Jul 8, 2008, 7:22 AM
Awa Saye Touray, a former supplies officer at the Ministry of Agriculture, was yesterday refused bail by the high court in
In delivered his ruling, Justice Mbai told the court that the defence counsel filed a bail application on Monday 2 April 2012 on behalf of the applicant.
He pointed out that the bail application was supported by a 16-paragraph affidavit and medical documents from the relevant clinic regarding the health status of the appellant.
He noted that the defence counsel further submitted that the offences the applicant was charged with are bailable, otherwise the prosecution needed to show reason why the applicant should not be entitled to bail.
Justice Mbai further stated that in response to the defence counsel’s application for bail, the Deputy Director of Public Prosecutions, S.H. Bakum, told the court that they are vehemently opposed to the application for bail, and that they had filed an affidavit in opposition.
He said the prosecution had argued that with regards to the health condition of the applicant, the prison had sufficient facilities to take care of the health of the applicant.
Justice Mbai further said the state submitted that the matter was still under investigation, and there was a probability of bringing other charges and other people pending the outcome of the Police investigation, and that if the appellant was admitted to bail she might tamper with the investigation.
He added that the state also briefed the court as to why the applicant should not be granted bail.
He added that after listening to the submission of both the defence and state, the only issue raised for determination was whether the applicants had advanced sufficient reasons why the court should grant the bail application.
He added that the applicant failed to indicate in her affidavit as to where she was going to attend the treatment, whether within or outside the country.
He added that the police confirmed that the investigation was ongoing, and that a huge amount was involved.
Therefore, based on these reasons, the applicant was hereby refused bail.
However, he ordered that the applicant be taken to any private clinic or government clinic of her choice.