THE UDP LEADER AND 24 OTHERS APPEAR BEFORE MAGISTRATE BORRI TOURAY IN BASSE
While High Court Grants Bail

Twenty five persons who are charged under section 187 of the Criminal Code
for murder in relation to the death of Alieu Njie appeared before Magistrate
Borri Touray to apply for bail.

They are Ousainou Darboe, Abou Karamba Gassama, Majanko Samusa, Mbemba
Tambedou, Dembo Bojang, Madi Ceesay, Yaya Jallow, Lansana Jobarteh, Lang
Marong, Lamin Sey, Sainey Jadama, Kebba Fatty, Yusupha Cham, Adama Jallow,
Sarjo Kunyang Sanneh, Fatou Darboe, Baba Drammeh, Lamin Cham, Mboge
Saidykhan, Alhajie Eliman M.L. Bah, Shyngle Nyassi; Dembo Karang Nyima
Bojang, Dodou Sanneh, Amadou Sanneh, and Rilwan Secka.

A police officer, Sarjo Trawalley, explained the circumstances of the case
to the magistrate. According to him, the State does not have the right to
detain the accused for over 72 hours; that in that regard, they had to come
before the magistrate court to apply for their remanding in custody pending
their appearance in court; that bail should be granted only by the High
Court; that they would therefore want the magistrate court to act with
regards to the remanding of the accused so that they will be taken to the
High Court.

Arguing on behalf of the accused persons, Mr Ousainou Darboe, leader of the
UDP, indicated that he and the members of his entourage have not had access
to a legal practitioner which is a constitutional right; that they also have
the right to be represented since the State was being represented; that he
was not exercising the privilege of being a barrister because he was facing
a murder charge.

He reminded the court that the objective of bringing them before the court
is to secure a remand warrant because, according to Sergeant Trawalley they
do not want to violate the 72 hours period provided for in the Constitution.
He said he did not want to say anything about the 72 hour period, but that
the Gambian and international community will be the best judge of the
judicial order.

He argued that the courts have their jurisdictions and would want the
appropriate thing to be done.

The ruling of the magistrate is as follows:

1. That the matter be transferred to the High Court for a proper decision to
be taken on the issue of bail.
2. That the accused persons be escorted to Banjul (Wednesday, 21 June 2000)
by the Commanding Officer of Basse Police;
3. That the file be transferred to the Chief Justice in pursuance of the
order;
4. That the accused person be detained at the Banjul Police Headquarters
overnight, and that the detention is to last for 24 hours;
5. That under no circumstances should the accused person be remanded unless
the High Court so authorizes.

BAIL GRANTED BY HIGH COURT

At the time magistrate Borri Touray was making his ruling, another
application was being heard by Justice Kabalata. The affidavit was sworn by
Femi Peters, and a group of lawyers comprising Mr Antouman Gaye, Mr Ousman
Sillah, Mrs Mariama Denton, Mrs R. Mendy and Ms Joof were there at the
beginning. Ms Ida Drammeh, Mr Bola Carrol and Mrs Amie Bensouda came in
later.
Mrs Rugi Thomasi, Ms Salawada and Mr Hydara appeared for the State.

Mr Gaye, leading the counsels, indicated that the State has not submitted
any opposition to the affidavit sworn in by Femi Peters which originated on
the grounds of seeking bail under section 19 of the Constitution and section
99 of the Criminal Procedure Code.

Mr Gaye dealt with the various paragraphs of the affidavit. He pointed out
that Mr Peters did question why an escort to the police station that started
as protective custody turned out to be an arrest and detention. He dealt
with the question of 72 hours detention and the issue as to whether a murder
charge is bailable or not in The Gambia.

He concluded by asserting that murder charge is bailable in The Gambia; that
the 72 hours have lapsed since they were under detention since the 18 June,
and that Mr Darboe who has been practising law for 30 years with two wives
and children would not abscond. He also referred to Dembo Bojang and Abou
Karamba Gassama as National Assembly members; that Yaya Jallow was a former
Permanent Secretary and Amadou Sanneh was a former Accountant General; that
all these people have families and homes and are too responsible to abscond.
He, therefore, applied for bail to be granted.

In her reply, Mrs Thomasi indicated that they received the application on 21
June; that the matter was before magistrate Borri Touray in Basse in terms
of the question of remanding the accused; that the Attorney General's
Chambers is not aware of the developments in Basse; that time should be
given for the magistrate to determine what to do.

Before she continued with her argument, a message came from the Attorney
General's Chambers which led Mrs Thomasi to inform the court that Magistrate
Borri Touray had in fact referred the case to the High Court.

She cited subsections of section 19 of the Constitution and submitted that
the 72 hours period have not lapsed and that granting bail was still
premature.

Mr Gaye's reply was that what was indicated in Mr Peters' affidavit stood
uncontested.

Justice Kabalata ruled that considering section 19 of the Constitution and
section 99 of the Criminal Procedure Code, and as sworn by Femi Peters in
his affidavit, and the fact that there was no opposition to the application;
arguing that murder cases are bailable offences in The Gambia, and that the
applicants are people with responsibilities, he granted them bail of
D1000.00 (one thousand dalasis) with three sureties who are Gambians.

As we went to press, we have gathered that the 25 accused persons have
boarded vehicles belonging to the State and are being guarded by the
National Guard and have left Basse and are heading towards Banjul. The other
members of the UDP entourage and the vehicles were still in Basse up to 7.30
p.m. Wednesday, 21 June 2000. We will inquire about their fate in the
morning should we discover that they are still in Basse.

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html

----------------------------------------------------------------------------