Justice Moses Richards of the Special Criminal Division of the Banjul High Court on Tuesday 20 October, issued a stern warning in the case of the sixteen men charged with terrorism related matters, that if the state fails to comply with the Court order to file in the proper indictment and a formal charge sheet before the Court, he would have no options but to consider hearing applications for bail for the sixteen men.
When the case was called, state counsel Mr. Yusuf appeared for the State on behalf of S.H Bakum, lawyer Assan Martin announced his representation for Sergeant Sam Kambai, Kemo Conteh and Abdou Jatta, while Lamin S. Camara appeared for Kebba Seckan. The remaining twelve men are being represented by Edrissa Sissoho as a state brief case.
Counsel Camara raised a concern about the fate of the accused men. Camara told the court that on four occasions, the State could not file any proper charge against the men and that the state is yet to serve the defence with indictments. Camara argued that the sixteen men are yet to be charged before the court for plea taking. He argued that if the state did not comply with the Court order, then it is useless for them to come to court. He urged the court to order the State to formally charge the sixteen men for plea to be taken. The State counsel Mr. Yusuf, told the Court hat he did not know what actually happened at the Brikama Magistrates' Court before the case was transferred to the High Court.
Justice Richards ruled that the State cannot charge people and move them from one court to another without them knowing what is dangling on their heads. He told State counsel Yusuf that nothing absolutely happened at the Brikama Magistrates' Court concerning the case. He ruled that the case needs to be expedited. He ruled that by the next sitting date if the state fails to file in all the necessary documents and serve the defence with indictments, the Court would consider an application for bail for the accused persons. He added that if the State has any witness, they should bring them to Court for the trial to begin. The case is adjourned to 29 October.
The sixteen men, four Gambians and twelve Senegalese citizens are accused of terrorism related matters. They are accused of conducting and engaging themselves at Darsilameh in Western Region on 8 August 2006 in a manner that can seriously destabilize or may destroy the fundamental, political, constitutional, economical and social structures of the Gambia. They are charged under section 3(1) of the Anti Terrorism Act 2002.
The sixteen men are, Alasana Thomas Jarju, Maulud Badjie, Lansana Prosper Sambou, Ousman Jarju, Mansour Jatta, Sedat Jatta, Fabia Nyafuneh, Pap Ousman Badjie, Abdoulie Jatta, Sedat Jatta, Mumini Bah, Abdoulie Jarju, all Senegalese citizens. Sergeant Sam Kambai, of the Gambia Armed Forces, O/C Kebba Seckan of NIA, Kemo Conteh and Samsideen Jammeh, all Gambians.
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