The magistrate's court in Kuntaur on Thursday denied a prosecution request to release cash recovered in an alleged armed robbery. The court’s decision came after the cash was reportedly recovered following the arrest of suspects linked to the incident. Presiding over the proceedings, the Magistrate stated, "The application is denied," indicating the court's rejection of the request. This ruling ensures that the recovered funds will remain under judicial custody for the time being. The Magistrate further ordered, "They are to be brought before this court on the next adjournment date to show cause why the bail bond should not be forfeited," signaling potential repercussions for involved parties regarding their bail conditions.
Prosecution's Plea for Release
Police prosecutor Sergeant Baldeh urged the court to allow the recovered funds to be returned to the complainant. Sergeant Baldeh argued, "My Lord, the owner is a businessman and his business is entirely relying on that money. Releasing it will enable him to continue his business operations while the case proceeds." The complainant, identified as a businessman, had emphasized the critical role of these funds for his ongoing operations. The presiding Magistrate, however, dismissed this request without elaborating on the reasons in open court. Sergeant Baldeh then pressed for the application to be formally recorded, to which the Magistrate directed that both the submission and the ruling be entered into the case file. Under Gambian criminal procedure, courts typically retain exhibits tied to active cases until a final judgment is delivered, unless exceptional circumstances justify their release. The accused remain in custody.
Trial Adjournment and Exhibit Status
The money must remain in court custody until the case is concluded, according to the court's established procedure. The recovered cash is currently being held as an exhibit while the legal proceedings continue. The Kuntaur Magistrate's Court confirmed this position, emphasizing that exhibits related to ongoing cases are generally retained until a final judgment is delivered. The ongoing trial has been adjourned, with the next court date set for 14 May 2026. This adjournment will allow for the continuation of the trial proceedings, during which time the exhibit cash will remain under the court's safekeeping. The court's decision shows the standard practice of maintaining the integrity of evidence throughout the judicial process.
Bench Warrants Issued for Accused
In a separate but related development, the magistrate’s court in Kuntaur has issued bench warrants for Dawda Bah and Seedy Bah, two accused persons facing charges relating to alleged cattle theft. Police prosecutor Sergeant Baldeh applied for the warrants after the pair failed to appear for three consecutive hearings, stating they had repeatedly failed to honour their bail conditions. Sergeant Baldeh informed the court that the accused persons, Dawda Bah and Seedy Bah, had been granted bail previously. "Since they were granted bail, the accused persons have not appeared before this court," Sergeant Baldeh told the court. "Their sureties have also never appeared to explain their absence." Presiding magistrate Thomas confirmed with the prosecution that the accused had been properly informed of the hearing dates before granting the request. The prosecution confirmed that all necessary notifications had been delivered to the accused. Magistrate Thomas granted the request and ordered the immediate arrest and detention of both men. "They are to be brought before this court on the next adjournment date to show cause why the bail bond should not be forfeited," the magistrate stated. The case has been adjourned to a date yet to be announced, pending the execution of the bench warrants.