Justice Amadi said the lawyer for the applicant, Mustapha Marong, did not give enough facts in his affidavit in support for him to grant Modou Saidy bail. “I have read through the affidavit in support and the only fact about the applicant is that he is a father of two. That sentence is not enough for the court to grant bail to the applicant. The application is hereby struck out,” Justice Amadi said.
Saidy, 36, is standing trial at the Banjul Magistrates Court on a single count of ‘possession of prohibited drugs for the purpose of drug trafficking’. He is said to have had 2kg 600g of Cannabis sativa in his possession. He pleaded not guilty.
His lawyer sought a high court bail as the lower court is ruled to lack jurisdiction to grant him bail on the offence he is charged with. At the bail hearing yesterday, the director of public prosecution, Saleh Barkun, said the DLEAG is not opposing bail but told the court to impose tough conditions. “Two kilogrammes is not a small amount of cannabis,” he said.
Before striking out the case, Amadi said the lawyer had not stated in his affidavit in support where the applicant lives and what he does for a living. He said these questions are relevant in granting an accused person bail. But lawyer Marong stated: “The most important thing is that the applicant is a father of two and has responsibilities.” Meanwhile, he has informed the court that he will file a fresh affidavit for bail application for Mr Saidy.]]>