The
Banjul High Court presided over by Justice Ogar Edward Eneji, a vacation judge,
yesterday adjourned the bail application of Sira Wally Ndow-Njie, Momodou O.S.
Badjie and Nuha Touray, for adoption of briefs.
DPP
S.H. Barkun appeared for the respondent alongside M.B. Abubacarr and A. Yakubu.
The
applicants were represented by counsel M.A. Samba, Y.H. Cox, L.S. Camara and L.
Farage.
Counsel
L.S. Camara, M.A. Samba, and L. Farage then informed the court that they had
received the respondent’s affidavit in opposition in the morning, and they
intended to reply.
They
also informed the court they would file their briefs of arguments, and serve
the respondent on that very day.
DPP
Barkun also asked for 48 hours to file the respondent’s brief of argument.
The
trial judge ordered the applicants to file their brief of arguments on or
before Tuesday, and serve the respondent.
The
respondent was also ordered to file their briefs after service on or before
Thursday, and serve the applicants.
The
case was then adjourned until 22 August 2016, at 12 pm and 1 pm.
Meanwhile,
counsel M.A. Samba said that with the aggravated illness of her client, Sira
Wally Ndow-Njie, she would ask for her to be observed and monitored to “be
given special medical attention” during this period.
The
DPP said the state was not objecting for the applicant to be observed by an
individual or a team of doctors in and outside the prison, provided that it is
within the range of the prison rules and regulations.
The
prison escort, Kalipha Bojang, was called upon and he told the court they have
medical facilities at the prison where they refer cases to, and sometimes send
other cases to the Edward Francis Small Teaching Hospital.
The
trial judge told him that since “the health condition of the applicant is an
aggravated one” they should not let her complain; instead they should be
monitoring and checking on her routinely.
He,
therefore, ordered the prison authorities to be checking and monitoring the
applicant’s health condition periodically.
It
would be recalled that Justice O. Ottaba of the Special Criminal Court on 1
August 2016 denied Sira Wally Ndow, Nuha Touray and Momodou O.S. Badjie bail on
the grounds that the application “lacks merit”.
However,
Justice O. Ottaba granted bail to seven officials of GNPC who were jointly
charged with Sira Wally Ndow-Njie, after the state said they did not intend to
oppose their bail application.
Those
granted bail were Edrissa Mass Jobe, former Solicitor General Cherno Marena,
former Petroleum Permanent Secretary Muntanga Momodou Sallah, Louie Moses
Mendy, Seedy Kanyi, former Petroleum Permanent Secretary Fafa Sanyang and
Momodou Taal.
