By Louise Jobe
Eleven residents of Berending charged to court following the Gunjur/Berending communal, were on Thursday discharged by Magistrate Peter Ado Che of the Brikama Magistrate’s Court.
The court’s ruling came about when the police prosecutor, K. Gibba made an application for the matter to be withdrawn from the court because it is still under investigation.
Inspector Gibba, told the court that he has received a communication from their high command to stand-down the matter and return the accused persons to Brikama Police Station for further investigations. He pleaded for the court to grant them a two-hour stand-down, but defence lawyer Batchilly objected to the request and said the application is too much and that the court should give only 40 minutes. All the accused persons are from Berending Village.
When the case resumed, Inspector Gibba made an application to have the matter withdrawn from the court pursuant to section 68 of the Criminal Procedure Code. He told the court that he received a communication from his command that the matter should be withdrawn from the court.
“We have no objection. We will just enjoin the court to discharge the said accused persons,” Lawyer Batchilly told the court.
The court in its ruling granted the application and discharged the accused persons.
“The accused are however reminded that a discharge under 68 of CPC is not a bar to subsequent charges,” the court held.
Lawyers Musa Batchilly and Aji Combeh Gaye represented all the accused persons
In this trial, 11 persons were arraigned before Magistrate Peter Ado Che in relation to the land dispute between the communities of Gunjur and Berending, a clash that claimed the life of one Buba Jammeh. The deceased was a student of the University of the Gambia.
Below is the list of the accused persons: 1st Demba Sanyang, 2nd Abdoulie Jarju, 3rd Muhammed Badjie, 4th Muhammed Mbaye, 5th Babucarr Sanyang, 6th Mbemba Drammeh, 7th Ousman Drammeh, 8th Ousman Y Drammeh, 9th Adama Bojang, 10th Yaya Drammeh and 11th Abdoulie Sanyang.
A disputed land in turmoil, ending in violent clashes, death and prosecution.