Dec 27, 2010, 11:07 AM
Foday Barry, former director of intelligence and investigation at the NDEA, and Pa Habibou Mbye, former crime management coordinator at the same institution, now face a four-count charge of conspiracy to commit a felony, stealing, making false documents and uttering false documents.
They denied the charge preferred against them.
Applying for bail, defence counsel Ouzuma told the court that the accused persons were all responsible persons in their various communities, and were punctual in court prior to this fresh case.
“They have never absented since the starting of their previous case; so therefore, if the court grants them bail they will not interfere with the case of the prosecution,” counsel said.
In response, the prosecuting officer, Sgt Manga, told the court that the prosecution was objecting to bail for the accused persons.
“If the accused persons are granted bail, it means the accused persons were licensed to interfere in the prosecution case,” the prosecutor said.
“I have agreed that the investigation into the case was ready, but the accused persons were influential officers and they once occupied high offices at the NDEA,” he added.
He said the other reason of their objection was that the accused persons might jump bail and fail to attend the trial, and he urged the court to deny them bail.
Counsel Ouzuma again rose and told the court that the prosecution had raised some issues, adding that in the history of the case, the accused persons had never been absent from court.
The accused persons should be presumed innocent until proven guilty by this court, he added.
He then urged the court to grant the accused persons bail, and to substitute the bail conditions with the previous one.
Delivering his ruling, the trial magistrate told the court that after he had listened to the submission of both the defence and the prosecuting officer, he had agreed with the defence counsel that since the trial began the accused persons were very punctual throughout the whole proceedings of the previous case.
He added that the case suffered so many adjournments at the instance of the prosecution and, more so, the prosecution had told the court that the investigation into the case was completed and they had their witness statements, so there was nothing to remand the accused persons in custody for.
He consequently granted the accused persons bail on the same conditions as under the previous charges.
He further ordered the prosecution to provide all the relevant documents to the defence counsel regarding the case.
The particulars of offence on count one stated that Alh. Foday Barry and Pa Habibou Mbye, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, with an apparent intent for deception, jointly conspired to defraud one Robert Danquah, an inmate in Mile 2 Central Prisons, of D230, 000.
Count two stated that Alh. Foday Barry, between 2010 and 2012 in Banjul and diverse places, within the jurisdiction of the court, stole an amount of D230, 000 from one Robert Danquah, an inmate at the Mile 2 Central Prisons.
Furthermore, count three read that Alh. Foady Barry, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, swore to an affidavit to state that an amount of D850,000 was discovered with one Robert Danquah , a Ghanaian national instead of D1,080,000, which he knew to be false or does not believe to be true.
And count four stated that Alh. Foday Barry, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, with intent to defraud, uttered a false affidavit purposely for the extradition of Mr. Robert Danquah.
The case was then adjourned to 5 November 2012, for continuation of hearing.