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Momodou
Denmark
11737 Posts |
 Posted - 27 Jun 2007 : 23:06:25
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DAVID COLLEY’S CRIMINAL CASE
By Abdou Jeli Keita
The criminal case involving David Colley, the former Director General of Prisons, was called yesterday at the Banjul Magistrates Court, presided over by B.Y Camara, but the accused was not present in court.
The Police Prosecutor, Inspector Touray, told the court that the accused is at the remand wing of the State Central Prison. He said the investigation into David’s case is yet to be completed.
He said the police have set up an investigating team comprising of the sister forces. He said any time they are finished with their investigation, the accused will be brought before the court.
The counsel for the accused, Lawyer Antouman Gaye said when the accused was arraigned before the court, he was put under the care of the court and the court remanded him in prison under the application of the prosecuting team, so if the court make an order for the accused to be brought before the court, that order should be respected. Defence counsel Gaye added that the case cannot proceed because the accused is not present and reminded the court that the case is a criminal case, noting the accused should be present to enable the case to proceed.
At this juncture, Gaye asked why the accused is not arraign in court, the police prosecutor Inspector Touray, said, while he was coming to the court, he was told that the accused is still at Mill II Prison and he had no idea, whether the investigating team is ready with the accused (David Colley).
The defence counsel insisted that the accused should be brought to court. At this stage, the court had a recess for the accused to be brought to court.
After the recess, prosecutor Touray, said they made all efforts to bring the accused to court, but they realised that he left with the investigating team to recover a stolen generator which is connected with this case. The defence counsel, at this point told the presiding Magistrate B.Y Camara, that the accused is legally under the custody of the court and nobody, no matter what, has right to take him out without the court’s permission.
The defence counsel, Antouman Gaye, applied that the charges against the accused be struck out, since the offence in question is felony. The case, he said, cannot proceed in the absence of the accused.
The presiding Magistrate B.Y Camara then adjourned the matter to 28 June, on the grounds that, the accused will be brought to the court and the IGP and AG Kebba Sanyang must be notified.
The accused, David Colley is standing trial for allegedly stealing D27, 000.00 and a Generator valued D35, 000.00, a property of The Gambia Prisons Department.
Source: Foroyaa Newspaper Burning Issue
Issue No. 74/2007, 27-28 June 2007
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Momodou
Denmark
11737 Posts |
Posted - 30 Jun 2007 : 22:45:25
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DAVID COLLEY IN THE DOCK
By Abdou Jeli Keita
The criminal case involving David Colley, the former director general of Prisons, and the state, was called yesterday at the Banjul Magistrates’ Court, presided over by Magistrate B.Y. Camara, but this time around, the accused was present in court.
The police prosecutor; Inspector Touray told the court that he is still opposed to the application for bail made by the accused.
According to him, the police and the sister forces are still investigating the alleged criminal activities of the accused.
He said he is applying for an adjournment to enable him call witnesses who are out of the jurisdiction.
Defence counsel, Antouman Gaye objected to the application for an adjournment. He urged the court to grant bail to the accused person. He said the accused is charged on two counts. He said the accused is charged with stealing D27, 000.00 and a generator valued at D35,000.00. Gaye further told the court that the accused pleaded not guilty before the court. He said the accused had informed him that he has a good defence. Gaye added that the case does not involve a million dalasi, noting it is a relatively minor amount. He said the offence in question is bailable. He said until recently, the accused held a very senior and responsible position.
Gaye said the only reason given by the prosecution for opposing bail is that investigations are still going on. He said the fact that the accused is charged and brought before the court pre-supposed that the investigation is completed.
He said the prosecutor has seriously contradicted himself when he said he is applying for an adjournment to call his witnesses, meaning that the prosecutor is ready to go ahead with the case.
The defence counsel at this stage adduced reasons on why the accused should be granted bail.
He said the 1997 Constitution of the Gambia guarantees the accused bail.
He said the accused will appear in court to stand trial if he is granted bail. He said it is clearly spelt out in the 1997 Constitution that an accused is presumed innocent until proven guilty by a court of law. He said the continuous incarceration of the accused will erode his constitutional rights and the public will presume him guilty.
He said the accused has roots in the community and is a parent with four young children.
He said the incarceration of the accused has led to the sending off of his four children home, for not paying their school fees. He said if the accused is granted bail, he will not run away because he is a responsible man and has his properties in New Yundum.
Antouman Gaye finally urged the court to refuse to be used as a dumping ground for police to say “keep him here until he is needed”.
At this stage, the court stood down the case in order to consider if the accused should be granted bail or not.
During the recess there was a push and pull in the honourable court between prosecution and the defence counsel over whether the accused should stay in court during this recess or be taken back to custody at the police.
The defence counsel (Antouman Gaye) argued that the accused is under the jurisdiction of the court, so the police have no right to take him.
The prosecutor argued that the accused should be taken away for security reasons, and at the end, the prosecution team took the accused away.
After the recess, the presiding Magistrate, B.Y. Camara said the case is very important and it involves a very important personality. He added that this country is governed by a constitution (very supreme) and everybody, no matter big or small, is under that constitution and section 19 (1) of the constitution provides for the protection of right to personal liberty.
“Every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as established by law,” the magistrate remarked.
He said the accused is entitle to his rights as provided for by the 1997 Constitution and those rights, he said must be exercised judiciously.
He added that the police must be given time to complete their investigation. He said the accused cannot be granted bail for now. He said the Inspector General of Police is given one more week to complete the investigation.
The case is adjourned till 5 July.
Source: Foroyaa Newspaper Burning Issue
Issue No. 75/2007, 29 June – 1 July 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11737 Posts |
Posted - 06 Jul 2007 : 21:48:22
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DAVID COLLEY GRANTED BAIL AND REARRESTED
By Abdou Jeli Keita
The former Director General of the Prisons Services Mr. David Colley was on Thursday 5 July granted bail by Magistrate B.Y. Camara of the Banjul Magistrates’ Court, but he was arrested immediately as he left the court house.
The prosecution witness Arness Ross Klu who is also the Acting Director General of the prison department, testified at the trial.
She said that being the Deputy Director General of prison, she was called upon by the accused (David Colley) in his office at Mile 2 Prison and told by Colley that he needed her help; that she asked what he needed from her; that he (David Colley) said he needed a generator because he wanted to get married in October 2004.
She said, David Colley asked her to borrow him the generator donated to the tailoring workshop of the Juvenile Wing, Jeshwang; that on September 22, 2004 the accused sent the Chief Officer and the driver to collect the generator from her. She said the arrival of Haruna Jobe, chief Officer and driver Famara Sanneh was booked at the Adult wing and that they proceeded to the Juvenile wing where the brand new generator was handed over to them.
Police Prosecutor, Inspector Touray, at the Juvenile Wing tendered the diary in which the arrival of those sent to collect the generator were booked for identification.
The prison’s Acting Director General who is also prosecution witness one (PW1), further told the court that six months after the generator was given to David Colley, she called to ask him to return what he borrowed; but that Colley’s promises to return it was all in vain.
Acting DG Rose Klu said she kept on calling Colley but nothing was done; that she had audience with the then SoS for Interior (Baboucarr Jatta) and told him about the generator, but nothing was done; that when she took over as the Acting Director General of Prison, she paid a courtesy call on the present Interior SoS (Ousman Sonko) and told him about the generator, but nothing again was done. She added that she informed SoS Ousman Sonko that she was about to leave the job and need to hand over the generator to whoever would succeed her.
She said that one day, the CID brought a scrap and ask if that is the same generator she borrowed to David Colley. She answered; “I cannot recognise the generator, because I gave a brand new generator to the accused (David Colley).”
Prosecutor Touray, at this juncture applied for an adjournment and said he is still opposed to bail being granted to the accused. He said the accused should not be granted bail because he still has cases pending at the police and that investigation is still on going. The prosecutor expressed his fear that if the accused (David Colley) is granted bail, he may interfere with the ongoing investigation by the police and the sister forces.
The defence counsel, Antouman Gaye, at this stage said he need not remind the honourable court that it has agreed that the accused has rights to be granted bail. He added that, in law when you talk about pending cases, you are concerned about those pending in the court; that court can only deal with the charges before it, but not with those at the police station. He argued that, the prosecution did not advance good reasons as to why the court should not grant the accused bail.
The presiding Magistrate B.Y. Camara in delivering his ruling on whether the accused (David Colley) should be granted bail or not indicated that the prosecution has been given ample time to carry out its investigation.
He then proceeded to grant bail to the accused (David Colley) in the sum of D100,000 with two Gambian sureties with landed properties. The trial is set to continue on the 19 July 2007. Though the accused (David Colley) was granted bail, but as he was coming out of the court house the police re-arrested him. He was seen being taken to the police station and the police later whisked him away in a blue and white four wheel drive (police vehicle).
Source: Foroyaa Newspaper Burning Issue
Issue No. 78/2007, 6 – 8 July 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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