By Alieu Jallow
Justice Ebrima Jaiteh of The Gambia’s High Court on Monday granted bail of D1 million dalasi to Lamin Jallow, who had been arrested by the drug law enforcement agency and remanded on charges of possession of prohibited drugs.
Earlier, the Brikama Magistrates Court had remanded him on charges of possessing prohibited drugs, which is an offence under section 43(4) of the Drug Control Act and is in line with section 99(1) of the Criminal Code Procedure (CPC).
Justice Jaiteh, in his ruling, referred to section 24 of the 1997 Constitution which presumes the innocence of the accused until proven guilty. Therefore, the judge exercised discretion and granted bail to the applicant, Lamin Jallow, on the following conditions:
1. A bail grant of D1million
2. The applicant provides one Gambian surety who must depose an affidavit of the means in the like sum.
3. The applicant is to deposit his or her title deeds or free to hold title of land property with the principal registrar of the High Court with a valuation report not later than the court order.
4. The applicant is required to attend every court sitting up to judgment.
5. The Drug Law Enforcement Agency (DLEA) is to relist the drug case against Brikama Magistrates Court on or before but not later than 3 months from the date of this order.
6. The failure of the DLEA to relist or file charges against the applicant shall elapse and he shall be discharged from remanded prison with or without sureties.
Similarly, Justice Jaiteh granted bail to a man named Badou Jagne who had been caught stealing from a motor vehicle. The charges against him were contrary to sections 368 and 256(a) of the criminal code of the Gambia. In his ruling, the presiding Judge stated that the offence was bailable within the meaning of section 99(1) of the Criminal Procedure Code (CPC).
Jagne was granted bail on a sum of D100,000, provided that he could provide a Gambian surety who must depose an affidavit of the means in the same amount. Additionally, Jagne must attend every court sitting and remain present until the judgment is rendered.
