By AbdulKarim Jaiteh
After spending almost month in detention, the High Court judge in Banjul on Monday granted bail to the eight members of the troubled local pressure group- “3 years Jotna movement” after the state raised no objection for bail following new amended bill of information filed by the state prosecutors.
The trial judge made six conditions which includes the suspect’s ability to keep the peace among others before finally granting bail to the suspects.
It was a moment of joy for the love ones, family members and the suspects who walked freely from the premises of the court after they had a brief taste of freedom on bail.
The bail came following a heated debate between the Defence team and a team of state lawyers as whether the suspects should be granted bail or not when the case initially resumed before Justice Amina Saho-Ceesay fortnight ago.
One of the Defence lawyers earlier argued that the suspects should be granted bail as all the offences they are charged with are all bail able offences while drawing the attention of the court to the cardinal principle of criminal justice system.
When the case resumed on Monday for the state to respond to the bail application filed by the defence team, the lead state counsel, K Taal informed the court about the new amended bill of information filed before the court.
As a result of this new amended bill of information, the state counsel submitted that they were not opposing bail of the suspects and urged the court to use its discretional powers to grant bail.
Delivering her ruling after going through the records of the case filed for almost an hour, the trial judge, Justice Amina Saho-Ceesay cited various sections of the Constitution, Criminal Procedure Code as well as the fundamental rights of the suspects, observed that bail should not be withheld as a form of punishment.
“As judges we should not dance to the music play politicians rather, we should be impartial, none bias is the trade of judges, Justice Saho-Ceesay observed as she also cited similar cases which includes the case of Buhari and the Nigerian Electoral body to back her verdict.
The trial judge at that point granted bail to each of the suspects in the sum of D200,000 with two Gambian sureties. She further ordered the suspects to surrender all their documents including travelling documents to the registrar of the court.
The matter was consequently adjourned to 25 March for plea taking after the state requested for thirty days adjournment which was not objected by the defence team.
The suspects are, Abdou Njie, Ebrima Kitim Jarju, Sheriffo Sonko, Hagi Suwaneh, Fanta Mballow, Karim Touray, Yankuba Darboe and Muctarr Ceesay.
According to the bill of indictment filed by the prosecutors, the suspects on January 26 at Sting Corner jointly and unlawfully took part in an unlawful assembly.
Police prosecutors further alleged that the suspects on the same day and place disregarded the proclamation made by the deputy Superintendent of police Alagie Jallow in the name of the president to disperse peacefully after the expiration of the proclamation and thereby committed an offence.
The bill of indictment further revealed that the suspect riotously assembled and unlawfully destroyed GTTI students’ waiting shed by setting it ablaze.
