code which does not avail the prosecution to continue for the simple reason that the case was committed in Kerr Ayip, Senega and is not in the territory of The Gambia. ASP Sanyang then replied and put it to him that the court has the jurisdiction to fight this matter in court as it is conspiracy adding that the mobilisation process started here in The Gambia and ended up in Senegal, meaning an offense is committed.
The case was then adjourned to the 20th June 2011 for continuation.
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