Babucarr Jarju yesterday, April 10, 2018, appeared before the vacation Judge
Ebrima Jaiteh at the High Court in Banjul seeking for bail.
The applicant is standing trial on a single count of possession of prohibited drugs for the purpose of trafficking contrary to Section 43 (4) (e) of the Drug Control Act 2003.
The particulars of offence stated that the accused on the 24th of October, 2017, at Manduar Cashew farm in the West Coast Region, allegedly had in his possession 43 bundles of cannabis sativa weighing 36 kg, 480 grams without valid license.
In moving the motion yesterday, the applicant’s lawyer, Dauda A. Jallow informed the court that the applicant’s filed an originating summons dated and filed on the 22nd of January, 2017.
Lawyer Jallow further informed the court that the summons is supported by a 24 paragraph affidavit deposed to by one Sarjo Jarju (the father of the applicant) of Manduar village.
Lawyer Jallow disclosed that the application seeks an order to be released unconditionally or be admitted to bail on such terms as the court considers just, proper and reasonable.
The counsel said the applicant is standing trial before Brikama Magistrates’ Court where he was arraigned and remanded.
The applicant’s counsel further said the accused is a responsible Gambian who was until his arrest a serving member of the Gambia Armed Forces and happily married with four children.
The counsel submitted that the accused in paragraph 18 deposed that if granted bail he will not commit any similar offence and that he has willing and able Gambians to stand for him as surety.
Lawyer Jallow intimated that the accused has employed the services of Kanisala Law Chambers to defend him in the trial at the subordinate court which is in progress.
The lawyer, however, urged the court to exercise its discretion favourably towards the accused since bail is the discretion of the court, citing Section 19 of the constitution and Section 99 of the Criminal Procedure Code.
In reply, State Counsel E.R. Dougan disclosed that the State was not objecting to the bail applications, adding that bail is at the discretion of the court.
State Counsel Dougan drew the attention of the court to the section the accused person/applicant is charged and the punishment.
Meanwhile, Presiding Judge Ebrima Jaiteh adjourned the matter for ruling today.