Former High Court Judge Justice Moses Richards, on Tuesday 12th July 2010, appeared at the Kanifing Magistrates' Court, where he represented one Ousainou Darboe, who was arraigned before Magistrate Drammeh, charged with negligent driving causing death.
In the proceedings that followed, defence counsel Moses Richards applied to the court to grant his client bail, stating that Section 221 of the Criminal Code under which his client was charged is a bailable offence.
He also cited Section 19 of the constitution which deals with the right to liberty and security of the accused person, as well as Section 24 of the constitution which guarantees the right of the accused person to prepare himself adequately, and to have access to all the facilities to prepare his defence.
Counsel Moses Richards argued that the offence is a serious one in which life was lost, but notwithstanding, the accused person is innocent until proven guilty.
He indicated that the accused person is a young man who is a school-leaver, and has engaged himself as a driver to earn a living. He stated that it was in that endeavour that the unfortunate incident had occurred.
Counsel further submitted that there is no possibility that the accused, if granted bail, would commit such an offence again, because his driving licence and the vehicle are in the custody of the police. He finally craved the court's indulgence to grant the accused person bail.
Magistrate Drammeh endorsed the application made by the counsel, and granted the accused person bail in the sum of D25, 000, with two Gambian sureties who must be in possession of landed properties within the Greater Banjul Area, and whose title deeds should be deposited with the registrar.
