Magistrate Jallow Sentences Five Young Drivers to Prison for Stunt Driving in Jabang

The Brusubi Magistrates’ Court, presided over by Senior Magistrate I. Jallow, has convicted and sentenced five young men to prison terms with hard labour following a dramatic stunt driving incident in Jabang that brought traffic to a standstill and caused damage to vehicles.

The case, which drew significant public attention, involved a large convoy of drivers who engaged in reckless stunts, creating chaos on public roads and endangering lives. The convicted individuals—Momodou Martin Sanyang, Serigne Mass Gaye, Muhammed Bah, Ismaila Faal, and Samba Ceesay—pleaded guilty to multiple charges under The Gambia’s Motor Traffic Act and its amendments.

Representing the Inspector General of Police (IGP) were Assistant Commissioner Manga, Inspector L. Barrow, Inspector B. Jarju, and M. Jarju. The convicts were represented in court by Counsel L. Jaiteh and J. Drammeh.

Charges and Sentences:

1. Momodou Martin Sanyang
Charged with reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act. The offence carries a fine of not less than D5,000 and not more than D25,000, or imprisonment of up to five years, or both.

• Sentence: A fine of D25,000 and three years imprisonment with hard labour.

2. Serigne Mass Gaye
Convicted on two counts:

• Count 2: Driving without a valid licence, contrary to Section 36 of the Motor Traffic Act, punishable by a fine of between D500 and D1,000 or up to one year imprisonment.
• Count 3: Reckless and dangerous driving, punishable by a fine between D5,000 and D25,000 or up to five years imprisonment.
• Sentence: For Count 2, fined D1,000 and three months imprisonment with hard labour. For Count 3, fined D25,000 and three years imprisonment with hard labour.

3. Muhammed Bah
Convicted on two counts:

• Count 4: Unauthorised use of tinted glass, contrary to Section 25C of the Motor Traffic Amendment Act 2013, punishable by a fine between D10,000 and D20,000 or a default sentence of two years imprisonment with hard labour.
• Count 5: Reckless and dangerous driving, punishable by a fine between D5,000 and D25,000 or up to five years imprisonment.
• Sentence: For Count 4, fined D20,000 with a default of two years imprisonment with hard labour. For Count 5, fined D25,000 and three years imprisonment with hard labour.

4. Ismaila Faal
Convicted on two counts:

• Count 6: Reckless and dangerous driving, punishable by a fine between D5,000 and D25,000 or up to five years imprisonment.
• Count 7: Unauthorised use of tinted glass, punishable by a fine between D10,000 and D20,000, with a default of two years imprisonment with hard labour.
• Sentence: For Count 6, fined D25,000 and three years imprisonment with hard labour. For Count 7, fined D20,000, with a default of two years imprisonment with hard labour.

5. Samba Ceesay
Convicted on one count:

• Count 8: Reckless and dangerous driving, punishable by a fine between D5,000 and D25,000 or up to five years imprisonment.
• Sentence: A fine of D25,000 and three years imprisonment with hard labour.

Magistrate’s Ruling and Remarks:

Delivering judgment, Senior Magistrate Jallow emphasised that while the court is bound to act within the confines of the law, it also bears a responsibility to protect the public from dangerous conduct on the roads. She noted that reckless driving and convoy stunt displays are becoming a dangerous trend, posing a threat to lives and property.

Magistrate Jallow clarified that the court cannot impose mandatory prison sentences unless explicitly provided by law. Where fines are prescribed with imprisonment as an alternative, the court must act within those legal boundaries. “The role of the court is not to make laws but to interpret and apply them. Law-making powers lie with the Legislature,” she explained.

Despite pleas for leniency, the court considered the seriousness of the offences. The convicts, though first-time offenders, created a situation that disrupted public order and endangered road users. Magistrate Jallow observed that although no fatalities or major property damage occurred, the potential for tragedy was extremely high, and the scale of the convoy could not be overlooked.

She acknowledged that the convicts’ early guilty pleas saved the court’s time and resources, which served as a mitigating factor. However, she stressed that sentencing must also serve as a deterrent to discourage similar reckless conduct by others. “The purpose of criminal justice is not only to punish but also to deter and rehabilitate. The court must balance leniency with the protection of public safety,” she said.

The Magistrate further highlighted that all the convicts are young men in their twenties and should have exercised better judgment. Their decision to participate in dangerous stunt driving demonstrated a disregard for the law and the safety of others.

As part of her sentencing order, Magistrate Jallow directed that the first and second convicts—Momodou Martin Sanyang and Serigne Mass Gaye—serve their custodial sentences at Jeshwang Prison due to their age.