From allAfrica

The state prosecution led by M. Jobe informed the Banjul Magistrates’ Court, presided over by Principal Magistrate Hilary Abeke, that they (state) filed an amended charged dated December 31st, 2013 and filed on the January 2nd, 2014, against Ismail Hayek, a business tycoon.

State prosecutor Jobe added; “We humbly wished to file to amended charge to the subsisting charged dated November 7th, 2013, file on the same date.

State prosecutor then cited that the move was in pursuance to Section 169 of the Criminal Procedure Code (CPC), particularly CU of 169 Paragraph B of Section 169 of the CPC. He stated that the charged dated 7th November 2013 and file on the same date, is defective in the material as envisaged by Section 169 (B) of the CPC.

State Prosecutor Jobe further disclosed that it is quite in line with the law that an amendment to a charged can be done anytime in proceedings before judgment. The state prosecutor further referred the court to the case of Oke Chime Vs IGP (1956) FSC 73 at Page 75.

In his ruling, the presiding Magistrate granted the application made by the prosecution without any objection raised by defense lawyers, L.S Camara and E. Singhateh.

it could be recalled that the accused- Ismail Hayek, is charged with a single-count of making false declaration, contrary to Section 15 (a) of the Registration of Aliens Act Cap 16 Volume 4 Revised Laws of The Gambia 2009.

Written by Lama S. Jallow/ Read more at allAfrica