After spending three nights in detention in various police stations and numerous days reporting on police bail, Sheikh Muhideen Hydara and Buyeh Touray, the Caliph General and the Alkalo respectively of Darsilameh Sangajor, have finally appeared at the Brikama Magistrates’ court on Monday, 12th August, 2014 and charged with two counts of misdemeanor and disobedience to lawful order.
Arraigned before Principal Magistrate Dayoh M. Small Dago, the elderly person pleaded not guilty to the charges preferred against them.
When the matter was called, Chief Inspector Lamin Touray appeared for the state, whilst Lawyer Lamin K. Mboge represented the two accused persons.
The charges were read out by the court clerk and translated in the Mandinka language for the benefit of the two accused persons.
The clerk said the statement of offence for Count One is that they are charged with conspiracy to commit misdemeanor, contrary to Section 368 of Criminal Code Cap 10:01 Vol3 laws of the Gambia, Revised Edition 2009.
He said the particulars of offence for the said count is that Muhideen Hydara and Buyeh Touray, on the 29th day of July 2014, between 10am and 11am at Darsilameh Sangajor, in Foni Kansala, West Coast Region in the republic of the Gambia, did jointly conspire to commit an offence.
Both the first and the second accused persons pleaded not guilty as charged on the said count.
The statement of offence on count two stated that the two are charged with disobedience to a lawful order contrary to Section 116 of the Criminal Code, Cap 10:01 Vol3 Revised Laws of the Gambia 2009.
The particulars of offence on count two stated that the same people at the same place and time jointly disobeyed a lawful order of the President of the Gambia by refusing to perform Eid el Fitr prayers on the 28th July, 2014 as announced by GRTS and the accused persons performed the Eid el Fitr on the 29th July, 2014 thereby committed an offence.
Again both accused persons pleaded not guilty to the said count.
At this juncture, Prosecutor Touray applied for an adjournment to enable him to invite witnesses. He added that he is not also opposing to bail for the two accused persons.
The application was granted by the court.
Lawyer Mboge, the defence counsel, also applied to have the witness statements from the prosecution.
His application was also granted.
The trial magistrate granted them bail in the sum of Fifty Thousand Dalasi (D50, 000. 00) each and ordered them to produce two sureties each. He asked both accused persons to submit all their travelling documents to the police.
The matter was adjourned to Monday, 18th August, 2014 for the commencement of the trial.