The
Special Criminal Court in Banjul presided over by Justice O. Ottaba yesterday
granted bail to 7 out of 10 accused persons, in the GNPC case, of over US$1
million.
They
are Edrissa Mass Jobe, Cherno Marena, Momodou Taal, Fafa Sanyang, Muntaga
Momodou Sallah, Seedy Kanyi and Louie Moses Mendy.
DPP
S.H. Barkun appeared for the state alongside deputy DPP M.B. Abubacarr, while
I.D. Drammeh led the defence team representing Edrissa Mass Jobe.
DPP
S.H. Barkun then informed the court that they were not opposing bail on such
terms and conditions that would secure the applicants’ presence in court, in
case charges were brought against them.
Counsel
I.D. Drammeh said with the concession of the state she urged the court to grant
all the prayers.
She
asked the court to make the bail reasonable and not exceeding D500,000, if it
is to be granted.
Delivering
his ruling, Justice Ottaba said he had listened to the submission made by counsel.
He
said in view of the fact that the state did not oppose bail, he would exercise
his discretion and granted the applicant, Edrissa Mass Jobe, bail of US$1.2
million with two Gambian sureties, who should have a landed property within the
jurisdiction of the court and have deposed to an affidavit of means.
The
sureties and the applicant should sign a bond to ensure the presence of the
applicant in court to answer, to any charge brought against him.
The
applicant was also ordered to deposit his international passport with the
registrar of the high court.
Senior
counsel A.N.D. Bensouda and H.S. Sabally represented Cherno Marena.
In
moving the bail application, H.S. Sabally said the application was for bail and
was brought pursuant to section 19 sub 5, 24 (3) and 37 of the constitution and
also section 99 of the CPC.
The
application was supported by a 22-paragraph affidavit and attached to it was
marked exhibit CM1 and CM2, which were the charges from Banjul Magistrates’
Court.
She
added that there was also an additional affidavit, which was an 8-paragraph and
they are relying on all the paragraphs.
Counsel
Sabally said there was no affidavit in opposition, and she believed that all
the arguments in the affidavits were deemed admitted by the state.
“I
want to draw your lordship’s attention to paragraph 14, 15 and 22 of the
affidavit in support, and I want your lordship to put this into account when
exercising your discretion in granting bail. It is my submission that the
affidavits have satisfied all the conditions that your lordship will be called
upon to consider in granting bail.”
She
then urged the court not to make the bail condition onerous.
The
judge then granted Cherno Marena bail of US$1.6 million with two Gambian
sureties.
Counsel
I.D. Drammeh representing Momodou Taal informed the court that the charge
against his client had no monetary amount.
The
trial judge then granted him bail of D250,000 with one Gambian surety.
L.S.
Camara representing Fafa Sanyang said the application was to release the
applicant on bail.
He
said the application was supported by a 25-paragraph document and he referred
the court to paragraph 5, which stated that the applicant was only charged with
conspiracy and neglect of official duty, which are all misdemeanours, and
enjoined the court to take into consideration section 99 sub-section 2 of the
CPC.
The
trial judge granted him bail of D250,000 with one Gambian surety.
Counsel
I.D. Drammeh, who held brief for counsel L. Farage for Muntaga Momodou Sallah,
made a similar bail application.
The
trial judge granted him bail of US$1.3 million with two Gambian sureties.
Counsel
L.S. Camara representing Seedy Kanyi and Louie Moses Mendy said both applicants
are seeking to be released on bail.
He
said the application was supported by 28 and 25 paragraphs respectively, and
attached to both affidavits are the charges.
He
urged the court to grant them bail.
Seedy
Kanyi was granted bail of US$1.3 million with two Gambian sureties, and Louie
Moses Mendy was granted bail of US$1.6 million with two Gambian sureties.
