By Dawda M. Jallow
The Kanifing Magistrates’ Court has dismissed a defense application seeking to strike out three of the seven charges against Abdul Wahab Jobarteh, ruling that the defense failed to provide evidence that the charges were already pending before the Banjul Magistrates’ Court.
Magistrate A. Manneh delivered the ruling on Monday after defense counsel K. Bojang had argued that Counts Two to Four were duplicate charges allegedly already before the Banjul Court.
The defense had urged the court to dismiss the three counts on that basis, while the prosecution opposed the application.
After hearing arguments from both sides, Magistrate Manneh adjourned proceedings for about 30 minutes to consider the application before delivering her ruling.
In dismissing the application, the magistrate said the defense had not presented sufficient evidence establishing that the charges before the Kanifing Court were identical to those allegedly pending in Banjul Court.
The court held that it could not rely on speculation or unsupported assertions, leading to the dismissal of the application.
Following the ruling, the prosecution continued presenting its case and called Assistant Superintendent of Police (ASP) Mam Berry Touray as a witness.
ASP Touray testified about the extraction and preservation of video footage allegedly obtained from social media in connection with the case.
He told the court that he was instructed by a superior officer to download a video from Facebook and used Internet Download Manager (IDM) to obtain the footage.
According to his testimony, the video was successfully downloaded onto his office computer before being transferred to a flash drive.
ASP Touray described the computer as a white HP desktop used for official purposes and said it was accessed only by him. He also testified that the computer was functioning properly when he downloaded the video and had not previously been affected by a virus.
Jobarteh is facing seven charges arising from an alleged incident on June 5, 2026, involving a Mercedes-Benz C-Class with registration number BJL 6726 J.
The first count alleges causing danger or obstruction on a public highway, contrary to Section 194 of the Criminal Offences Act 2025. The allegation relates to an incident in which a police sergeant was allegedly driven on the bonnet of the vehicle.
The remaining charges include driving without a valid licence, other traffic offences included: careless driving, unauthorized use of tinted glass and using a vehicle without paying road tax.
Jobarteh has pleaded not guilty to all seven charges.
The court later adjourned proceedings after Magistrate Manneh indicated that she had other court engagements.
The case will resume on August 24, 2026, at 1:30 p.m., and again on September 1, 2026, at 1:30 p.m., for continuation of evidence and cross-examination.
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