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Gambia News : Justice Wadda Grants Supt. Sanyang, Lt. Camara Bail

Superintendent Manlafi Sanyang and Lieutenant Bakary Camara of State House, were on Thursday, 14 February, 2008 granted bail by Hon. Mrs. Na Ceesay Salla Wadda of the High Court in Banjul.

Sanyang, who is in charge of government vehicles at State House, and Camara, a presidential body guard, were remanded in custody by Magistrate Kayode H. Olajubutu of the Banjul Magistrates Court, following their appearance before him, charged with three counts of criminal offences. However, Lawyer Lamin S. Camara had filed a bail application on their behalf, which the court upheld.

In her ruling, Justice Wadda recalled that the bail application was supported by a 17 paragraph affidavit deposed to by one Modibo Jarjusey. She said defence counsel Camara submitted that the charges, conspiracy, stealing, and economic crime-pressed against the duo, are bailable offences and the court has power to grant bail, which Camara added, was purely a matter of discretion. This includes economic crimes cases.

She also noted that the counsel for the state/respondent, state counsel Ms. Mam Amie Jobe, informed the court that the respondent was not opposing bail and that no affidavit in opposition to bail was filed by the state.

The judge noted that the charge sheet merely indicates the Economic Crimes Decree, Decree No. 16 of 1994, without stating any particular section. She said the court deems that the charges against Sanyang and Lt. Camara were indeed made under section 5 of the Economic Crimes Decree. She cited section 19(1) of the constitution which states that "If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as is reasonably necessary to ensure that he or she appears at a later date for trial of proceedings preliminary to trial."

The judge referred to section 99(2) of the Constitution, which states that, the amount of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive. She finally held that it was apparent that all the laws relied on this application for bail confer to the court a discretion to grant bail, subject to various conditions being in place.

She therefore granted the applicants bail on the following conditions: "Bail is set for each of the applicants, Bakary Camara and Manlafi Sanyang at one million dalasis (D1,000,000) with one Gambian surety."

Justice Salla Wadda added that the surety shall enter into a bond with the principal registrar of the High Court for the amount stated, for which "if any of the applicants herein are to abscond, legal proceedings will be commenced against the surety for the recovery of the sum of one million dalasis." Both applicants were not brought to court during the ruling.

The two, together with Boto Sonko of the Boto Construction, are alleged to have stolen a vehicle registration No. BJL 4063B, property of the Gambia government. The trio had pleaded not guilty to conspiracy and stealing, but did not take a plea on economic crime, as Magistrate Kayode said he had no jurisdiction to try that, hence their remand in custody.