Oleidi Uko Uduma of the High Court in Banjul recently admitted one Bakary
Saidyfaye to bail in the sum of two hundred thousand Dalasis with one Gambian
surety in like term.
Justice Uduma’s decision was anchored upon a ruling delivered on an originating summon filed on behalf of the suspect by one Lamin Saidy faye, a resident of Ebo Town in Kanifing Municipality.
Delivering her ruling, the trial Judge disclosed that the motion was supported by 19-paragraph affidavit with an attachment of the charge sheet from Banjul Magistrate’s Court.
She stated that the State law office being the Respondent was served with the originating summons but did not filed any affidavit in opposition, as they are not opposed to the granting of bail to the Applicant.
She further stated that the Applicant’s affidavit was uncontroverted and deemed admitted, citing the case of Banna v Ocean View Resort Ltd, where it was held that unchallenged or uncontroverted evidence whether viva voce or affidavit evidence.
The trial judge maintained that the court has no choice than to regard the applicant affidavit as establishing the facts alleged.
Justice Uduma further revealed that by Section 99 of the Criminal Procedure Code, the court is vested with power and the discretion to grant bail in offences, which do not carry the death penalty or life imprisonment.
The offence alleged, she went on, are bail able offense in line with that Section 22 (a) (b) (c) and d of the Anti-money laundering and Terrorist Financing Bill 2012 Cap 13.03 of the criminal Code Vol III specified offences, as none of them is punishable with death or life imprisonment.
She further noted that the applicant indicated in paragraphs 7 – 18 of the affidavit in support that he will not interfere with witnesses and will not jump bail if released; that he has people ready and willing to stand as surety for him.
The high court judge pointed out that the respondent also has conceded that the offence alleged are bail able and do not see any reason to oppose bail.
The trial Judge stated that she took cognizance of Section 24(a) of the 1997 Constitution, which presumes the innocence of the applicant until proven guilty and that presumption she would apply to the applicant’s benefit.
Bakary Saidyfaye was then granted bail in the sum of D200.000.00 (Two Hundred Thousand Dalasis.
He was ordered to provide one Gambian Surety, who must depose to an affidavit of means in the like sum and must be the owner of a title to a landed property.
The trial Judge further ordered that the surety shall deposit with the Principal Registrar of the High Court, the original title Deeds in respect of his/her said property and deposit his/her I.D card.
The Applicant was equally ordered to deposit his passport and all traveling documents to the registrar of High Court in Banjul.