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    NEWS  Halifa, OJ, and Hamat case bail not granted yet - NADD supporters shocked  PRESS RELEASE

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December 9, 2005
In the appeal of the NADD trio

The Gambia Court Of Appeal, at the end of the appearance of three appellants (Halifa Sallah, Hamat Bah and Omar Jallow) declined to rule on the application for bail made by the counsel for the three appellants. According to the presiding judge, Justice Savage, bail together with all the issues involved in the appeal will be decided on on Monday 12th December. The three appellants were charged and brought before the high court on 18th November, 2005. Omar Jallow and Halifa Sallah are charged with one count each of sedition. They are also charged with making false statements against the President and the Government. Hamat Bah is charged with unlawful retention of official document. At the trial, they asked the trial Judge, Justice Paul to recuse himself from the case. The trial Judge refused to recuse himself and proceeded to enter a plea of not guilty for all three defendants. He also remanded all of them in custody on his own motion and adjourned the trial till 14th December 2005.

The appeal of the defendants is to set aside the entire proceedings of 18th November, 2005, presided over by Justice Paul. During the hearing of the appeal today, Mr Darboe, the leading counsel of the appellants applied for an affidavit to be made part of the records of the court. The affidavit contains the following statement made by Justice Paul: "I know some of you do not like me". The prosecutor who was in court that day said she could not remember whether Justice Paul made the statement or not. She asked for an adjournment to allow her time to react. This led to an application for bail by one of the counsels for the appellants, Antouman Gaye. He argued that the charges are bailable and that the Court Of Appeal is competent in granting bail. However, the court of appeal decided to consider this matter together with the entire appeal of Monday 12th December, 2005. The presiding Judge gave full assurance that a final on the matter will be made on Monday. The case was adjourned till
 Monday.

The two other members of the panel of the Court Of Appeal judges were Justice Agim and Justice Izuako.


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