Justice Sidi K. Jobarteh has adjourned the alleged manslaughter case involving Sainabou Mbaye, Cherno Mbaye, and Kibili Dambelly to Thursday, August 11th, 2022, to decide on the bail application filed by the defense on whether to release the trio unconditionally or not.
On Thursday, the judge is expected to rule on whether to release the trio unconditionally or grant their bail application pending the filing of an indictment by the State within two weeks.
Sainabou Mbaye, her brother Cherno Mbaye and Kibili Dambelly are standing trial on a single count of manslaughter.
The trio is yet to take their plea at the High Court in Banjul.
State Counsel Muhammed Sowe announced his appearance for the State, while Lawyer Sagar Thomas appeared for the defendants.
Lawyer Sagar Thomas asked the court to grant the unconditional release of her clients on the grounds of their continued detention at Mile 2 Central Prisons without any charges preferred against them.
Lawyer Thomas submitted that his clients are detained at a ‘facility well known for human rights violations.’.
Arguing that the court has no choice but to release the defendants unconditionally as the applicants are presumed innocent because there is nothing against them and their rights are being violated.
According to Lawyer Thomas, the continued detention of her clients violated several sections of the 1997 Constitution.
In his response, State Counsel Muhammed B. Sowe said the defense lawyer’s claims about filing an indictment within two weeks are ‘incorrect’, saying such claims are mere arguments and not facts.
Sowe added that the State does not know whether the applicants are seeking Bail or challenging the legality of the detention of Sainabou and co, dismissing the defense lawyer’s claim that the arrest of the trio is illegal.
Counsel Sowe said claims of zero charges against the accused are incorrect, saying “the applicants failed to show truthfulness in their facts and did not advance adequate reasons to be granted bail”.
The defense counsel urged the court to disregard the state counsel’s submission and grant Bail to her applicants.
The trial judge adjourned the case to Thursday, August 11th, 2022, to rule on the motion for Bail.
