Dec 22, 2011, 2:23 PM
The ruling followed the defence counsel, LS Camara and Saga Gaye, filing of a no-case-to answer submission on behalf of the accused person.
When the ruling was delivered, the state counsel, Drammeh, told the court the state was applying to appeal against its decision.
In response, defence counsel LS Camara told the court it would not make any sense, after it had acquitted and discharged the accused person, to remand him in custody again.
It would be a serious mockery to the court and an infringement of the accused person’s constitutional right, he said, adding that the court has the supreme power and wisdom to grant the accused person bail pending when the state would be ready to file their appeal.
At the material moment, the accused person was cleared of any charge preferred against him, he said.
The accused person at anytime did not pose any flight risk, counsel added, and asked the court to maintain the first bail during the trial.
The state counsel said they were not opposed to bail for the accused person, but want the court to ensure he faced trial.
In his ruling, the trial magistrate said the court has decided to grant the accused person bail, since the state did not object to the application.
He added that the alleged offence was bailable.
The court granted the accused person bail on the following conditions:
The accused person was granted a bail in the sum of D400,000 with one Gambian surety.
The surety must be the holder of a Gambian national identification card.