The bail application filed by Babylon 28 suspects was yesterday heard before Justice Moses Richards of the Special Criminal Court of the High Court.
Senior Counsel, Antuman Gaye filed a bail application at the High Court on behalf of Babylon 28 suspects who are standing trial at the Brikama Magistrates? Court on charges of arson, willful damage to property, going armed in public and conspiracy. In his submission, Senior Counsel Antuman Gaye submitted that the applicants had filed a 30 paragraphs affidavit in support of the bail application and they are relying on all the paragraphs, particularly 6, 7, 9, 5, 16, 23, 24, 25, 26, 27, 28, and 29. He said the affidavit discloses that when the applicants were first arraigned at the Brikama Magistrates' Court they were granted bail that continued for over a year before being revoked. According to him, the accused persons have been attending court sitting regularly and during their bail there was no evidence that they have tampered with the investigation or witnesses. He said during the proceedings, the state was represented by the then Director of Public Prosecution, who told the court that the state has taken over the case, notwithstanding the trial commenced. He submitted that the State Counsel's intervention led to a series of adjournments and also with the intervention of the State Counsel, the number of the accused persons has reduced from 94 to 54. Senior Counsel Gaye further submitted that all the accused persons are Gambians who have roots in society and with family responsibilities. He cited the Evidence Act to strengthen his submission. He submitted further that the accused persons had been under bail for over a year. As he put it, no circumstance has change that warrants the revoke of their bail. He referred the court to its previous ruling when it comes to granting bail to an accused person. He said with all these reasons, he urged the court to grant the applicants with reasonable bail condition. In her response, the State Counsel N.B Jones submitted that the state is opposing to the applicants' bail application, and in that they have filed an affidavit in opposition. She submitted that the applicants are stand charged with the offences of arson, willful damage to property, going armed in public and conspiracy. She submitted further that, the accused persons stand trial at the Brikama Magistrates' Court, among other things, for setting fire on building and property belonging to individuals in the village of Babylon. According to her, the trial is pending at the Brikama Magistrates' Court, and on the last adjourned date the case was adjourned at the instant of the defence to cross-examine the prosecution witness. She submitted that the accused persons had been remanded by a court order. She submitted further that an accused person who?s charged with an offence that is punishable for dead or life imprisonment are not entitled to bail while under a trial. She argued that the offence of arson is punishable to imprisonment for life. State Counsel Jones went further to submit that where there is evidence that the accused person are likely to commit an offence while under bail then that bail should be refused. According to her, the applicants are not entitled to bail under the law. She cited some law authorities and the constitution to back-up her argument. The case was adjourned for ruling and a date would be communicated to both parties by the court.
In his submission, Senior Counsel Antuman Gaye submitted that the applicants had filed a 30 paragraphs affidavit in support of the bail application and they are relying on all the paragraphs, particularly 6, 7, 9, 5, 16, 23, 24, 25, 26, 27, 28, and 29.
He said the affidavit discloses that when the applicants were first arraigned at the Brikama Magistrates' Court they were granted bail that continued for over a year before being revoked.
According to him, the accused persons have been attending court sitting regularly and during their bail there was no evidence that they have tampered with the investigation or witnesses. He said during the proceedings, the state was represented by the then Director of Public Prosecution, who told the court that the state has taken over the case, notwithstanding the trial commenced.
He submitted that the State Counsel's intervention led to a series of adjournments and also with the intervention of the State Counsel, the number of the accused persons has reduced from 94 to 54.
Senior Counsel Gaye further submitted that all the accused persons are Gambians who have roots in society and with family responsibilities. He cited the Evidence Act to strengthen his submission.
He submitted further that the accused persons had been under bail for over a year. As he put it, no circumstance has change that warrants the revoke of their bail. He referred the court to its previous ruling when it comes to granting bail to an accused person. He said with all these reasons, he urged the court to grant the applicants with reasonable bail condition.
In her response, the State Counsel N.B Jones submitted that the state is opposing to the applicants' bail application, and in that they have filed an affidavit in opposition.
She submitted that the applicants are stand charged with the offences of arson, willful damage to property, going armed in public and conspiracy. She submitted further that, the accused persons stand trial at the Brikama Magistrates' Court, among other things, for setting fire on building and property belonging to individuals in the village of Babylon.
According to her, the trial is pending at the Brikama Magistrates' Court, and on the last adjourned date the case was adjourned at the instant of the defence to cross-examine the prosecution witness.
She submitted that the accused persons had been remanded by a court order.
She submitted further that an accused person who?s charged with an offence that is punishable for dead or life imprisonment are not entitled to bail while under a trial.
She argued that the offence of arson is punishable to imprisonment for life.
State Counsel Jones went further to submit that where there is evidence that the accused person are likely to commit an offence while under bail then that bail should be refused.
According to her, the applicants are not entitled to bail under the law. She cited some law authorities and the constitution to back-up her argument.
The case was adjourned for ruling and a date would be communicated to both parties by the court.
In his submission, Senior Counsel Antuman Gaye submitted that the applicants had filed a 30 paragraphs affidavit in support of the bail application and they are relying on all the paragraphs, particularly 6, 7, 9, 5, 16, 23, 24, 25, 26, 27, 28, and 29.
He said the affidavit discloses that when the applicants were first arraigned at the Brikama Magistrates' Court they were granted bail that continued for over a year before being revoked.
According to him, the accused persons have been attending court sitting regularly and during their bail there was no evidence that they have tampered with the investigation or witnesses. He said during the proceedings, the state was represented by the then Director of Public Prosecution, who told the court that the state has taken over the case, notwithstanding the trial commenced.
He submitted that the State Counsel's intervention led to a series of adjournments and also with the intervention of the State Counsel, the number of the accused persons has reduced from 94 to 54.
Senior Counsel Gaye further submitted that all the accused persons are Gambians who have roots in society and with family responsibilities. He cited the Evidence Act to strengthen his submission.
He submitted further that the accused persons had been under bail for over a year. As he put it, no circumstance has change that warrants the revoke of their bail. He referred the court to its previous ruling when it comes to granting bail to an accused person. He said with all these reasons, he urged the court to grant the applicants with reasonable bail condition.
In her response, the State Counsel N.B Jones submitted that the state is opposing to the applicants' bail application, and in that they have filed an affidavit in opposition.
She submitted that the applicants are stand charged with the offences of arson, willful damage to property, going armed in public and conspiracy. She submitted further that, the accused persons stand trial at the Brikama Magistrates' Court, among other things, for setting fire on building and property belonging to individuals in the village of Babylon.
According to her, the trial is pending at the Brikama Magistrates' Court, and on the last adjourned date the case was adjourned at the instant of the defence to cross-examine the prosecution witness.
She submitted that the accused persons had been remanded by a court order.
She submitted further that an accused person who?s charged with an offence that is punishable for dead or life imprisonment are not entitled to bail while under a trial.
She argued that the offence of arson is punishable to imprisonment for life.
State Counsel Jones went further to submit that where there is evidence that the accused person are likely to commit an offence while under bail then that bail should be refused.
According to her, the applicants are not entitled to bail under the law. She cited some law authorities and the constitution to back-up her argument.
The case was adjourned for ruling and a date would be communicated to both parties by the court.
