By Arret Jatta
Kanimang Bajo of Ejabah Travel & Tours, has been freed after prosecutors withdrew charges against him at the Kanifing Magistrates’ Court.
Bajo is accused of taking money from people who paid for hajj travel services through his company.
Magistrate A Manneh ordered his immediate release after granting the prosecution’s application to withdraw the charges under Section 78(1) of the Criminal Procedure Act.
The court ruled that Bajo could not remain in custody without another lawful basis for his continued detention.
Magistrate Manneh said the prosecution had presented a legitimate basis for withdrawing the case. She also found no evidence that the application was made in bad faith or intended to oppress or unfairly prejudice the accused.
The court noted that investigations into the matter remain ongoing. It also said questions had arisen over the proper territorial jurisdiction of the case.
The court stressed that Bajo’s discharge does not amount to an acquittal.
Magistrate Manneh said the withdrawal does not prevent future proceedings against Bajo based on the same facts.
The court therefore ordered his immediate release, unless he is otherwise lawfully detained.
Commissioner of Prosecution Abdoulie Sanneh later told victims that the case was withdrawn from Kanifing because it would be transferred to the Banjul Magistrates’ Court.
According to Sanneh, Banjul is the proper jurisdiction because that is where the alleged fraud took place.
He urged all victims to submit receipts issued to them by Bajo to the Fraud Squad in Banjul.
Sanneh said the receipts would help investigators fast track the case.
He also disclosed that Gambia Police Force investigators had travelled to Guinea-Bissau, to gather further facts about the matter.
The case is now expected to proceed under the jurisdiction of the Banjul Magistrates’ Court as investigations continue.