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Man arraigned for infringement of copyright

Nov 9, 2016, 10:20 AM | Article By: Bruce Asemota

One Ensa Jallow was Monday arraigned before Justice Otaba Enganra Obo of the High Court in Banjul indicted with the criminal offences of infringement of copyright and distribution of programme carrying signals contrary to the laws of The Gambia.

The particulars of offence on count one stated that the accused, Ensa Jallow, on 23 April 2016, in Latrikunda Sabiji, in the Kanifing Municipality or in diverse places used beIN equipment to distribute signals carrying English Premier League matches intended for Middle East and North Africa for profit making purposes and thereby committed an offence.

The particulars of offence on count two disclosed that the accused on 23 April 2016, in Latrikunda Sabiji, without licence or authorisation of the author or other owner used beIN equipment to distribute signals carrying English Premier League matches intended for Middle East and North Africa for profit-making purposes and thereby committed an offence.

The accused denied the charges, and in applying for bail on behalf of the accused, defence counsel Edward Gomez submitted that the offences the accused was charged with were bailable offences.

He stated that the charges carry a fine of D500,000 or an imprisonment of three years.

Lawyer Gomez further submitted that the court should grant him bail, citing section 95 of the 1997 constitution and section 99 of the criminal code.

He disclosed that from all indication, the investigation of the said case had been completed, noting that there is no apparent probability that the accused might interfere with the prosecution witnesses or flee the jurisdiction as the accused is a person with a strong social ties and commitment.

Lawyer Gomez, however, urged the court to grant the accused bail.

In his reply, state counsel Abdoulie Colley informed the court that he was not opposing the application.

The presiding judge Otaba disclosed that the court had the discretion to judiciously and judicially grant bail to an accused person.

He, therefore, granted the accused bail of one million dalasis with two sureties.