Magistrate Pa Harry Jammeh of the Kanifing Magistrates Court, on Tuesday, April 10th ruled that his court has the jurisdiction to try five Senegalese customs officials accused of possessing and importation of firearms in to the Gambia.
Magistrate Jammeh's ruling came following an application made by the defence counsel, Antouman Gaye that the court lacks the jurisdiction to hear the case. Subsequently, Mr. Gaye's claim was objected to by the prosecutor, N.B Jones-Nebo last week.
The Magistrate in his ruling said that the defence exhibit, a letter from the Senegalese High Commissioner to the Gambia which shows that the boat in which the accused persons were arrested is not sufficient to prove the defence argument.
He therefore said that the matter should proceed accordingly and hence forth it will be heard by his court daily. The court now took off from where it stopped before the application of the defence.
Cross Examination
In a cross examination after the ruling, one officer Omar, Fabureh of the Gambia Navy said he had been working in the GPV, Sulayman Junkung Vessel, which apprehended the accused persons. Fabureh added that they use the vessel for patrol and have three navigators and some trainees at the navy.
Responding to the defence whether he knows an Island dividing the Gambia and Senegal the navy officer said he knows Jinack Island.
He identified the boundary of the Gambia and Senegal in a map shown to him in court. He denied that the entry on their log book was made after the arrest of the accused persons.
He told the court that the reason why they did not obtain permission during the arrest of the suspects was that they were in the Gambian territorial waters.
The trial continues today, April 11, at the Kanifing Magistrates Court.