Monday, April 22, 2024

Juvenile granted bail after over 2 years in Mile II without trial

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By Alieu Jallow

After two years and five months of detention without trial, a juvenile who was arrested on murder charges has been granted bail of D500,000 by the High Court.

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The applicant was arrested on the charges of murder and remanded in custody by the Brikama Magistrates Court on 16th September 2021 and the case was transferred to the High Court for trial on the indictment.

Defence counsel for the applicant Counsel O Susso submitted that the applicant spending over 2 years and 5 months at Mile 2 Central prison without trial is a total violation of his rights to be tried within the reasonable time as envisaged under section 25 of the 1997 Constitution.

Counsel Susso argued that the respondent had not adduced sufficient reasons that justify the continuous detention for over 2 years without trial. Counsel Susso argued for the court to grant prayers and award the applicant D1 000 000.

The presiding Judge relied on section 24 (3)(a) of the 1997 Constitution that states an accused person is presumed innocence until proven guilty and section 211 and 212 of the Children’s act 2005. It is thus in this condition that the presiding Judge exercise his discretion to favour the applicant by granting him bail on the following conditions:

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1. Bail is granted to the applicant (name withheld) in the sum of D500,000 2. That the applicant must provide one Gambian surety and depose to an affidavit of mean in like sum.3. That the surety shall deposit with the principal registrar of the High Court the original tittle deed or free hold property in respect of his or her said property together with a valuation report on the property issued by an officer from the lands department or any government recognised estate valuer on a date not earlier than the date of this order. 4. The Director of Public Prosecution (DPP) is to file formal charges against the applicant at the Children’s Court within three months of this order. 5. That the failure of the DPP to file any charge(s) against the applicant from the date of this order, the bail of the applicant shall elapse and be discharged from the Mile 2 remand with or without surety.

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