The
Special Criminal Court presided over by Justice O. Ottaba will today decide
whether or not to grant 14 UDP supporters bail, based on “the prevailing
circumstances”, as brought forward by the defence team in an oral bail
application made yesterday.
The
accused persons are Bakary Jammeh, Kaddy Samateh, Lele Bojang, Alakali Sanneh,
Yaya Fatty, Muhammed Singhateh, Kemo Touray, Bakary Marong, Buba Mass, Alagie
Saidykhan, Tombong Njie, Modou Sarr, Sheriff Suma, and Lamin Dampha.
They
are being tried on a seven-count charge of conspiracy to commit felony,
unlawful assembly, and riot, incitement of violence, interfering with vehicles,
holding a procession without a permit and disobeying an order to disperse.
When
the matter was called, B. Jaiteh appeared for the state, whilst the defendants
were represented by A.N.D Bensouda, Hawa Sisay-Sabally, R.Y Mendy, Y. Senghore,
C. Gaye and A. Njie.
State
counsel B. Jaiteh informed the court that his witness was on his way coming,
and asked for a 10 minutes stand down.
Senior
Counsel Bensouda then informed the court that they would like to make an
application, whilst anticipating the arrival of the witness.
She
said they would like to make an oral application for bail on behalf of the
accused persons base on “the prevailing circumstances.”
The
trial judge then asked them to “come formally.”
However,
counsel insisted and urged the court to consider the decision of the Gambia
Court of Appeal, which just granted an oral bail application in the state
versus Ousainou Darboe and 18 others, based on “the prevailing circumstances”.
It allowed them to make an oral application given the fact that the court of
appeal is superior to the high court, counsel pointed out.
The
state counsel B. Jaiteh said granting or not granting an oral bail application
lies on the discretion of the court.
The
trial judge then said based on the fact that counsel said she would be brief,
then he would grant the oral bail application.
Moving
her application before the court, counsel Bensouda said: “We want to invoke
your lordship’s powers to grant bail to 14 accused persons who are now in
custody. I draw your lordships attention to its own bail ruling on Sira Wally
Ndow-Njai and AG.
“I
would also like to draw your lordships attention to the reasons why your
lordship refused bail. A primary reason
why bail was refused is because it was refused previously for similar reasons
in the case of Ousainou Darboe and 18 others, for the fact that their release
will be a threat to national security.”
She
added that there is a fundamental change in circumstances. “It was now a notorious
fact known to your lordship that on 1 December 2016, a new president-elect was
declared by IEC.” Counsel further pointed out that the present result is that
the victorious is the candidate for coalition party, a leading member of which
coalition is UDP.
“Your
lordship is reminded that the accused persons by the charges before this court
are alleged to be UDP members. I would like to draw your lordships attention to
the order made by the Gambia Court of Appeal, in the case of Ousainou Darboe
and 18 others in a consolidated appeal. This is an application from the
decision of the high court in which the Gambia Court of Appeal granted the
appellants, under similar circumstances, an oral application for bail.”
Counsel
Bensouda added that the court of appeal said the issue was urgent; that the
oral bail application was granted, and the ruling was done yesterday, although
the reasons were reserved.
The
Gambia Court of Appeal was persuaded by their submission to that court that the
UDP was in the process of forming the government, as their candidate has been
elected as part of the coalition.
“UDP
is a crucial part in the transition to the new government,” she said.
“It
is my submission that the reasons that were relied upon by this court in
refusing bail had been fundamentally affected by the change. If they were a
threat to national security at that time, now that they have been successful
and have been victorious, it is their continued detention now that will cause a
threat to peace and stability.
“They
were the opposition, but now they are the government based on section 63 of the
Constitution, which provides for the new president-elect to be sworn in.”
State
counsel B. Jaiteh in response said the court was minded to grant the bail
application.
He
urged the court to do so on such terms that would secure the applicants to
stand trial.
