By Yankuba Jallow
The Banjul High Court presided over by Justice Ebrima Jaiteh, on Wednesday June 6th 2018, discharged James Mendy, the Chief Security Officer of the NIA, on the basis of the violation of his fundamental human rights.
When the case was called before Justice Jaiteh, Sheriff Kumba Jobe alias SK Jobe announced appearance for the applicants, the accused persons, whilst Abdourahman Bah represented the State.
Counsel Jobe in his submission for the application of the release of James Mendy, stated that he was arrested in March 22nd 2018 regarding the indictment before the High Court, and there were no charges against him. “We apply to this Court to order for his immediate release,” he said.
For his part, State Counsel, A. Bah did not object to the application but rather conceded to the fact that Mr Mendy’s name was not in the indictment.
“The indictment filed does not contain the name of the ninth applicant, Mr James Mendy and therefore, we concede to the Counsel’s application on such ground that the Court deems fit,” Bah stated.
In his ruling, Justice Jaiteh ruled that there is no allegation levied against the ninth accused person.
“Furthering his incarceration is a gross violation of his fundamental human rights,” Justice Jaiteh stated.
The Judge relying on certain provisions of the High Court Rules, made the order that James Mendy be discharged and to further regain all his outstanding wage arrears at his workplace at the National Intelligence Agency now SIS.
On the bail application of the other eight accused persons, the State Counsel objected to the application by Defence Lawyer SK Jobe, that the Court lacks mandate to grant bail to persons charged with capital offences. Counsel Bah relied on Section 99 of the Criminal Procedure Code.
“Generally, the fundamental human rights of persons are not absolute,” Counsel Bah said.
The case was adjourned to Tuesday June 12th, for ruling on the bail application of the eight accused person.