The application was filed by the Lawyer Sagarr Jahateh, the defence counsel representing Sainabou Mbye, Cherno Mbye, and Kibili Dembele who were charged with manslaughter at the lower court.
The defence claimed that the detention of the accused persons was “arbitrary and illegal”, arguing that his clients couldn’t be called accused persons due to the fact that they’re not yet charged.
“My Lord, I am suggesting that my clients are simply applicants before this court because there are no charges against them. We cannot call them accused persons. They are not accused of any crime and that is the nature of our application because what we are trying to say here is that their detention is arbitrary and illegal. We are just bringing them here. In fact, I don’t even think that my Lord has the power to further remand them at Mile 2 prison.”
Meanwhile, trial Judge Ebrima Jaiteh told the court that he would be out of the jurisdiction on Tuesday but would make sure that the file goes to the Chief Justice to assign it to the vacation judge – a level where the matter should be finished.
“I don’t expect the issue of the bail application to come back to me next term,” he said.
He said all counsels should endeavour to file and serve all their processes before the next adjourned date concerning the bail application.
“I will be out of the jurisdiction of this country next week. I hereby return this bail application to the Chief Justice for re-assignment to a vacation judge with the mutual consent of both counsels.”
Meanwhile, state counsel Lawyer Sowe said the State would oppose the bail application filed by the applicant, claiming: “We are working on filing our affidavit in opposition. I urge the court to grant us an adjournment to enable us file our affidavit in opposition. Again, I want to remind the court that we are still within the eight days time-frame to respond to the bail application filed by the applicant. The State is concerned about the rights of the accused persons and that we are going to file the process.
Sagarr said she has no objection to the request made by Lawyer Sowe.
The matter was then adjourned to Tuesday 9 August 2022 at 11a.m.
