An Indian national was on 24 March 2016 arraigned
for allegedly stealing a vehicle that belongs to the Sheriff Division, before
Magistrate Abeke of the Kanifing Magistrates’ Court.
ASP Singhateh presented a bill of indictment which indicated that Sanju Kumar stole one motor vehicle, registration number BJL 0319J marked Mitsubishi, valued at D300,000, the property of the Sheriff Division of The Gambia in the month of July 2015, at Fajara and Cape Point in the Kanifing Municipality.
Prosecutors alleged that her action amounted to committing an offence.
The accused, Sanju Kumar, did not accept any responsibility.
The prosecuting officer, ASP Singhateh, then rose and told the court that he was applying for an adjournment to call his witnesses, and further said he was not opposing to bail for the accused.
Lawyer Edu Gomez, who represented the accused, stood up and said he was applying for bail for the accused, by virtue of section 99 of the Criminal Procedure Code and section 19 of the constitution.
He added that it was the discretion of the court to grant bail to the accused.
However, Magistrate Abeke told the court that he was denying bail to the accused, considering the charge before the court.
Lawyer Gomez then argued that the accused is a head of a financial institution and very responsible.
Magistrate Abeke replied that since the accused is a head of a financial institution, she could buy an air ticket and run away.
Lawyer Gomez responded that although it was the discretion of the court to grant bail to the accused by virtue of section 99 of the CPC, section 19 of the constitution supersedes section 99 of the CPC.
He further argued that the constitution is the supreme law of the country, adding that it was the right of the accused person to be granted bail by virtue of section 19 of the constitution, which is sacrosanct.
He urged the court to grant bail to the accused.
Magistrate Abeke succumbed and granted the accused person bail in the sum of D500,000 with two Gambian sureties, who should surrender their ID cards to the registrar of the court and also to swear to an affidavit of means.
They should furnish the court with their current and correct telephone numbers, and also their current and correct home addresses and places of business.
The case continues.
