By Rohey Jadama
Justice O. Otaba of the special criminal division of the Banjul High Court on Tuesday 6 December, 2016 granted bail to Mrs. Sira Wally Ndow Njai and two others.
Mrs Ndow Njie, the former Deputy Petroleum Minister and Mr. Momodou O.S Badjie, former Managing Director of Gambia National Petroleum Company were granted bail in the sum of 1.3 Million US Dollars each and for Mr. Noah Touray former Secretary to cabinet, 1 million Dalasis.
The trio are standing trial with six other accused persons who were granted bail earlier. However the bail applications of these three were turned down by the court four times.
The six other accused persons are Fafa Sanyang, Cherno Marena, Seedy kanyi, Muntaga Momodou Sallah, Momodou Faal, Louie Moses Mendy, and Madun Sanyang.
When the case was called Hadi Saleh Barkun, the Director of Public Prosecution (DPP) and A. Yakubu appeared for the state, while Lawyer Antouman AB Gaye, Sheriff Marie Tambedou, Omar MM Njie and Combeh announced their representation for Mrs-Ndow-Njai, Lawyer Ebrima Sanneh appeared for the 2nd, 3rd,5th ,,9th and 10 defendants, Lawyer Amie N.D Bensouda, Rachel Y. Mendy, Borry S. Touray, B. S. M Conteh and Yassin Senegore appeared for the 4th accused, Lawyer E. Chime for the 6th accused S. Taal for the 7th accused and Rachel Y. Mendy and Ebrima Sanneh appeared for the 8th accused .
Delivering his ruling on Mrs.Ndow-Njai’s bail application, Justice Otaba said the applicant filed a motion dated 26 October, 2016 and attached to the application are exhibits.
He said a copy of the applicant’s medical report from Edward Francis Small Teaching Hospital is attached. Justice Otaba said the state filed an affidavit of opposition.
“I have critically examined all the processes filed. The medical report shows the applicant is suffering from a medical condition which cannot be cured in the Gambia”, he said.
According to Justice Otaba there is material change of circumstance in the case. He said he will exercise his discretion in favour of the applicant and granted bail to her on the following conditions.
That bail is granted to her in the sum of $1.3 Million US Dollar with three Gambian Sureties;
That the applicant should submit her international travelling documents to the court.
A landed property in the like sum.
At this juncture Lawyer Gaye told the court that his client’s passport are under custody.
Justce Otaba granted bail to Mr. Badjie in the same sum and conditions as Mrs.Ndow-Njai.
For Mr. Noah Touray Justice Otaba said there is radical change of circumstance because in the previous charge sheet he was charged with many charges and for the new bill of indictment he is only charged with one count of destroying evidence.
He subsequently granted bail to him in the sum of 1 million dalasis with one Gambian surety. He ruled that the applicant should submit his travelling documents to the court, submit two passport photos of himself and for his surety to swear to an affidavit of means.
At this point Lawyer Sanneh, defence Attorney for Mr. Madun Sanyang adopted the bail application of Mr. Sanyang.
Justice Otaba at this juncture, adjourned the case till today 7 December, 2016 3pm for ruling on Mr. Sanyang’s bail application and further hearing.