Gambia - UDP treasurer denied bail for third time

“The case for the grant of bail according to the affidavit of the 3rd accused is that, his poor health condition and practice as a chartered accountant is being adversely affected by his continuous remand in custody. There was a late affidavit in opposition filed by the prosecution,” he said.

It was their averment that the offences under charge are such as to negatively affect the economic and diplomatic relationship of The Gambia with other sovereign states, he added.

“Both sides addressed me at length, and the defence made extensive reference to the guiding principles on the grant of bail. But the bottom line is that, those guiding principles only help a court to exercise its discretion judiciously. So the issue of bail is a matter that falls within the discretion of the court,” said Justice Nkea.

“Having already exercised my discretion against the grant of bail twice on this matter, and for the reasons that are contained in my rulings, dated 23 October, 2013, and 7 November, 2013, I find that there has been no substantial change in the circumstance of this case to warrant a change of position, and it would be unwise for me to do so now,” the judge stated.

“In view of the foregoing, I am hesitant to exercise my discretion in favour of the grant of bail. I will accordingly refuse to grant the prayers sought, and order for an expedited hearing of the substantive suit. And this could be on a day-to-day basis if convenient to both sides,” declared the judge.

Whenever the 3rd accused was sick, he should be made to see a doctor, he indicated.

The case was then adjourned to 25 November 2013.

The state in count one accused Malang Fatty, Sambou Fatty and Amadou Sanneh (National Treasurer of United Democratic Party), sometime in September 2013, at Banjul and in diverse places in The Gambia, within the jurisdiction of the court, conspired amongst themselves to commit an act with seditious intention and thereby committed an offence.

Count two stated that Malang Fatty, Sambou Fatty and Amadou Sanneh (National Treasurer of United Democratic Party) sometime in September 2013, at Banjul and within the jurisdiction of the court, with the intent to bring hatred or contempt or excite disaffection against the person of the President of The Republic of The Gambia or the Government of The Gambia, printed malicious document titled “ATTESTATION” on a letter headed paper of the United Democratic Party (UDP) and thereby committed an offence.

Count three indicated that Malang Fatty sometime in September 2013, at Banjul and elsewhere in The Gambia and within the jurisdiction of the court, had in his possession a seditious document titled ‘ATTESTATION’ and thereby committed an offence.

The state in count four further accused Amadou Sanneh (National Treasurer of United Democratic Party) that sometime in September 2013, at Banjul and within the jurisdiction of the court, falsely made a declaration before one Bakary Baldeh, a Commissioner of Oaths with knowledge that the said declaration was false and thereby committed an offence.