By Kebba Jeffang
Sagarr Jahateh, the lawyer for Mr. Momodou Sowe who was
released yesterday, 21st January 2015 from Mile 2 Central prison after
having spent more than two years in detention without charge, urged
the court to make a declaration that the detention of her client is
illegal.She made this submission yesterday, Thursday, 23rd January, before
Justice Simon Abi of the Banjul High Court.
When the matter was called, the Director of Public Prosecutions (DPP),
Hadi Saleh Barkhum, was not in court but Sagarr Jahateh, the counsel
representing the applicant, appeared in court. Modou Sowe was also present.
Lawyer Jahateh told the court that her client who was detained for
over two years has now been conditionally released on Wednesday, 21st
January, 2015 and has reunited with his family. She, however,
maintained that the manner in which her client was released is
contradictory to the motion calling for his unconditional release, adding that he was released on police bail and has not yet been charged for any offence.
Lawyer Jahateh further argued that the state should have been present
as was ordered by the court during the last sitting but they have
failed to appear.
She said she will be giving the state another opportunity for them to
appear at the next adjourned date, adding that if they failed to
appear again then she would continue with the motion.
She promised that they will pursue a dialogue with the state
concerning the matter.
“We are urging the court to make a declaration that my client’s
detention is illegal,” said counsel Jahateh.
Justice Abi congratulated Mr. Sowe for his release.
The matter, at this juncture, was adjourned till 12 March, 2015 at 12noon.
By Kebba Jeffang