By Landing Ceesay
Justice Ebrima Jaiteh, the presiding judge over Sainabou Mbye and two others’ manslaughter case said there is a reasonable suspicion in the lady and colleagues.
He said this in the Friday hearing while responding to the submission of Counsel Sagar Cecilia Thomas that her clients (Sainabou Mbye, Cherno Mbye and Kibili Dambelly) are not accused of any crime and should therefore not be referred to as ‘accused persons’.
Justice Jaiteh said those who arrested the accused persons did not just go to the street and arrest them and because there is a reasonable suspicion that is why they are arrested.
He further told the court that the magistrate acted based on the law under section 208 A and transferred the matter to the High court, and said that the State becomes in charge once a matter is transferred to the High Court.
“This is not the first time the High Court hears a transferred matter from the lower court. We have been dealing with instances like this. The State was not in charge of the case at the lower court. There are so many individuals in the street that the State did not arrest,” Justice Jaiteh said.
He said the Chief Justice is aware and that he could have rejected the application, if it is not in line with the law; adding that the Chief Justice assigned the magistrate’s file to his court together with their entire proceedings.
The ex-wife of remanded Bob Keita Sainabou Mbye, Cherno Mbye and Kibili Dambelly are charged with manslaughter contrary to section 186 of Criminal Code Cap: 10.01 Vol.III, Laws of the Gambia 2009.
The particulars of the offence stated that Sainabou Mbye, Cherno Mbye and Kibili Dambelly, on or about the 3rd day of July 2022, at Kanifing and diverse places in the Republic of the Gambia, by unlawful act or omission, amounting to culpable negligence, left one Muhammad Mbye, a two-year-old boy resident of Brusubi inside a car which caused his death, thereby committed an offence.
Justice Jaiteh then adjourned the case Tuesday 9th of August 2022.
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