Pa Mbye, Foday Barry arraigned, granted bail

Principal Magistrate Alagbe Taiwo Ade of the Banjul Magistrates’ Court yesterday granted bail to Pa Abibu Mbye, former Crime Management Coordinator at the National Drug Enforcement Agency (NDEA) and Foday Barry, former Director of Investigation and Intelligence at the same institution.

The bail condition was for D1 million each with one Gambian surety who must deposit a title deed within the Grater Banjul Area, and the accused persons should surrender all their travel documents to the registrar of the court.

 The two former NDEA senior security personnel were arraigned before the said court, charged with the offence of giving false information to a public officer and abuse of office; charges they denied.

According to the particulars of offence on count one, Pa Abibu Mbye and Alh Foday Barry in 2011 in Banjul, abused their offices as crime management coordinator and director of investigation and intelligence at the NDEA, by directing an investigation on a petition against Professor Muhammeh O. Kah, and thereby committed an offence.

The particulars of offence on count two read that Pa Abibu Mbye and Alh Foday Barry in 2011 in Banjul, gave a false, fraudulent and malicious report against Professor M.O. Kah to the Office of the President, which they knew to be false at the time, and thereby committed an offence.

 Defence counsel Ozuma, in applying for bail, told the court that the offence for which the accused persons were charged are a misdemeanor and bailable in the eyes of the law.

He told the court the accused persons are all married with kids, and prior to being in court, were on police bail, which means the investigation was completed.

Counsel added that since they were released on police bail, they had always reported regularly and without interfering with the investigation or the witnesses.

“I therefore urge the court to grant them bail, as the alleged offence committed is bailable,” he stated.

Another defence counsel, E.E. Chime, told the court that the accused persons were amongst the longest serving officers in the country’s security services.

He noted that they have held high positions for a long time without any problems, and the police themselves know that the accused persons are not going anywhere.

 He therefore urged the court to grant them bail on reasonable conditions, adding that they have enough sureties to bail them.

In his ruling, the trial magistrate subsequently revoked the police bail conditions and granted them court bail.

The case was then adjourned till 23 July 2012.