NIA officers bail bond reviewed

Edrisa M’Bai, the principal magistrate at the Banjul magistrate court on monday reviewed the bail condition of the two NIA officers, Demba Sowe and Babucarr Jallow ,who are currently standing trial on charges of abuse of office. The pricipal magistrate granted the duo a court bail  to provide one surety with a title deed which must be within the Greater Banjul Area with a valid Gambian ID card.

The pricipal magistrate’s decision to review the court’s earlier bail condition for either the commissioner or Director General of the NIA as a surety came after submissions and countered submissions made by both the prosecution officer, Supreintendent Badjie and Lamin Camara,counsel for the accused persons.

When the case was mentioned, the police prosecutor informed the court that the said case file was sent to the Attorney General (AG) Charmbers for legal advice and AG Charmbers returned the file to the police department with recommendation for further investigations.” Your worship investigations were done and the police where able to get additional information as required by the AG Charmbers.

As I am speaking to you, this case file has been re-sent to the AG Charmber for further recommendations. These two accused persons where brought to the police by the NIA. We are not yet ready with the case for prosecution, we only came to the court, because  we don’t want to keep them beyond the legal recommention, they were arraigned in court and where granted bail. As such the prosecution is applying for an adjournment for possible prosecution’’, he said.

Lamin Camara, counsel for the accused persons did not object to the application of the prosecution but urged the court to revisit the bail conditions of the accused persons. ”Your worship we crave the indulgence of the court to review the bail conditions earlier on imposed by the court for  reasons that the accused persons were not able to meet the conditions. The accused and their families are suffering from a grievous hardship by virtue of their continuous detention.

We would be greatful if the court grants this application by imposing a bail condition that will ensure their appearance in court on every hearing date of the case. Granting this application would mean the families, wives and children of the accused persons will be celebrating a feast of Koriteh”, the defence counsel told the court.

Police prosecutor Badjie, countered the defence by saying, its not for the court to make decisions and revisit it. “My lord the prosecution has made his application with legal authority. The accused persons are all Gambians likewise the police and the NIA, The accused were police officers before joining the NIA”, the prosecutor explained to the court.

Magistrate Edrisa M’bai, handing his ruling on the issue, said he carefully listened to arguements made by both the defence and the prosecution  on whether the court should revisit its decisions by reviewing the bail conditions earlier on imposed. The principal magistrate noted that, the said case was brought in court on the 19th of September 2008, but did not proceed. “Whatever the case may be, it is the law that, an accused person or persons is or are considered innocent untill proven guilty”, and went ahead to grant the accused bail. The case was adjourned to 29th October for continuation.