Following a dramatic stunt driving incident in Jabang that caused traffic to stop and vehicles to be damaged, the Brusubi Magistrates’ Court, presided over by Senior Magistrate I. Jallow, found five young men guilty and sentenced them to hard labor in jail.
A big convoy of drivers participated in risky stunts, causing disruption on public roadways and putting lives in danger. This case garnered a lot of public attention. Under the Motor Traffic Act of The Gambia and its revisions, the convicted individuals—Momodou Martin Sanyang, Serigne Mass Gaye, Muhammad Bah, Ismaila Faal, and Samba Ceesay—pleaded guilty to several crimes.
Assistant Commissioner Manga, Inspector L. Barrow, Inspector B. Jarju, and Inspector M. Jarju were all representing the Inspector General of Police (IGP). Counsels L. Jaiteh and J. Drammeh represented the inmates in court.
Charges and Sentences:
- 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. - 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.
- 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.
- 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.
- 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.
Judge’s Decision and Remarks:
Senior Magistrate Jallow emphasized in her ruling that although the court must operate within the bounds of the law, it also has an obligation to safeguard the public from risky behavior on the roadways. She pointed out that convoy stunts and careless driving are on the rise and endanger both people’s lives and property.
Magistrate Jallow said that unless specifically permitted by law, the court cannot impose mandatory prison sentences. The court must operate within the bounds of the law when fines are ordered with imprisonment as an option. The court’s job is to interpret and implement laws, not to create them. The Legislature has the authority to enact laws, she clarified.
The court took into account the gravity of the offenses in spite of requests for leniency. Despite being first-time offenders, the prisoners created an environment that endangered drivers and disturbed public order. Although there were no fatalities or significant property damage, Magistrate Jallow said that the size of the convoy could not be disregarded and that the likelihood of disaster was quite high.
She admitted that one mitigating element was the inmates’ early guilty pleas, which saved the court time and money. She emphasized, nevertheless, that punishment must also act as a deterrent to prevent others from engaging in the same careless behavior. Criminal justice serves the dual purposes of rehabilitation and deterrence in addition to punishment. The protection of public safety and leniency must be balanced by the court, she stated.
The magistrate further emphasized that the prisoners should have used more discretion because they are all young males in their twenties. They showed a lack of concern for the law and other people’s safety by choosing to engage in risky stunt driving.
Because of their ages, Magistrate Jallow’s sentencing judgment mandated that the first and second inmates, Momodou Martin Sanyang and Serigne Mass Gaye, complete their jail terms at Jeshwang Prison.
