Jan 29, 2016, 10:19 AM
Kebba Ndow, Modou Salieu Jallow, Momodou Alpha Jallow, Ebrima Jallow, Momodou Barry and Dawda Jallow were on 24th June 2010 arraigned before Magistrate Drammeh of the Kanifing Magistrates' Court, charged with economic crimes.
When the case was called, the prosecuting officer, ASP Abdoulie Sanneh, rose and told the court that he was not going to proceed, because there is an ongoing investigation and the case file would be sent to the Attorney-General's Chambers for advice. He then applied for the case to be adjourned.
At this point, Lawyer Tambedou, the counsel for the accused persons, applied to the court to grant the accused persons bail.
Prosecutor Sanneh objected to this application. He said the accused persons if granted bail might jeopardise with the investigation, adding that they are charged with committing economic crimes.
Lawyer Tambedou, in response told the court that it is trite law that there is presumption of innocence, until the accused persons pleaded guilty or they are found guilty.
He further argued that the accused persons were illegally detained for 18 days.
The lawyer also said the accused persons have sureties who would fulfil the bail conditions, if they were granted bail, and referred the court to Section 99(1) of the CPC.
He said the police have completed their investigations, that's why the accused persons were charged and taken to court.
Magistrate Drammeh ruled that granting the accused persons bail would not jeopardise the ongoing investigation.
It would not be fair to keep the accused persons in detention, while the case file was sent to the Attorney-General's Chambers for advice, pointing out that it would take time before the case file will be sent back to the police. She, therefore, granted all the accused persons bail.
Kebba Ndow was granted bail in the sum of D100, 000 with two Gambian sureties, Momodou Salieu D200, 000, Momodou Alpha Jallow D250, 000, Ebrima Jallow D250, 000, Momodou Barry D75, 000 and Dawda Jallow D300, 000.
According to the particulars of offence, four of the accused persons, not being licenced dealers and without approval from the Ministry of Finance, were found with Gambian currency with intent to deal in illegal foreign exchange transactions.
Two of the accused persons were found with foreign currency purchased from customers, when they are not licenced foreign exchange dealers and without approval from the Ministry of Finance, knowing this was an offence.
The particulars of offence stated that Kebba Ndow on or about 18th June 2010, at Serrekunda Bambo was found with Gambian currency amounting to D14, 000.
Dawda Jallow, on the same day and place was found with D7, 115, Momodou Alpha Jallow was found with D9, 052, and Momodou Salieu Jallow was also found with D5, 910, all of them, it was alleged, with intent to deal in illegal foreign exchange transactions.
Ebrima Jallow on or about 21st June 2010 at Westfield allegedly purchased $300 from a customer for D10, 000, and Momodou Barry on the same day and at the same place purchased 20 pounds sterling and $10 from a customer for D1000, both without authority, stated the particulars of offence.
All of the accused persons have denied the charges in court, and the case was then adjourned to 6th July 2010 for hearing.