According to particulars of offence, on count one Abdou Bah, Munina Dicko and Muhammed Bah (at large) in May and August of this year at Fajara and other places jointly and unlawfully conspired to defraud Mr Ebrima Touray of one D1,559,642 thereby committing an offence.
On count two, the accused persons, jointly and unlawfully, with intent to defraud, obtained from Ebrima Touray D1,559,642 thereby committing an offence.
On the final charge, the prosecution alleged that the “marabout” Abdou Bah and Munina Dicko who was passing off as a ‘jinni’ woman, unlawfully and with intent to defraud Ebrima Touray, told fortunes by pretending from their knowledge or skills as marabout in occult science to help discover a stolen D1,000 000 thereby committing an offence.
Prosecutors ASP Muhammed Keita and Momodou Mballow urged the court not to grant bail to the accused persons saying investigations into the case were ongoing.
“The investigations are still ongoing that is why I requested for a week to proceed with the case. Behind our application and reason against the grant of bail is the need to protect society from the crimes they are accused of committing. Investigations are still ongoing into the items recovered from the accused person and the ones at hand. We believe if the first accused person is released on bail he might interfere with the investigations of the accused at large and the issue of bail is not a right. Given the charge before the court, the accused person may abscond defeating the purpose of protecting society from crime”.
But responding, Lawyer Antouman Gaye said: “It is amazing and bewildering to hear Mr Mballow speak in such condescending terms as if the issue of bail is a matter of grace and favour. It is not. There is a presumption of innocence until found guilty and that presumption is very high indeed. Today is the seventh day the accused persons have been detained at the police station contrary to the constitutional limit of 72 hours. The accused persons are Gambians with roots here not foreigners. I am told if they are granted bail they will appear before the court and will not interfere with the investigations of the police under any circumstances. The mere fact that they have been charged is a high presumption that the investigation have been completed. Anybody who breaches constitutional limits and comes to court should not be indulged. They should not always come with begging bowls like Oliver Twist. I urge you to exercise your discretion in granting bail.”
Judging on the prosecution’s application, Magistrate Tabally said after listening to the arguments of both sides he found the reason proffered by Mr Mballow unconvincing and granted D 1.5 bail to each of the accused persons or title deeds of a property worth D1.5 located in the Greater Banjul Area.]]>