Feb 9, 2010, 10:04 AM
D5m Bail Bond To Be Forfeited To The State
(Thursday 22nd October 2009 Issue)
Justice Moses Richards of the Special Criminal Court of the High Court yesterday ordered D5m cash bail bond deposited by the 2ndaccused person, Andrew Charles Northfield, to be forfeited to state.
This followed an earlier application made by the Director of Public Prosecution Richard N. Chenge.
DPP Chenge told the court that the 2ndaccused, Andrew Charles Northfield, had absconded the jurisdiction and henceapplied for the court to order the forfeiture of the D5m cash deposited by the 2ndaccused, and for the court to also order a bench warrant for the arrest of the 2ndaccused.
DPP change also advanced that ?a sermon must be served to the two sureties as to why they should not produce the 2ndaccused and if they failed to do, they should be made to forfeit their bail bond.?
In his ruling, Justice Richards stated that, having heard from the prosecution that the 2ndaccused person, Andrew Charles Northfield had absconded the jurisdiction and all efforts to get him face the charges against him failed; the court was satisfied that the 2ndaccused had indeed absconded.
Accordingly, he added the court made the following orders: ?the D5m cash deposit that was ordered to secure the bail for the 2ndaccused person be forfeited to the state and any interest accrued there from be forfeited to the Judiciary of The Gambia, the sureties of the 2ndaccused Andrew Charles Northfield who deposited title deeds to secure his bail be brought before the court on a sermon to show cause why they should not either produce the 2ndaccused person or forfeit their bail bond and be in prison if the court be satisfied that they participated in assisting the 2ndaccused person abscond the jurisdiction of The Gambia, the Master and Registrar of the High Court at the time of the execution of the said bail bonds should appear before the court on the next adjourned date to indicate to the court who the aforesaid sureties were, the British passport of the 2ndaccused person be confiscated to the state and the court be fully informed about the procedures adopted for the said confiscation?.
The court also ordered the 1staccused person, Carnegie Mineral Gambia Ltd to be served with a sermon to appear before the court for trial on the next adjourned date or else the possibility of trial and judgement be held in their absence.
The case was adjourned to 23rdOctober 2009.