By Nelson Manneh
Police Prosecutor sub-Inspector Boob who appeared for the Inspector General of Police (IGP) in the ongoing criminal suit involving Ali Cham, prominent Gambian Artist, applied for changes in the amendment of charges against him. Sub-Inspector Mboob made this application yesterday November 15th 2018, at the Kanifing Magistrates Court.
Ali Cham known as Killa Ace, was previously charged with two Counts. On Count One, the accused person was charged with prohibition of conduct conducive to the breach of peace contrary to section 9 of the public Order Act cap 22:01, Volume 3, Laws of the Gambia. On Count Two, the accused person was charged with assault on a Police Officer, contrary to section 230 (B) of the criminal code.
On the new Counts, Cham is charged with the following:
On Count one, Cham is charged with prohibition of conduct conducive to the breach of peace contrary to section 9 of the public Order Act, cap 22:01, Volume 3, Laws of the Gambia. According to the particulars of offence, on or about the 29th day of October 2018 in Serrekunda in the Kanifing Municipality of the Gambia, the accused person while in a public place, conducted himself in a manner likely to provoke a breach of peace, thereby committed an offence.
On Count Two, the accused person is charged with assaulting a Police Officer in the execution of his duty, contrary to section 230 (D) of the criminal code, volume 3, Laws of the Gambia.
According to the particulars of offence on this Count, the accused person on the same day at the same place, assaulted First Class 6407 Demba Bah on his left eye and mouth, whilst in due execution of his duty and resisted lawful arrest, thereby committed an offence.
On Count three, the accuse person is charged with wilful damage to property, contrary to section 312 (1) of the Criminal Code Cap 10:01, Volume 3, Laws of the Gambia.
According to the particulars of offence on this Count, the accuse person on the same day at the same place, wilfully and unlawfully damaged First Class 6407 Demba Bah’s uniform, property of the Gambia Police Force, thereby committed an offence.
Magistrate Sainey Joof of the Kanifing Magistrates Court, accepted the amendment of the charge sheet which was read before the accused person in English, and the accused person pleaded not guilty to all the three counts.
Police Prosecutor Mboob then continued with her first witness, PWI Demba Bah.
PW1, who is a First Class Office of the GPF and posted at the Anti-Crime Unit in his testimony said, on the 29th day of October 2018, he was on duty at their main office in Bijilo, and were instructed to go to the Serrekunda Black Market, were they suspected some people selling suspected stolen goods;
that upon arrival, one Sub-Inspector Mendy approach one man with rasta hair, and showed him his warrant card and requested to search him; that the said man with rasta hair, was carrying a bag on his back; that while trying to search him, he resisted and told them: ‘you dirty police’.
“I was in uniform and intervened but he resisted and as people were coming, we decide to arrest him and take him to Serrekunda Police Station,” he said.
He further told the Court that the person they arrested on that fateful day was Ali Cham; that when they reach the Police Station, he was asked to remove the handcuff from Cham’s hands; that after removing the cuffs, the accused person hit him on his left eye and chick, because he was taller than him; that he was further rescued by his friends from him and they returned to their main office in Bijilo.
PWI further stated that he went back to their office with the pain and that on the same day, he went to the Police Training Unit in Banjulinding for treatment. He added that they later went to Kanifing for further treatment.
The medical receipt that was obtained by the Police at the Kanifing Hospital was tendered and marked as exhibit PE1 and the Police shirt was also tendered as exhibit PE2.
The matter was then adjoined to 22nd November 2018, for cross examination of PW1.
