Former APRC NAM Abdoulie Saine’s Case Returns To Court
The former APRC National Assembly Member Abdoulie Saine, takes to the dock today following an adjournment last week after being bailed in the sum of D150,000 with two Gambian sureties aged 30 or above with valid identity cards and each surety to depose to an affidavit of means.
According to the particulars of offence, on count one on incitement to violence contrary to section 59 B 1 (A) of the Criminal Code Cap 10 Vol. 111 of the Laws of the Gambia Abdoulie Saine, “without lawful excuse and with intent to incite violence voiced a statement on WhatsApp using abusive and derogative remarks against the entire Mandingo (Sosseh) tribe stating that they are ‘selfish, hypocritical and wicked’.
He is also charged with another count of seditious intention contrary to section 5 1 (e) of the criminal code, laws of The Gambia 2009, with intent to promote feelings of ill-will and hostility between the different classes of population of the Gambia.
It could be recalled that when the case was called before Magistrate Tracy Davies-Wilson, Saine’s lawyer, Moses Richards, raised an objection for his client to be called for a plea-taking arguing that he was not granted enough time to go over the charge sheets and particulars of offence to prepare for a “reasonable” plea-taking as required by law.
He argued that it is a constitutional requirement for the accused to be served copy of information on the charge sheet for a fair trial and called on the court to grant bail to his client.
Police prosecutor ASP Amadou Keita appearing for the IGP, maintained that the court should overrule and object the assertions of the defence lawyer claiming it lacked merit since Section 24 is not applicable to a subordinate court, adding that it does not further state how much time should be given to the accused.
Magistrate Tracey Davies-Wilson in ruling over the issue noted that the prosecution is not denying it only served the accused with the charge sheets 10 minutes before the court proceedings commenced, and said this gives weight to the defence’s assertions and that both charges are bailable. He ruled for an adjournment to grant the accused enough time to answer to the charges.