FOROYAA Newspaper (Serrekunda)
Kebba Camara
10 July 2009
Seven young charged to the Brikama Magistrates' Court with Conspiracy to defraud, Obstructing a police officer and drug trafficking were on Wednesday 8 July refused bail by the court.
They are Ansumana Fatty, Lamin Sima, Fernando Co, Tijan Ndure, Baboucarr Cham, Lamin Kah and Ansumana Fatty. All the seven accused have pleaded not guilty to the three charges. The drug squd officers are charged with conspiracy to defraud and obstructing a police officer, while the others are charged with drug trafficking.
Defence counsel Mboge, Jobarteh and Sanyang appeared for the accused persons, whilst Bakum appears for the state.
When the case was called, Bakum told the court that the case went to the Attorney General's office for legal advice and that he didn't know that the case was to proceed today; that in that regard he is asking for an adjournment so that they can fully prepare themselves. He told the court that they want to amend the charges after going through all the files.
Defence Counsel Jobarteh, at this juncture, told the court that he doesn't want the case to be adjourned. He told the court that the accused persons were arrested since 31 May and are appearing in court on the 8 July as their 3rd appearance and that the case has not moved. He noted that this is a matter that should not be encouraged by the court.
"Counsels and magistrates are sleeping well under fans and air conditions, whilst the accused persons are sleeping with the mosquitoes at Mile 2," said Lawyer Jobarteh.
He cited section 19 subsection (5) of the Constitution Code to section 99 of the Criminal Code regarding bail.
Lawyer Jobarteh further went on to tell the court that the accused persons "Are not accused of murder or treason or otherwise; that all the offences charged are bailable; that it is not an excuse for the State to say that they are not still prepared."
Jobarteh stressed that Bakum can't come and hold the court at ransom. He said the court should really consider the time frame of the detention of the 7 accused persons.
Defence Counsel Mboge also told the court that any person who is brought to a court of law and the person is not charge for murder or similar offences should be granted bail. He said if the court should be adjourning without bail to the accused persons, then they are violating the fundamental human rights of the accused persons.
"The charges are not serious and they are just allegations which are not proven yet," he argued. He urged the court to do justice to the accused in accordance with law.
Lawyer Sanyang, who also appeared for the 4th and 5th accused, made similar arguments. At this juncture, the presiding magistrate, Freddie Foster, asked for ten minutes to go to chambers and to come back to give his ruling.
Magistrate Foster, in his ruling, refused the accused persons bail saying "Mr. Bakum applied for the adjournment of the case because they want to amend the charges which application is granted. "I have listened to both sides and the state counsel said they are not done with their investigations. This is why court should be given chance to go through all the charges and adjourn the case till 14 of July."
The accused persons were escorted by PIU officers back to Mile 2, the case continues on the 14 of July 2009 at 12 noon.
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