Magistrate A. Manneh of the Kanifing Magistrates’ Court has dismissed a defence application seeking to strike out three charges against Abdul Wahab Jobarteh, ruling that his lawyer failed to provide evidence showing that identical charges were already pending before another court.
Jobarteh faces seven charges stemming from an alleged incident on June 5, 2026, involving a Mercedes-Benz C-Class with registration number BJL 6726 J. He has pleaded not guilty to all charges.
During Tuesday’s proceedings, defence counsel K. Bojang asked the court to strike out Counts Two, Three, and Four, arguing that the same charges were already before the Banjul Magistrates’ Court.
After hearing arguments from both sides, Magistrate Manneh briefly adjourned the proceedings to consider the application.
Upon resuming, she dismissed the request, ruling that the defence had not presented sufficient material to establish that the charges pending in Banjul were identical to those before the Kanifing court.
The magistrate said the court could not rely on speculation or assertions unsupported by evidence.
Following the ruling, the prosecution, led by DSP Y.S. Colley, continued its case by calling Assistant Superintendent Mam Berry Touray to testify about the retrieval and preservation of video evidence obtained from social media.
ASP Touray told the court that he was instructed by a superior officer to download video footage from Facebook in connection with the case. He said he used Internet Download Manager, or IDM, to download the footage onto his office computer before transferring it to a flash drive.
Touray described the computer as a white HP desktop used exclusively for official purposes and accessible only to him. He testified that the computer was functioning properly at the time and had not experienced any virus attacks.
Jobarteh’s seven charges include causing danger or obstruction on a public highway, contrary to Section 194 of the Criminal Offences Act 2025. The charge relates to an allegation that a police sergeant was carried on the bonnet of the vehicle during the June 5 incident.
He is also charged with driving without a valid driver’s license and other traffic-related offences. Count Five alleges careless driving, contrary to Section 51 of the Motor Traffic Act.
Count Six accuses Jobarteh of the unauthorized use of tinted glass, contrary to Section 25C of the Motor Traffic Act (Amendment) Act 2013, while Count Seven alleges use of the vehicle without payment of road tax, contrary to Section 22A of the same amended law.
Magistrate Manneh adjourned the case after indicating that she had other court engagements.
The trial is scheduled to continue on August 24 and September 1, 2026, at 1:30 p.m., for further testimony and cross-examination.
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