By Rohey Jadama
When the case was called, S.H. Barkum, the Director of Public Prosecutions (DPP), O. Danso and B. Jaiteh announced their representation for the state, while the applicant was represented by Lawyer Combeh Gaye-Coker and Segga Gaye.
Replying on points of law, Lawyer Gaye-Coker said the court has power to grant bail to her client and for her to not only answer to the charges at the Banjul Magistrates’ Court but any other charges filed before this court. She urged the court to use such powers to grant bail.
Counsel Gaye-Coker submitted that the charge being faced by her client is a bailable offence and as such the court should grant the applicant bail. She said the burden is on the prosecution, which is opposing bail, to prove that the charge being faced by the applicant does not warrant bail but that the prosecution failed to do.
“Learned DPP submitted that the more serious the offence, the more likely the accused jumping bail. Me lord, the same submission was made by the DPP in the case of Momodou Sabally vs the State during his bail application and the trial judge granted bail to the accused person,” submitted lawyer Gaye-Coker.
Counsel Gaye-Coker told the Court that the allegation of torture is raise in the affidavit in support, in paragraph 16 and 17 and that the said allegation was denied in paragraph 3(c) of affidavit opposing the bail filed by the prosecution. She cited numerous authorities to counter the submission of the DPP.
She finally urged the court to grant bail to the applicant and in such terms and conditions that are reasonable so that he can make himself available for trial.
The case was adjourned till Wednesday 19th August, 2015 at 10am for ruling.
Readers would recall that police prosecutors alleged that Alagie Abdoulie Ceesay on or about the 16th day of July, 2015 in Banjul and diverse places within the Republic of the Gambia, distributed pictures of president Yahya Jammeh to one Zainab Koneh and Fatou A. Drammeh through his Africell mobile sim card showing a gun pointed at the president, with the intention to raise discontent, hatred or disaffection amongst the inhabitants of The Gambia.