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toubab1020
12311 Posts |
 Posted - 14 Feb 2011 : 11:50:16
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This from The D.O. quite interesting,the following points come to mind,
Can the defendants meet the conditions?
Can the defendants find a surety to stand for them in that amount?
Why was the prosecution "vehemently objected to the granting of bail " ?
In any event it will be interesting to see if bail conditions can be meet and the defendants released from prison.
Is there a change in the Gambian Justice system?
http://observer.gm/africa/gambia/article/drug-traffickers-granted-bail
‘Drug traffickers’ granted bail
Africa » Gambia
Monday, February 14, 2011
Justice Emmanuel A Amadi of the High Court in Banjul, last Friday, 11th of February 2011 granted bail to three suspects: Mansa Bah, Buba Bah and Omar Camara, who were arrested by the National Drug Enforcement Agency in connection to the offences of drug trafficking.
Justice Amadi’s ruling came following the application for bail filed on behalf of the trio by lawyer SM Tambedou before the High Court. The state represented by DDPP SH Barkun had vehemently objected to the granting of bail to the applicants, on grounds that the investigation into the alleged offence was ongoing; that the said offence now carries a death penalty; that the applicants may jeopardise the prosecution case, that there is a likelihood of the applicants interfering with the investigations and the possibility of the applicants absconding the jurisdictions and not coming to court.
Tambedou in his submission argued that the applicants were arrested and wrongfully detained since the 3rd of January 2011 and subjected to torture. SM Tambedou referred the court to section 19, subsections 1 and 3 and section 21 of the 1997 constitution of The Gambia, noting that the applicants’ rights have been clearly violated by the NDEA by their continued detention without pressing a charge against them.
SM Tambedou disclosed that the charge filed by the state was calculated to mislead the court, noting that the charge sheet is dated 30th of February 2011; “a date that never existed and will never exist in law,” he stated.
SM Tambedou urged the court to presume that the charge was filed because of the bail application, adding that the charge was an afterthought by those who prepared it. The applicants’ counsel therefore urged the court to ignore the charge sheet and release the applicants on such reasonable terms as the court deems necessary.
Delivering his ruling, Justice Emmanuel Amadi pointed out that there was irregularity in the charge sheet, dated 30th of February 2011, and that such date never exists in any calendar.
Justice Amadi disclosed that the facts deposed to in the applicants’ affidavit, indicated that they were arrested and detained since the 3rd of January 2011 and they have not been charged and therefore finds the information on the charge sheet erroneous and would be disregarded.
Justice Amadi declared that bail is not denied to punish an accused person but to secure the attendance of an accused. Each of the applicants were granted bail in the sum of D500, 000 with a Gambian surety in like sum, who must have a landed property in the Greater Banjul Area. Each of the surety must deposit their title deeds with the Office of the Sherrif of the High Court.
Justice Emmanuel Amadi further ordered that each of the applicants also deposit their national ID cards and their international passports with the Office of the Sherrif of the High Court.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 14 Feb 2011 11:53:43 |
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