By Yankuba Jallow
Justice Ebrima Jaiteh of the Banjul High Court has granted bail to five people who are charged with possession of drug for the purposes of trafficking.
These people are facing prosecution before the Brikama Magistrate’s Court, but have been held under detention for over a year.
They were Muhammad Sanneh, Alagie Barry, Ismaila Darboe, Ousman Saidy and Morr Njie.
The bail application emanated from an originating summons dated the 18th August 2020 by Lawyer A.K. Ceesay of the National Agency for Legal Aid supported by an 11-paragraph affidavit in support of the bail application.
The offence attracts ten years imprisonment and a fine of one million dalasis. These accused persons were remanded by the Brikama Magistrate’s Court.
The State, who are the respondents in this case, haven’t filed an affidavit in opposition to the bail application. Lawyer Patrick Gomez said: “We are not opposing the bail application and we urge the court to exercise its discretion judicially and judiciously and grant these accused persons bail.”
In granting bail to the defendants, Justice Jaiteh said the accused persons are faced with a bailable offence and thus, he will grant them bail. He said section 99 (1) of the Criminal Procedure Code gives the court the power to grant bail to the accused persons.
The bail conditions were one million dalasis with a Gambian surety who must be a titleholder of a landed property valued at one million dalasis. The surety is required to deposit the title deed of his or her lease or freehold property to the Registrar of the Court as well as present a valuation report of the property.
The Judge gave a directive that the case should be afforded speedy trial.
