Judge Sidi K Jobarteh will on Thursday rule on a contentious bail application for Sainabou Mbye and her co-accused. 

Me Mbye, Chernoh Mbye and Kimbly Dambelly are facing manslaughter charges over the death of baby Muhammad. 

Their lawyer Sagarr Jaiteh has applied to the court to unconditionally release the accused persons from detention at Mile 2, arguing that they are detained in a terrible condition in prison.

She argued that their detention is “illegal”, citing section 19 (a) of the 1997 Constitution which guaranteed the fundamental human rights of persons not to be detained beyond 72 hours without charges.

She told the court she found her clients in a horrible condition after visiting them at Mile 2, adding that they are detained in a very tiny space.

However, state prosecutor Muhammed B Sowe dismissed the defence counsel’s argument as not based on law, adding she only told the court hearsay stories.

Lawyer Sowe said the defence counsel should give reference to her arguments as facts and not to provide opinions before the court. 

He cited section 19 (4) of the 1997 Constitution that states “when there is a charge of capital offence that the court has the jurisdiction to keep the accused persons under custody pending hearing or determination of the court.”

Sowe also cited section 62 of the criminal code that “if a matter is transferred from a lower court to a higher court that the charges should be pending.”

Reporting by Adama Makasuba