Sep 16, 2011, 1:08 PM
Principal Magistrate Emmanuel Nkea of the Banjul Magistrates’ Court yesterday granted court bail to Yaya Barry, Regional Manager of the Gambia Telecommunications company (GAMTEL) in the Upper River Region, and Baboucarr Marong, a mechanic with the same company.
The duo, who were arraigned last Friday before the court on a charge of stealing by clerk or servant, were granted bail in the sum of D1.5 million each with two Gambian sureties, one of whom must have a landed property within the Greater Banjul Area.
They were alleged to have, between July 2007 and October 2009 in Basse, Upper River Region, while being employees of the Gamtel as regional manager and mechanic respectively, stoled fuel from the Gamtel fuel pump and received coupons equivalent to the sum of D1, 163,213.00, being the properties of Gamtel. Both denied the charge.
In applying for bail on behalf of the accused persons, defence counsel Badou S. Conteh urged the court to grant the accused persons bail.
“Your worship, in the interest of justice, the accused persons should be entitle to bail, as the alleged offence committed is bailable not withstanding the alleged sum involved,” he stated.
According to him, the accused persons are all responsible persons in their various communities, and are married with kids. Their continued detention may cause some hardship to their families,” counsel Conteh added
Superintendent Sainey Joof told the court that the prosecution was not opposing the bail application, as granting bail is at the discretion of the court.
Magistrate Nkea subsequently granted the accused persons bail since the prosecution did not opposed the application for bail.
The case was adjourned till 24th November 2010. It would be recalled that Magistrate Nkea on 8th November 2010 ruled that since the alleged offence was committed in Basse, it would be proper for the accused persons to be tried in the proper jurisdiction where the offence was committed.
He said the Banjul Magistrates’ Court lacks jurisdiction to hear the case, and subsequently struck out the case. He urged the police to take the matter either to the High Court or to the Basse Magistrates’ Court.