By Louis Jobe
Farato land dealer Alagie Jobe, who was arrested barely two weeks ago after youths of the aforesaid area chased personnel of the Police Intervention Unit, was on Thursday denied bail by a Magistrate’s Court in Brikama.
Her Worship P Sowe ruled: “He is hereby denied bail; he shall be remanded pending the conclusion of investigation in this matter.”
“However, the prosecution is given a period of 4 weeks to complete their findings or investigation, since the investigation cannot be indefinite.
In a decided case it was held that bail should not be withheld as a form of punishment.”
Sowe said she heard the application for bail made by counsel on behalf of the accused person and that she equally heard the application to refuse bail.
She added: “May I state that as per Section 99 of the CPC, bail is at the sole discretion of the court which discretion ought to be excised judicially and judiciously.”
“Section 99 CPC has not specifically provided guidelines for the grant or refusal of the bail. However, a multitude for case laws in and outside the jurisdiction has provided the conditions for grant or refusal of bail.”
According to her, among these conditions has already been highlighted by both counsel and the prosecution. The prosecution’s objective is solely on grounds that investigations are still pending, she said.
She added: “However in as much as pending investigation is a ground for refusal of bail. Let me hasten to add that the condition of the victim is not a ground for the denial of bail. As counsel rightly stated, it is the gravity of the offence and the severe nature of the punishment that is taken into consideration.”
She went on to say that from a thorough evaluation of the submissions before the court and given the position of the accused in the society, there is reason to believe that he may interfere with the investigations.
Meanwhile the matter was adjourned to Monday 15th June 2020 at 11:30 am for a continuation of hearing.
