The criminal trial involving rapper Killa Ace and 36 youths has been transferred to the Special Criminal Division of the High Court in Banjul.

The presiding magistrate Elizabeth Dunn has recused herself from the case and referred the matter to the High Court.

The 37 youths are facing eight counts of felony charges including unlawful assembly and arson following their alleged involvement in the July 24 rioting in the Greater Banjul Area.

Twenty-three of the accused persons were arraigned before Magistrate Elizabeth Dunn on Tuesday. Fourteen of the other accused persons were absent after escaping from custody at last week hearing.

In her ruling on Tuesday, Magistrate Elizabeth Dunn said: “the accused persons shall be in custody pending the hearing of the matter before the High Court and also they shall have access to medical care.

“The court shall recused itself from this matter and refer it to the Special Criminal Division at the High Court in Banjul.”

The presiding magistrate said it is unnecessary to continue on the application for the matter to be transferred and that the reply on points of law by the defence.

She cited section 208 A and section 99 (1) of the Criminal Procedure Code “which provides that capital offences are unbailable”.

She said there is no dispute on the issue of jurisdiction of the court to hear the charge of arson and related offences which requires a Special Criminal Division of the High Court to deal with cases related to capital offences.

Prosecutor M.D. Mballow told the court that on the August 14 court sitting that 14 accused persons out of the 37 escaped from lawful custody, adding that this was due to tension both within and outside the court premises.

He said that the police have arrested 7 of the accused who had escaped custody, adding that “we have opened a case file for them.”

Reporting by Adama Makasuba