Nov 25, 2015, 10:03 AM
The case involving Seedy Jaiteh, Gamcel's human resources director, could not proceed on 9 February 2011, before Magistrate Siranding Sanneh of the Kanifing Magistrates' Court.
According to Sgt Kinteh, holding brief for Inspector Mballow who was absent, the case file "is still" with the Attorney General's Chamber and as a result, the prosecution had not come with a witness.
The case was subsequently adjourned till 3 March 2011 for hearing.
It would be recalled that the accused, Seedy Jaiteh, was arraigned before Magistrate Sanneh on 11 November 2010 charged with stealing by clerk and servant, a charge he has denied.
The prosecuting officer, Inspector Mballow, applied to the court for an adjournment in the sense that the prosecution were yet to receive the case file and that the investigations were ongoing.
Defence counsel, Lamin Camara, then applied to the court to grant the accused person bail, adding that the offence is bailable.
He cited section 99 (1) of the CPC and said it was the discretion of the court to grant bail to the accused.
Counsel Camara further argued that bail is a constitutional right, citing section 19 of the constitution.
Inspector Mballow then rose to say that he was objecting to the bail application.
Magistrate Sanneh then ruled in favour of the defence and granted the accused person bail of D20,000,000 with three Gambian sureties with leased properties within the Greater Banjul Area valued at D20m.
The accused was also ordered to submit his official and ordinary documents to the court's registrar and was further ordered to report to the police on weekly basis.
The case, which was then adjourned till 19 November 2010, for hearing, subsequently suffered many setbacks at the instance of the prosecution for the simple reason that the case file was still with the Attorney General's Chambers.
Seedy Jaiteh, the accused, has since maintained that he did not steal fuel coupons equivalent to D11,099,000, being the property of Gamcel, between January 2009 and August 2010, while he was employed by Gamcel as director of Human Resources.