The Criminal Division of the Attorney General Chambers, represented by Lawyer Jones Nebo has filed a notice of appeal to the Gambia Court of Appeal seeking an order staying the proceedings of the Special Criminal Court in the Babylon arson case.

The state is also seeking a Gambia Court of Appeal order to set aside the ruling of the Special Criminal Court delivered on September 9, 2009 in which the court ruled and granted an application filed by the defence that it would hear the bail application of the 52 alleged arsonists in the Babylon case.

The state in its grounds of appeal stated that the learned judge lacked the jurisdiction for an order for bail when the substantive case is purportedly pending before the Brikama Magistrates Court. It further stated that the judge erred in law when he ruled that he has jurisdiction to hear and determine the respondents' application based on the High Court's orginal supervisory jurisdiction under Section 132 and 133 of the Constitution of the Republic of The Gambia, 1997.

The state also submitted that the judge misconstrued these provisions, when he ruled that he can hear the bail application without giving regard to the fact that the trial magistrate was never called upon to consider and rule on the issue of bail. The state noted that the priorty of the powers of the High Court in the exercise of supervisory powers arises when there is an allegation of misconduct against the magistrate or when the action is manifestly perverse.

It further noted that the judge has jurisdiction over criminal cases without the jurisdiction of the High Court in Banjul, yet proceeded to assume jurisdiction over a civil application in a case not pending before his court. It concluded that the application for bail for the alleged arsonists is a miscellaneous application grouped under the high court criminal division.