Gambiaj.com – (Banjul, the Gambia)- Her Worship Magistrate Isatou Jallow of the Brusubi Magistrate Court has on Wednesday sentenced five (5) boys who are said to be members of car drifters called (Outlawz) to three (3) years in prison with hard labour.
Magistrate Jallow also fined the “Outlawz” members a cash amount in addition to spending 3 years at the Mile 2 Central Prison.
These five boys convicted and sentenced are: Momodou Martin Sanyang (1st convict), Serigne Mass Gaye (2nd convict), Muhammad Bah (3rd convict), Ismaila Faal (4th convict), and Samba Ceesay (5th convict).
Momodou Martin Sanyang is convicted on Count 1: Reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
This offence is Punishable with a fine not less than five thousand dalasis and not more than twenty-five thousand dalasis or in default of payment of the fine to a term of five years imprisonment or to both the fine and imprisonment.
Serigne Mass Gaye is convicted on Count 2: unlicensed driving contrary to section 36 of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
This is Punishable with a fine not less than five hundred dalasis and not more than one thousand dalasis or in default of payment of the fine to a term of one year imprisonment or both the fine and imprisonment.
Serigne Mass Gaye is also convicted on Count 3: Reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
Like count 1, this count is also Punishable with a fine not less than five thousand dalasis and not more than twenty-five thousand dalasis or in default of payment of the fine to a term of five years imprisonment or both the fine and imprisonment.
Muhammad Bah, is convicted on Count 4: Unauthorised use of tinted glass contrary to section 25 C of the Motor Traffic Amendment Act 2013.
It is also Punishable with a fine not less than ten thousand dalasis and not more than twenty thousand dalasis and in default of payment of the fine to a term of two years imprisonment with hard labour.
Muhammed Bah is also convicted on Count 5: Reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
This is also Punishable with a fine not less than five thousand dalasis and not more than twenty-five thousand dalasis or in default of payment of the fine to a term of five years imprisonment or both the fine and imprisonment.
Ismaila Faal, is convicted on Count 6: Reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
This offence is Punishable with a fine not less than five thousand dalasis and not more than twenty-five thousand dalasis or in default of payment of the fine to a term of five years imprisonment or to both the fine and imprisonment.
Ismaila Faal is also convicted on Count 7: Unauthorised use of tinted glass contrary to section 25 C of the Motor Traffic Amendment Act 2013.
It is Punishable with a fine not less than ten thousand dalasis and not more than twenty thousand dalasis and in default of payment of the fine to a term of two years imprisonment with hard labour.
Meanwhile, Samba Ceesay, is convicted on Count 8: Reckless and dangerous driving contrary to Section 49(1) of the Motor Traffic Act Cap 70:03 Vol. 10 Revised Laws of The Gambia 2009.
This offence is Punishable with a fine not less than five thousand dalasis and not more than twenty-five thousand dalasis or in default of payment of the fine to a term of five years imprisonment or to both the fine and imprisonment.
In accordance with the Motor Traffic Act, the offence for which the convicts are charged with attracts an option of a fine and or to both fine and imprisonment, except for the offence of unauthorised use of tinted glass under 5.25 C Motor Traffic Amendment Act 2025, which attract fine and only in default of payment of a fine can the Court impose a custodial sentence.
Generally, the Courts are the last beacon of hope for the public, and where this trust is broken, it may result in a state of lawlessness. However, the functions of the courts under the cur view of the judiciary are clearly spelt out in the principles of separation of powers.
Making laws is for the Legislature/ National Assembly and not the courts. The only role the courts play apart from upholding justice is to interpret the laws.
Therefore, the courts can only pass sentences as provided in the law and not outside of it.
While delivering her sentencing, Magistrate Jallow said the courts cannot give a mandatory imprisonment where the offence for which the convict is charged only provides for an option of a fine in default for imprisonment.
“I have considered the convicts’ plea for leniency, noting that they are first-time offenders. Their prompt admission of guilt at the first reasonable opportunity is also acknowledged, as it demonstrates a willingness to take responsibility for their actions and has spared the court’s time and resources,” Magistrate Jallow noted.
Magistrate Jallow averted her mind to the fact that the purpose of criminal justice is not only to punish, but also to deter and rehabilitate the convicts, while restoring sanctity in the public. Saying “this Court shall not relent on this duty.”
Magistrate Jallow however said the introduction of stunt driving (drifting) into the communities poses huge risks to both lives and properties.
“Whether the said act occurs on public roads, feeder roads or within the community including schools poses risk for the destruction of life and property,” she said.
It is Magistrate Jallow’s assertion that the gravity of such an offence cannot be overlooked. She said the volume of vehicles and people involved, and the way the convicts were driving the vehicles, plus the reaction of the people of Jabang, and the public cannot be overlooked by the Courts.
In addition, Magistrate Jallow said the facts of the case revealed that the convicts were part of a large convoy of vehicles that were stunt driving (drifting) in Jangang, and in doing so the whole traffic was at a standstill.
“This resulted in a very chaotic scene, leading to the destruction of some vehicles. I have also averted my mind to the fact that there was no loss of life and property, however, does that mean the convicts should not be punished for their actions?
Magistrate Jallow agreed with defence counsel that the convicts are young, as they are in their twenties. She also agreed with the defence counsel that the actions of the convicts warrant punishment.
Magistrate Jallow said loss of life and property may not be a benchmark, in all cases of this nature, rather the Courts examine the actions of the convicts and the circumstances of the case, coupled with the facts.
“And actions come with responsibilities,” she said. Magistrate Jallow further stated that the convicts are adults and as such able to make decisions which they should be held accountable for.
“I find and hold, this warrants a strong response to deter others from attempting to commit such an offence,” Magistrate Jallow said.
As stated earlier, Magistrate Jallow said she considered the convicts’ plea of guilty at first instance and they were first-time offenders. She accordingly, sentenced the convicts to the following: In Count One, the convict Momodou Martin Sanyang shall pay a fine of D25,000.00 in addition to serving 3 years imprisonment with hard labour.
In Count 2, the Convict Serigne Mass Gaye shall pay a fine of D1,000.00 in addition to serving 3 months imprisonment with hard labour.
In Count 3, the convict Serigne Mass Gaye shall pay a fine of D25,000.00 in addition to serving 3 years imprisonment with hard labour.
In Count 4, the Convict Muhammed Bah shall pay a fine of D20,000.00 in default to serve two years imprisonment with hard labour
In Count 5, the convict Muhammed Bah shall pay a fine of D25,000.00 in addition to serving 3 years imprisonment with hard labour
In Count 6, the convict Ismaila Faal, shall pay a fine of D25,000.00 in addition to serving 3 years imprisonment with hard labour
In Count 7, the convict Ismaila Faal shall pay a fine of D20,000.00 in default to serve two years imprisonment with hard labour
In Count 8, the convict Samba Ceesay shall pay a fine of D25,000.00 in addition to serving 3 years imprisonment with hard labour.
“The convicts are reminded of their right to appeal,” Magistrate Jallow said.
Considering the age of the 1st convict (Momodou Martin Sanyang), and the 2nd convict Serigne Mass Gaye, Magistrate Jallow ordered that they be admitted to the Jeswang Prison.
