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As prosecution plans to file more charges against Bun Sanneh, Co.
Thursday, 06 May 2010 09:22
Court turns down defense council’s motion for bailBy Baboucarr Ceesay
The Director of Public Prosecution (DPP), Richard Chenge, last Tuesday 4th May, informed the presiding judge, Justice Emmanuel Amadi of the High Court in Banjul, about the prosecution’s intention to file more charges against the Ex-Director of the National Drug Enforcement Agency (NDEA), Ib
rahim Bun Sanneh, and three other accused: Karamo Bojang, Ousman Sanneh and Marie Sanneh. All four are charged with twelve counts of criminal offences ranging from conspiracy to commit felony, theft, aiding and abetting theft, to unlawful possession of firearms, contrary to the Laws of The Gambia, 1990.
DPP Chenge applied for the withdrawal of the name of the fifth accused, Alieu Samba, whom he intends to use as a witness against the rest of the accused. He also applied for an adjournment to enable him get a supplementary evidence to consolidate the charges against the accused.
Counsel for the first, second and third accused, Lawyer Kebba Sanyang, and Lawyer Pap Ccheyasin Secka, counsel for the fourth accused, both applied to move a motion for a bail filed on behalf of the accused persons.
Lawyer Sanyang objected to the application for an adjournment without hearing the motion for an application for bail on behalf of the accused persons by the defense. He argued that an application for bail can be moved orally without the necessity for filing briefs. He submitted that Chenge’s application for an adjournment in order to respond to the motion filed by the defense for a bail on behalf of the accused persons is inconsistent with the protection and rights of the accused persons. He called on the court to hear the application for bail without the prosecution’s response to the documents filed.
“Section 99 of the Criminal Procedure Code Cap. 12:01 provides for a legal presumption of bail being granted, except for a crime punishable by death, and that legal presumption is in line with section 19 of the Constitution,” submitted Lawyer Secka, defense counsel for Marie Sanneh. He argued that it is for the prosecution to rebut the legal presumption in favor of the accused persons.
Secka further told the court that the question of allowing the prosecution to respond to application which ought not to be made does not arise. He added that the court should treat the document before it as a clear and sufficient notice of the accused persons readiness, willingness and ability to fulfill any reasonable conditions that it might impose.
At that juncture, the DPP stood up to argue that if there was fair hearing as provided under Section 24 of the constitution, then the reply from the prosecution on the documents filed by the defense must be received before the court heard the application. He cited Section 99 of the Criminal Procedure Code, saying that that section clearly gives the court jurisdiction to exercise its discretion in granting bail to accused persons and that the discretion of the court was not automatic but circumstantial. The DPP said the defense had filed an affidavit in support of their motion and the prosecution should also be given an opportunity to respond by way of counter-affidavit.
“Bail is at the discretion of the court and therefore the defense must apply and the prosecution must reply before the court can exercise that discretion,” DPP Chenge submitted.
Justice Amadi ruled in favor of the prosecution. He said that in the interest of fair hearing as the motion is on notice that the prosecution be given adequate time to reply to the application made by the defense in the interest of justice.
The case was then adjourned until May 6th 2010.
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Comments
Jammeh really knows how to put his underlings in line! Let's see how he handles these big fish presently on his hook.
Lock them all up Jammeh! Just don't forget to leave room for yourself.
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