Principal Magistrate Mam Samba Jallow of the Brusubi Magistrates' Court has sentenced an accused person, Ismaila Cham, to one month in prison after he left the court without completing the conditions attached to his bail. Cham, who is facing a charge of obtaining money by false pretences, was questioned by the court after it emerged that he had gone home despite not having fulfilled the bail requirements.
The Magistrate asked Cham how he managed to leave the court premises without completing the conditions of his bail. Two registry officers of the Brusubi Magistrates' Court were also questioned about how Cham was able to leave without completing the bail bond requirements. The registry officers told the court that Cham had provided only one surety. They said they informed him that the bail conditions required two sureties. Both officers denied releasing Cham from custody.
The circumstances surrounding Cham's departure prompted the Magistrate to question the prosecution about how the accused had been allowed to leave before completing his bail conditions.
"Under normal circumstances, the accused is in custody, and it is your fault as the police for releasing the accused," the Magistrate said.
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She reminded the prosecution that the police were responsible for ensuring that an accused person remained properly secured while in custody until the conditions for release had been fulfilled.
The Magistrate also warned Cham that he was required to tell the truth to the court and that he could be returned to Mile Two Prison if he failed to do so.
"I am asking you, who told you to go home?" the Magistrate asked.
Cham told the court that he had gone home on his own accord and without permission from ASP Sawaneh or any court official.
ASP Sawaneh also told the court that he had not released Cham and that the accused had gone home without his authorisation.
"We are human beings. Some accused persons will run from the court. I have been serving the police for 17 years," ASP Sawaneh told the court.
The Magistrate then asked ASP Sawaneh whether Cham had left while under police supervision. The prosecution officer acknowledged that Cham had left while under their watch and accepted responsibility for the lapse.
Cham subsequently explained that he had gone home to look for a surety who could stand for him. He said that when he returned to court, he found that the court had already closed. The Magistrate reminded him that even if the court had closed, the police station remained operational. The court stressed that bail conditions must be complied with and noted that Cham had left custody without the knowledge or permission of the police officer responsible for him.
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The Magistrate consequently sentenced Cham to one month in prison. The court ordered that his substantive case would continue after he completes the one-month sentence. The matter was adjourned to Monday, 21 September 2026, for continuation.
