High Court strikes out Jobarteh, Pa Harry bail application

Thursday, June 27, 2013

The Special Criminal Court presided over by Justice Emmanuel Nkea yesterday struck out the bail application filed by the former Attorney General and Minister of Justice,Lamin Jobarteh, and former solicitor general and legal secretary Pa Harry Jammeh.

The court struck out their bail application on the grounds that the applicants did not show interest in their application.

When the case was called in court, state counsel M. Ababucarr announced his representation for the state, while there was no appearance of the applicants nor their legal representation.

Justice Nkea consequently struck out the application on the grounds that they did not show interest in the application.

Ex-Minister Justice Lamin Jobarteh and Pa Harry Jammeh are currently standing trial at the Banjul Magistrates’ Court, under a 10-count criminal charge, which included conspiracy to defeat justice, abuse of office, official corruption, destroying evidence, and neglect of official duty, charges they had since denied.

On count one, Lamin AMS Jobarteh and Pa Harry Jammeh were charged that in the month of February 2013, they conspired to defeat justice when they jointly forced Joseph Wowo, then acting Chief Justice of The Gambia, to leave the country in a move to drop or suppress criminal charges against Mrs Amie Bensouda and other staff of the judiciary.

On count two, Jobarteh and Pa Harry are accused of jointly forcing Joseph Wowo, then acting Chief Justice of The Gambia, in an arbitrary act prejudicial to his right, to leave the country in a move to drop or suppress criminal charges against Mrs Amie Bensouda and other staff of the judiciary.

On count three, prosecutors accused Lamin Jobarteh of corruptly soliciting and receiving in the year 2012, three heads of cattle from the people of Chedoyel in the Central River Region in return for the cattle track he helped secure for them by virtue of his office.

On count four, Jobarteh face charges that in the year 2012, in abuse of his office as minister of Justice, he ‘directed the unlawful arrest of Bernd George Diedrich and Alieu Barry, an arbitrary act to the rights of Bernd George Diedrich and Alieu Barry.’

Jobarteh also faces the charge in count five that in the year 2012 in Bansang in the Central River Region, he abused his office as minister of Justice by removing the community tap situated near his newly-bought compound at Bantaba town in Bansang to unlawfully extend his compound, an arbitrary act to the rights of the people of Bansang.

On count six, prosecutors accused Jobarteh of abusing his office as a high court judge in 2012, in Toubanding village in the Central River Region, by seizing about 100 acres of land from one Mustapha Kanyi and the Toubanding women’s garden, which he annexed to his farm, an arbitrary act prejudicial to the rights of Mustapha Kanyi and the women of Toubanding village.

On count seven, Jobarteh faces the charge that in abuse of his office as a high court judge in 2012 in Toubanding village in the Central River Region, he directed the arrest of Mr Mustapha Kanyi after having problems over land he seized from him, an arbitrary act prejudicial to the rights of Mustapha Kanyi.

Pa Harry Jammeh also stands accused on count eight that in the year 2009, while serving as the Sheriff of the High Court, he destroyed unspecified amounts of cannabis and bullet exhibits from the Mansakonko and Basse Magistrate Courts without authority and due regard to possible appeals that could arise from the decisions related to the said exhibits.

On count nine, prosecutors accused Pa Harry Jammeh of destroying an unspecified amount of cannabis and bullet exhibits from the Mansakonko and Basse Magistrate Courts without authority and due regard to Section 95 of the Drug Control Act 2009.

On count ten, Pa Harry Jammeh faces the charge that in the year 2009, having been transferred from the Sheriff’s Division of the Gambia High Court where he was the Sheriff, to the Ministry of Justice as legal secretary and solicitor general, neglected his official duty to formally hand over the office of the Sheriff to his successor. 

Author: Malamin ML Conteh
Source: Picture: Pa Harry Jammeh and Lamin Jobarteh