By: Ousman Saidykhan
Magistrate Jabang of the Kanifing Magistrate Court has rejected the bail application of one Ebrima Jallow, who is accused alongside his father of stealing more than D250,000 after considering what he referred to as a “Wake-up call” from the abscondence of the accused’s co-chargee in the case.
The Magistrate’s ruling came after the prosecution made an application for rejection of the bail of the second accused on fears that the second accused would likely interfere in the investigation being conducted by the police.
Lawyer for the accused argued that the police have already done their investigation which is why his client was arraigned before the Court, asking the court to grant his client bail even if it has to be on stringent conditions.
“Before I apply stringent bail conditions, is better I refuse. Therefore, bail application for the second accused is refused. And he shall be remanded,” Magistrate Jabang ruled.
“The second accused is not separately charged. He is jointly charged with the first accused. So, if the first accused can abscond without thinking twice, I think it should be a wake-up call for the court when dealing with the bail issue for the second accused,” he added.
Ebrima was arraigned before the Magistrate for their (him and his father) alleged conversion of 3, 800 Pounds equivalent to D266, 000 (Two hundred and sixty-six thousand dalasis) into personal use.
The money was allegedly transferred by one Badara Sanneh from UK to A&K Bureau where Ebrima and his father work.
His father, who is the first accused person, is still at large according to the prosecutor.
“We have the strong belief that if the second accused is granted bail, he will abscond which will render the trail of this case impracticable, ” the prosecutor said in his argument against the bail of the second accused, asking that the accused be remanded pending the outcome of the investigation.
On the contrary, the defense agued that the police must have done with the investigation warranting the prosecution’s arraignment of his client before the court.
“He has been in custody for more than 72 hours. Time has been exhausted and for the prosecution to say they are investigation is unfounded,” defense argued.
He argued that his client is a Gambian whose criminal record is clear and will not abscond if granted bail.
“We urge the court to use its discretion to grant the second accused bail.”
The Magistrate has also granted a bench warrant as applied by the prosecution for the arrest of the first accused, Alpha Jallow. If arrested, the court ordered for his detention till the adjourned date where he will face the charges against him.
The matter was adjourned to the 12th of September 2022.
