While we wait for more details regarding the bail hearing of the popular 3YRS Jotna executives, quite a striking legal bureaucracy has held their bail chances at bay until resolved. The defense made an oral application for bail on Tuesday and the case was adjourned to Thursday, February 6th 2020 for ruling.
The Judge, Mrs Amina Saho-Ceesay in her ruling, acknowledged the constitutional right to trial within a reasonable period and Gambia’s obligations under ICCPR and other regional and sub-regional treaties.
However, she stated that the application made on Tuesday was improperly made because she argued, the application should have been made formally either by a way of motion on notice or originating summon.
Either of those legal processes will be supported by affidavits in support and accompanied by attachments in the form of exhibits (evidence). Our confidants were quick to add that the defendants’ legal team were dealing with a very “fussy and temperamental” judge.
This translates that the High Court today pursued a rigid position that a proper, physical, raw copy application, not oral, has to be presented before its proceedings by the group’s legal team.
Besides, there is some argument about not only procedure, but any possibility of a precedent regarding the said application. Experts say the High Court could have simply made this stance known before today’s appearance.
The averments in the affidavits will touch on issues such as family, careers, ties to the jurisdiction and other personal information such as whether there are previous convictions or antecedents etc.
The affidavits, to carry weight and be persuasive, should contain issues like the unlikehood of each accused absconding during the pendency of the trial, no risk of committing an offense whilst on bail or interfering with witnesses.
It will likely include facts that the accused persons are responsible individuals, and will surrender themselves to court as and when needed and there are family members or relatives able and willing to act as sureties for them and that the bail conditions should be reasonable as per section 99 of the Criminal Procedure Code, just and reasonable and not to be excessively onerous.
Earlier, we got intelligence that it was key in the plans of the embattled Barrow government to arrest, detain, and procrastinate any legal engagement involving 3YRS Jotna while President Barrow spreads his tentacles in poor Gambia. We will keep you posted as we gather more from our experts on the ground.
