Lawyer E. Jah, the defence counsel for the first and fifth accused persons in the criminal trial involving the state against Sulayman Jammeh, alias Daddy Boston, and 18 others, on Tuesday made a bail application for 4 out of the 19th accused persons in the alleged prison break case before the Banjul Magistrates' Court, presided over by acting Principal Magistrate Baboucarr Secka.
Lawyer Jah made this application conditionally for Muhammed Singhateh (the 7th accused), Musa Jallow (the 15th accused), Modou Mbenga (the 17th accused) and Momodou Musa Jallow (the 19th accused) on the grounds that the said accused persons are at the Remand Wing at Mile II because of the charges against them and the charges are all bailable.
Jah revealed that Muhammed Singhateh was discharged and acquitted on the 21st October 2012 and he is currently under custody only because of the charge before the court. He further revealed that the 15th and 19th accused persons, Musa Jallow and Momodou Musa Jallow were both discharged and acquitted on charges of rape. Modou Mbenga, he said currently has another matter at the High Court on a charge of assault where he has been granted bail. He urged the court to grant them bail under Section 99 of the Criminal Procedure Code.
The police prosecutor, Corporal Sanyang opposed the application, saying that the defence counsel is just speculating to the court on the acquittal of the 7th, 15th and 19th accused persons as he did not show the court any document to confirm that they were indeed discharged and acquitted. Sanyang further agued that the said accused persons if granted bail can abscond, and therefore urged the court not to grant the bail application.
At that juncture, the case was adjourned to today, 6th December 2012, for ruling.