2 sent to Mile II for criminal trespass

Thursday, April 3, 2008
Senior Magistrate Kayode Olajubuta of the Banjul Magistrates’ Court on Tuesday sentenced one Ebrima Secka and Alieu Jagne to Mile II Central prison without any option of fine. The two accused persons where facing two count charges of criminal offences.

Count one of the offence criminal trespass was contrary to Section 285 (A) of the Criminal Code and count two was rogues and vagabonds contrary to Section 167 (D) of the Criminal Code Cap 10 Volume III laws of The Gambia.

The two accused persons were convicted and sentenced on court 1 and discharged on court 2 of the offence charged.

According to the particulars of the offence on count one, Ebrima Secka and Alieu Jagne on or about the 13th December 2007 in Banjul, the duo entered the school premises of the Gambia Senior Secondary School (GSSS) with intent to intimidate, insult or anoy one Lamin MB Jaiteh, principal of the school.

Count two stated that Ebrima Secka and Alieu Jagne on the 13th December 2007 in Banjul, they were found wandering at GSSS premises at such a time and under such circumstances as to lead the conclusion that they were there for an illegal or disorderly purpose.

Handing down the verdict, Senior Magistrate Olajubuta on count one said, he had taken judicial notice pursuant to Section 74 of the Evidence Act, Laws of The Gambia that, in The Gambia, there is no formal institution for training of journalsit based on which the court may assess the competence or qualification of the accused persons to practice journalism.

He noted that even a freelance journalist must have working relationship with media house or organisation. “There is noting before this court to establish that the accused persons are journalist either freelancing or otherwise.

The second accused person was mute in his profession while, the first accused person in his defence said he has a been a professional photographer for between 9 and 10 years.

So photographing cannot by any interpretation be interpreted to mean journalism. The claimed that the accused presons are involved in journalistic venture came from the defence counsel, these claims were not in any way admitted by the accused persons” Magistrate Olajubuta stated.

Magistrate Olajubuta then stated that he found it extremely difficult to clarify the conduct of the accused persons as a journalistic venture as claimed by the defence counsel. He then convicted and sentenced the accused persons on count one, to serve three months imprisonment without any option of fine.



Author: by Sanna Jawara & Musa Ndow