Gambia’s former Cabinet Secretary, Noah Touray and Momodou OS Badjie, former Managing Director of The Gambia National Petroleum Corporation have filed fresh bail applications before vacation judge, Justice Ogar Edward Eneji at the High Court in Banjul.
This was disclosed by Touray and Badjie’s defence counsels yesterday which, they said was also served to the state as respondent in the case.
Lawyer LS Camara announced his representation for Momodou OS Badjie and informed the court that he filed the bail application which was served to the state. He said he has also received an affidavit of opposition from the state as the respondent. He then applied for an adjournment of the matter to enable him to reply to the state’s opposition.
Defence Camara promised to file his response and will also serve a copy to the state.
Lawyer L Farage, who announced her representation for Noah Touray said she had filed in the bail application and received an affidavit of opposition from the state through the Director of Public Prosecution the same day. She also urged the court to adjourn the matter to enable her to reply to the said affidavit in opposition.
The presiding judge granted the two counsels’ adjournment applications and adjourned the matter to 22ndAugust 2016 for adoption of briefs. He however urged them to file their reply on or before 16th Augustand serve the state (respondent).
Director of Public Prosecution, SH Barkun expressed concern about the timely filing of the briefs and serving of copies to the state by the defence counsels.
The third bail application hearing came from Sira Wally Ndow-Njai, through her defence counsel Marry Samba, who informed the court that she received an affidavit of opposition from the state (respondent) and urged the court to give her time to reply to the affidavit of opposition.
The defence counsel suggested the same date and time to be allocated to her client as provided to others but the presiding judge raised concern over what he called excessive heat in the court, especially when the temperature gets high, thus suggested a separate date.
The defence however maintained her appeal for the court to accommodate her client on the same date with others. Her application was granted and it was also adjourned to 22nd August for adoption of brief and for the defence to file on or before 16th August.
The defence drew the court’s attention to what she called aggravated health condition of her client and applied for her (Sira Wally) to be observed, monitored and to receive medical attention whenever the need arises, while in custody.
The DPP said the medical attention sought by the defence could be tenable at the Mile 2 Central Prison and the Edward Francis Small Teaching Hospital. One Bojang, the Prison guard who was present also informed the court about the availability of medical services at Mile 2, saying where the need arises; they refer prisoners or detainees to the Edward Francis Small Teaching Hospital.
In his ruling, the presiding judge ordered for the accused person/ applicant to be observed, monitored and be given regular medical attention whenever the need arises.
by Sanna Jawara