Following his recent arrest, Gambian rapper Killa Ace was charged with three amended offences at the Kanifing Magistrate Court before Magistrate Sainey Joof: assault, breach of peace and willful damage of property.
He pleaded not guilty to the charges and the case was adjourned till 22 November 2018.
Prior to the plea, the case's police prosecutor told the court that the prosecution wants to amend the charges in line with Section 169 of Criminal Procedure Code. But the defence counsel, Patrick Gomez, objected to the application, arguing that the application is incomplete and the plea was done in bad faith.
He argued that paragraph B of Section 169 indicates that there should be a threshold for an amendment, adding that the prosecution failed to establish that the previous charges are defective. He told the court that the charges before the court are not defective.
The police and the government have come under criticism for their alleged treatment of the rapper since he was arrested.
“This is much bigger than Killa Ace alone, because Gambians expected President Barrow, to have made good on his promise to root out such murderers, torturers, and perpetrators, and not elevate some of them, and keep most of them in the service of the nation that has suffered such grievances for 22 years under Jammeh,” said Jeggan Grey-Johnsons, Communications and Advocacy Coordinator of African regional office of the Open Society Foundations.
In his ruling, the trial magistrate said that the prosecution has the right to amend or withdraw any charges before the court. He told the court to read the amended charges to the accused person to take his plea.
The court was visited by people who came to stand in solidarity with the rapper, with some wearing t-shirts with the words ‘# No to Police Brutality’. Some said the rights of the citizen must be respected and the police must protect and not bully the citizens.
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