High court judge adjourns case amid tense legal battle in 3 Years Jotna bail application
By PA ABLIE CORR & BABOUCARR CEESAY
The trial judge presiding over the case of eight 3 Years Jotna top members, Amina Ceesay Saho has adjourned the case till Thursday, February 6, 2020 for ruling following a deadlock in a legal battle between the defense and state lawyers on the bail application by defense.
Abdou Njie, Ebrima Kitim Touray, Yankuba Darbo, Fanta Mballow, Karim Touray, Sheriffo Sonko, Muctarr Ceesay and Hagi Suwaneh who were arrested in connection with a protest staged on Sunday, January 26, 2020 have their premier appearance at the high court on Tuesday in Banjul.
Charged with rioting, the accused persons were last arraigned before the Kanifing Magistrates’ Court where the trial magistrate, P. Sarr transferred the case to the high court after application by prosecution on grounds that the country’s laws do not confer the lower court with the power to try offences that the accused persons were charged with.
However, in an application for adjournment, the lead state prosecutor Patrick Gomez sought for an adjournment amidst tense argument on points of law with the defence team of the 3 Years Jotna led by Rachel Y Mendy.
Lead state prosecutors said it was only Monday that they received the file of the case from the police.
In challenging the prosecution’s application, the defense also sought for the transfer of the case, describing the charges against the accused person at the high court as improper.
In further challenging the basis for the application for an adjournment, Rachel Y Mendy argued: “I wish to submit that there is nothing before this court that should warrant an adjournment.
In a hard push to secure a bail for the accused persons, Rachel said the state is attempting to delay the case, adding that the state cannot be allowed to abuse the process of the honourable court.
At this juncture, she made reference to a Supreme Court ruling in the case of Henry Gabriel in which the high court granted bail to the accused person who was convicted on a manslaughter charge.
In his submission, Patrick Gomez said the state has no intention to delay the case, arguing that one of the offences which the accused persons were charged with at the magistrates’ court is not a bailable offence.
Rachel further argued: “The issue brought up in the argument of the accused person (Henry Gabriel) was whether the purported charges are bailable.”
The case continues.
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