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City of Banjul
Thursday, October 29, 2020

Agric 3 to know fate on bail ruling today

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The three officials namely Lamin Fatajo, the former programme coordinator of Rural Finance Project, Lamin Mass, former administrative manager of the Rural Finance Project, and Ada Gaye, former permanent Secretary at the Ministry of Agriculture are facing a four-count charge on economic crime, abuse of office and negligence. 

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 DPP SH Barkun represented the state, while BS Touray and SM Tambadou represented the applicants.  When the case was called yesterday, BS Touray, the defence counsel for the first and second applicants told the court that they had a pending bail application before the court. 

DPP SH Barkun told the court that he wass served with the bail applications of all the accused and he was not objecting to them. 

In moving the motion, BS Touray said they filed a motion dated 31st March 2015 for the first and second applicants who are asking for an order of bail. 

At that juncture, the trial judge said he was dismissing the application as he made it clear that he was not going to hear an application on bail of two applicants together. 

However, Counsel BS Touray applied to amend the motion by striking out the name of the second accused and to humbly make an oral application on behalf of the second accused. 

He said, however, the amendment of the motion does not in any way affect the content of the affidavit. 

DPP SH Barkun did not object to the amendment. 

The trial judge justice Abi in his ruling said the name of the second accused person is would be struck out of the motion. 

Even though the court gave an order for a formal bail application to be filed by the applicants, BS Touray said he was craving the court’s indulgence to allow him made an oral bail application on behalf of the second accused, citing high court practice. 

Defence counsel SM Tambadou also backed Counsel BS Touray’s application to make oral bail application for his client. 

The trial judge Justice Abi then allowed counsel to go ahead with his application for the second applicant. 

Counsel BS Touray said granting of bail helps the accused to prepare his defence against the offences he is charged with. 

In moving his motion, Counsel SM Tambadou told the court they filed a motion dated 30th March 2015. He said he wished to draw the attention of the court to paragraph two of the affidavit that the third accused is charged with only one count of negligence which is a misdemeanour and then enjoined the court to put that into consideration when granting the applicant bail. 

The trial judge said the accused could go home based on the conditions he gave them earlier and adjourned the case to today for ruling. 

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