By: Ousman Saidykhan
Justice Ebrima Jaiteh of the Banjul High Court has disregarded the defence counsel’s oral application for the accused persons to be granted bail in a case involving Sainabou Mbaye and two others.
The defence applied for the court to grant the accused persons bail after the state applies for a short adjournment as they wait for an autopsy on Baby Muhammed to file an indictment.
“We will need a week or two,” prosecution counsel, P Gomez told the court.
The judge said the defence counsel’s application was not proper. He said the defence should have written a motion on notice and served the prosecution because oral applications can be heard after indictments are filed.
“I will suggest that you come with your application, formally,” Justice Jaiteh said, adding that “even if you serve the state, they will have up to 48 hours to respond to your motion.”
However, defence counsel C Gaye, argued that nothing is stopping the court from granting the accused person bail because there is nothing before the court besides the transferred files.
“The accused persons cannot continue to suffer because they [the state] are putting their house in order,” counsel C Gaye argued.
On the other hand, the prosecution counsel argued that it would be misinformation for the defence to say there was nothing before the court.
“We are strongly opposing that application because Manslaughter is not bailable,” says Counsel P Gomez.
The case was adjourned to Friday, 5th August for further mentioning.
Sainabou Mbaye, alongside her brother, Cherno Mbaye and Kibilly Dembally were all arraigned before Justice Ebrima Jaiteh of Banjul High Court for mentioning of their case.
They are charged with Manslaughter which is a capital offence and attracts life imprisonment as per the laws of the country.
The accused persons were first arraigned before the Kanifing Magistrate Court on the 26th of July 2022. However, the Magistrate transferred the case to High Court because he lacks the power to try capital offences.
The trio are charged for their alleged involvement in the incident that led to the death of Muhammed, the child at the heart of the Bob Keita rape trial.
Muhammed Mbaye was allegedly left in a hot vehicle with all doors and windows locked.
He passed out in the vehicle and was rushed to Afrimed Clinic, then to Edward Francis Small Teaching Hospital and subsequently flown to Dakar on Monday 4th July 2022 With his Aunty, Sainabou Mbye.
He passed away in Dakar on the 10 of July 2022.
