Legal Matters News

Sainabou Mbye & Co await Vacation Judge’s decision on bail application

by Demba (Banjul correspondent).

Sainabou Mbye, CEO of SAACS Beauty and her brother Cherno Mbye and one Kibili Dambelly, said to be a family friend of Sainabou Mbaye’s family, on Friday, 5th August 2022, appeared before Justice Ebrima Jaiteh of the High Court in Banjul.

The accused persons were earlier charged with manslaughter at the lower court in Kanifing before the case was transferred to the High Court in Banjul.

During their second appearance at the high court on Friday, the Defence Counsel Sagarr Jahateh demanded the immediate release on bail of her clients, given the fact that the State is not ready and the accused are not yet charged.

State Counsel Muhammed Sowe objected to the Defence Counsel‘s request, stating that his colleague State Counsel Patrick Gomez had informed the court during the last sitting that the State needs at least one or two weeks to file an indictment and this period has not yet elapsed.

He then urged the court not to grant the accused persons bail.

Defence Counsel Sagar Jahateh complained about the poor conditions of the State Central prison Mile 2, claiming that the accused persons cannot be continuously detained without charge.

In his ruling, Justice Jaiteh said the State needed time to file an indictment but stressed that the court will not entertain anything that is calculated to delay the trial. He then adjourned it to the next term, 4th and 5th of September to determine the legality of the case.

Meanwhile, on the issue of the application filed by the Defence Counsel to grant the accused persons bail, the State Counsel claimed that they received the Defence‘s application file yesterday and they need time from today, (Friday) until Monday to file an Affidavit of opposition. He also promised to write, scan and send the said Affidavit of opposition to the Defence Counsel which was unanimously accepted.

Justice Jaiteh ordered that the file be transferred to the vacation judge on Tuesday 9th August 2022. He informed the court that he would be out of the jurisdiction by that time but the vacation judge will handle the bail issue.

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