By Momodou Justice Darboe
The High Court in Banjul Monday dismissed the bail application made on behalf of Yankuba Touray who is currently standing trial for murder, remanding him in custody until October 14.
The court also ruled against the constitutional immunity claim that Yankuba Touray insisted upon during his last Monday court appearance.
It would be recalled that Yankuba Touray last week appeared before Justice Ebrima Jaiteh on allegations of causing the death of a former Gambian finance minister in 1995 but he refused to say whether he was guilty of the alleged crime or not, insisting that he was relying on a constitutional immunity purportedly extended to him by the Constitution of The Gambia.
His lawyers, led by Abdoulie Sisokho, also made an application on his behalf for him to be given liberty and granted bail as his case proceeds.
But delivering his rulings on Touray’s constitutional immunity proclamation, his bail application and the attorney general’s application for the matter to be adjourned until after the vacation, Justice Ebrima Jaiteh explained that the constitution of the Gambia has made provisions for granting of bail to any accused person or persons but he clarified that the law books did not make any provision for granting bail to any person or persons allegedly involved in crimes that attract life imprisonment or death.
According to Justice Jaiteh, murder, under the laws of the land, is a serious crime that can attract death. He said that in view of the severity of the charge of murder against Yankuba Touray, the court has concluded that he should not be granted bail.
Touching on Touray’s constitutional immunity plea and his lawyers’ application for the matter to be referred to the Supreme Court for interpretation, Justice Ebrima Jaiteh made reference to earlier submissions by the attorney General and minister of Justice that Touray’s claim to constitutional immunity was both vague and broad and will, therefore, pose a challenge to the jurisdiction of the high court to preside over the his case. Justice Jaiteh held that Yankuba’s claim to constitutional immunity was open to conjecture as he made no reference to any specific constitutional provision to substantiate his claim. He said Touray’s mere claim to constitutional immunity was not sufficient for the referral of matter to the Supreme Court for interpretation.
On the application made by Touray’s lawyers for the matter to be heard on daily-basis as opposed to the application made by the attorney general and minister of justice for the case be stood down until after the vacation, Justice Jaiteh ruled that in the interest of fair trial, the prosecution needed time to put their house in order. He posited that he was not of the belief that an adjournment will affect the progress of the case. He, therefore, adjourned the case to October 14th for continuation.
Meanwhile, scores converged at the Arch 22 today to show solidarity to Yankuba Touray. People could be seen waving and shouting words of encouragement as the prisons van, conveying him drove past through the crowds.
