By: Ousman Saidykhan
Justice Sidi K Jobarteh has set Thursday 11th August 2022 for ruling on the bail application filed by the defense in a manslaughter trial involving Sainabou Mbye and two others as both counsels argued for the judge to disregard the other’s submission.
The bail application was formally filed on Thursday 4th August 2022, however, the case was adjourned to the 9th and assigned to a vacation judge to determine whether the accused persons should be granted bail or otherwise.
Defense counsel, Sagarr Jahateh maintained their previous submission that her clients have no charges against them which, she said, meaning the State has no case and should therefore release the accused persons until they are ready.
“There is no reason why they are being detained at the Mile 2 prison,” Counsel Jahateh submitted.
According to the defense, the continued detention of Sainabou Mbaye and Co is a violation of their rights, referencing the International Covenant on Civil and Political Rights and the African Charter etc. to back up her claims.
She argued that the state has not been following the procedures.
“Despite the fact that this case has been adjourned under a few occasions, the applicants are still detained and there are no charges against them.
“This court must exercise its jurisdiction or powers to release them,” the defense counsel said.
The defense argued that the accused persons are being detained and treated at the Mile 2 prisons as if they are prisoners when in reality there is no charge against them.
“We all know that if the accused persons are granted bail now, there is nothing stopping the state from bringing fresh charges against them,” Sagarr told the court.
For his part, State counsel M Sowe argued that they have made it clear to the court that they needed two weeks to file their bill of indictment which he said the defense is aware of.
He said the charge of the case is a transfer case and the charge against the accused persons at the time of the transfer of the case remains the charge contrary to the claims of the defense that there are no charges.
“The averments [of the defense] should be disregarded,” counsel Sowe said.
The State counsel told the court they could not even make head or tail of what the defense wanted, describing their submission as a “misstatement of facts.”
“I don’t even know whether the applicant wants bail or they are talking about the legality of the detention.
“The applicant cannot seek the discretion of the court if they are not being honest,” M Sowe told the court, adding that the court should turn a deaf ear to the defense’s submission.
“At least, they have not been truthful to the court. They don’t deserve the discretion of the court,” state counsel said.
The case was adjourned to Thursday, 11th of August 2022 at 11 a.m for ruling on the bail application.
