High Court judge, Justice Ebrima Jaiteh, rejected the bail application of ex- junta member and former minister, Retired Captain Yankuba Touray, effectively extending his stay at the State Central prison in Banjul.
The case was adjourned to Monday, October 14, 2019 for commencement of hearing, and the presiding judge directed prosecution to line up their witnesses for an accelerated trial.
He dismissed the bail application filed by Attorney for Touray, Abdoulie Sissoho saying the jurisdiction lack of merit.
Touray’s charge is in connection with the death of Ousman Koro Ceesay, a former minister of finance, during the time of the junta in 1995.
He was charged with murder, contrary to Section 187 of the Criminal Code Cap 10 Volume 3 Laws of The Gambia 2009.
The Gambia’s Truth, Reconciliation and Reparation Commission (TRRC) last month ordered the arrest and detention of Touray for refusing to testify and for questioning the legitimacy of the commission.
“I have listened very carefully to both submissions and arguments by the Hon. Attorney General and the Defence Counsel with great interest. I believe for proper determination of this matter, there are three (3) issues that fall for determination and they as follows; whether this Honourable Court should refer this case to the Supreme Court of The Gambia for interpretation, whether the accused person is entitled to bail under the circumstances and whether this Honourable Court should adjourned this case after the summer vacation,” he noted.
Justice Jaiteh further ruled that the Touray by merely stating to the court that he claims constitutional immunity is not sufficient in law to warrant the court to make referral to the supreme court, noting that if Touray is interested in raising constitutional immunity, he must come formally before the court or has the liberty to file an originating suit to the Supreme Court for interpretation.
According to the trial judge, from the perusal of the bill of indictment, Touray is charged with murder and the court has the jurisdiction to hear and determine the case.
With regards to the second issue, is whether Touray is entitled to bail under the circumstances, the trial judge referred to section 99[1] of the Criminal Procedure Code, which he said undoubtedly gives the court the discretion to grant bail to any person other than a person accused of an offence punishable with death or imprisonment for life.
Justice Jaiteh further observed that this discretion must be exercised judicially having due regards to the facts and circumstances of the case and in accordance with any statutory criteria for granting bail.
Justice Jaiteh pointed out that Touray is charged with murder which is punishable with death and therefore left with no option but to deny Touray a bail.
with regards to the third issue as whether the court should adjourn the case after the summer vacation which was requested by the prosecution, Justice Jaiteh noted that an adjournment would not occasion delay in the proceedings and thus denying the accused person a fair trial within a reasonable time because the court will not sit over the matter during the summer recess.
Presiding judge Jaime order the prosecution to avail the defence all the necessary information as well as witness statements to enable them to prepare for their defence.
Touray will now appear before the High Court next week to answer to a charge of contempt.