Judge Sidi K Jobarteh has rejected the bail application for Sainabou Mbye, Cherno Mbye and Kimbily Dambely.
The judge ruled at a hearing today (11 August) that the defendants would not be bailed pending the outcome of their manslaughter trial.
However, she gave the state an ultimatum to either file an indictment against the defendants before 19 August or else they would be granted bail at a sum of 1 million dalasis value in property within the Greater Banjul Area.
Defence counsel Sagarr Jaiteh had earlier applied to the court to unconditionally release the defendants from detention in Mile 2, arguing that the state had failed to charge them and therefore their continued detention is illegal.
She also made reference to the terrible conditions the defendants were held in at the Mile 2 prison.
However, state prosecutor Muhammed B Sowe dismissed the defence counsel’s arguments as not based on law, adding that she only told the court hearsay stories.
Ms MBye and two others are facing manslaughter charges over the death of baby Muhammad, the child at the centre of her ex-husband Bob Keita rape trial
The child died in tragic circumstances in Dakar last month while he was in the care of his aunt, Ms Mbye.
Baby Muhammad is the son of Ms Mbye younger sister who accused Bob Keita of raping her in 2018 while she was underaged leading to pregnancy.
Keita denied the charges but the trial judge, Justice M Jallow who is currently on holiday, has ordered a DNA paternity test to be taken to determine the child’s father.
Reporting by Adama Makasuba
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