By: Dawda M. Jallow
The Kanifing Magistrates’ Court presided over by Magistrate Awa Manneh yesterday transferred a rape case involving a minor and a Dutch national, Jan De Jager to the High Court in Banjul.
During the proceeding, Sergeant 3217 E. Camara and Chief Inspector A Bojang announced their appearance on behalf of the Inspector General Of Police (IGP) while Defense Counsel LS Camara announced his appearance on behalf of the accused person.
Sergeant 3217 E. Camara charged the accused person under section 3 (1)(a) of the sexual offences Act punishable under section 4 (1) (a) (iii) (cc) of the sexual offences act 2013
According to the prosecution, the incident occurred sometime in the month of March 2025, at Kololi in the kanifing Municipality of the Republic of The Gambia, Jan De Jager unlawfully had a canal knowledge of a girl name (withheld) under the age of eighteen years without her consent, thereby committed an offence.
During court proceedings, Sergeant Camara make an application citing that if the accused person is found guilty is punishable of life imprisonment he therefore apply under section 72 of the new Criminal Offense Act to transfer the case to the Special Criminal Division of the High Court.
For the case to be transferred to the high court, he urged the honorable court to remand the accused person at Mile II pending hearing at the high court.
Defense lawyer L.S Camara objected to the application raised by prosecution citing that the accused has the constitutional right to be granted bail by the court, adding, “this accused person is ready willing to defend himself anywhere anytime when granted bail.”
Prosecution further added that the accused person was charged under sexual offence and was very clear that under the said section was punishable of life imprisonment, therefore was clear that the court lacked jurisdiction to grant the accused person bail.
In her ruling, the presiding Magistrate granted the application made by the prosecution, she ordered the case to be transferred to the High court due to the lack of jurisdiction and the accused person should be remanded at mile II Central Prison pending the hearing at the high court.