8 February 2013

Gambia: Defence to Make 'No Case' Submission in Prison Break Trial

Defence counsel Ebrima Jah on Thursday, 6th of February, announced to the Banjul Magistrates' court presided over by acting Principal Magistrate Dawda S Jallow that he will file a 'no case to answer' submission on behalf of his clients who were accused of breaking the walls of the toilets at the State Central Prison at Mile II.

Counsel Jah further informed the Court that he is offering his services prono voir to the other accused persons who did not have legal representation before.

The application for the representation of the rest of the accused persons was upheld by the trial magistrate and the said counsel is to represent all accused persons henceforth.

The defence counsel further submitted that he wished to apply for bail on behalf of Etienne Mendy (5th accused) and Momodou Musa Jallow (15th accused). He said both accused persons only face the current charge against them which, he added, are bailable misdemeanor offences and pursuant to Section 99 of the Criminal Procedure Code CPC). He urged the court to grant them bail.

Counsel further submitted that Etienne Mendy was in prison custody for a year, while Momodou Musa Jallow spent more than that period at Mile II. He said both of his clients are Gambians and have responsible citizens who are willing to stand as sureties for them.

He finally prayed for the court to grant his application for bail.

Corporal Saja Sanyang did not raise any objection with regards to the bail application but clarified that Mendy being in custody for a year has no connection with the current charged but a case he (Mendy) had with the National Drug Law Enforcement Agency (NDEA).

Both accused persons were admitted to bail with one Gambian surety each who must enter recognizance in the sum of twenty thousand dalasi and swear to an affidavit of means and as well as to deposit their national identity cards.

The case is adjourned to the 25th of this month, 2013.

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