Banjul Magistrates’ Court transfers case to High Court for lack of jurisdiction. When the case was called before Principal Magistrate M. Krubally, the accused, Ismaila Kone (alias Ous), a Gambian, was brought before the court in connection with the death of Isatou Elizabeth Mendy.
The Inspector General of Police preferred a single charge of murder contrary to Section 155 of the Criminal Offences Act 2025. The particulars alleged that the accused, on the 17th day of August 2026, at Lovell Square Street in the city of Banjul, with malice aforethought, unlawfully caused the death of Isatou Elizabeth Mendy.
After the charge was read over to the accused in English and translated to him in Wolof, Magistrate Krubally asked how he would plead. The accused denied the allegation, entering a plea of not guilty to the charge.
Magistrate Krubally, noting the constitutional presumption of innocence until proven guilty, formally entered the plea of not guilty. Magistrate Krubally accordingly placed upon the prosecution the legal burden of proving the guilt of the accused beyond all reasonable doubt, in line with Section 155 requirements.
After realising the nature of the offence, Magistrate Krubally determined that the Banjul Magistrates’ Court lacks the jurisdiction to proceed with the matter. In exercise of Section 72, subsection 1 of the Criminal Procedure Act 2025, he invoked powers to transfer the case to the High Court Special Criminal Division.
Also, pursuant to Section 72, subsection 2(a) of the Criminal Procedure Act 2025, Magistrate Krubally ordered that the accused be remanded in custody at Mile Two Central Prison. The registrar of Banjul Magistrates’ Court was directed to prepare and transmit the full court record and charge sheet to the registrar of the High Court for the conduct of appropriate proceedings.
