That without reference to the Applicants, the Court ordered that trial be
continued and Applicants defend themselves without giving them the
opportunity to engage another Counsel of their choice.
The Respondent’s Reply
In its rejoinder, the Respondent denies subjecting the Applicants to any
form of torture or ill treatment and denied that Ebrima Solo Sandeng died
as a result of injuries sustained from torture.
The Respondent stated that on the issue of the Applicants’ Counsel’s
withdrawal that the High Court of Gambia can sit at any designated place in
the Gambia. That the security personnel in the Court premises were only
deployed to maintain order in the face of the unruly conduct of the
Applicants’ supporters and to ensure a hitch free proceeding. They added
that the Counsel had unfettered access to the Applicants throughout the
course of trial both at the prison and in the Court room.
The Respondent avers that the arrest and prosecution of the Applicants
had no political consideration and profiling but was necessitated by their
participation in an unlawful procession and further stated that the death of
Ebrima is not a justifiable grounds for the Applicants to have embarked on
an unlawful procession.
The Respondent maintained that the investigation resulted into the death of
Ebrima Solo and denied the allegation of undue delay in bringing the
Applicants to Court after being arrested. They submitted that the Applicants
were arraigned within seventy-two (72) hours of arrest and that the
Applicants have not established a prima facie violation of Article 11 of the
African Charter.
In conclusion, the Respondent submits that in seeking an order to nullify
the purported charge, trial and imprisonment of the Applicants on the basis
of the Public Order Act and subsequently direct an immediate release of
the Applicants from prison, will amount to seeking to impose the powers of
the Court to review the decision of the High Court of Gambia for which this
Court lacks the competence to do.
ISSUES FOR DETERMINATION
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