By Kemeseng Sanneh (Kexx)
Lawyers Bory S. Touray and Abdoulie Fatty for Momodou Sabally have withdrawn their motion that sought to challenge his prolonged detention.
Lawyer Bory Touray said the motion was overtaken by the event because Sabally has been unconditionally released. Touray said the application was based on the State’s ultimate desire to deprive Sabally of his fundamental right to liberty by misleading the court that Sabally was involved in a treasonous offence.
The presiding judge (Justice Zainab Ngui Mboob) interjected and stated that the court only extended the investigation. Lawyer Borry Touray responded by saying the Attorney General filed an application that Sabally is suspected of committing treason and for that reason asked the court to extend the time to investigate the alleged offence.
“The state has then turned 360 degrees to unconditionally release the accused. This is a clear manifestation of his innocence. So it is a clear manifestation that his alleged involvement in treason is false,” Touray said.
Touray said the applications filed by the Attorney General to prolong the detention of Sabally and the application filed by Sabally’s lawyers seeking to overturn that decision have both been overtaken by events.
The senior lawyer asked the court to discharge its own orders that gave rise to the prolongation of Sabally’s detention. The court granted Lawyer Touray’s application and discharged its own orders.
The court took time to discharge Sabally. The January 5th case was also struck out. It was supposed to be the return day for Sabally.