Justice Ebrima Jaiteh of the high court of the Gambia.
By Landing Ceesay
Henry Gomez, who was charged with robbery with violence, was granted bail by Hon. Justice Ebrima Jaiteh of the High Court of the Gambia on Tuesday after the State Law Office failed to file a bill of indictment against him.
Henry Gomez has been formally charged by the Gambia Police Force for committing robbery with violence, as stipulated in Section 273 (2) of the Criminal Code Laws of The Gambia, 2009.
According to police reports, on October 12, 2023, at Dippa Kunda, Bakau Garage in the Kanifing Municipality of the Republic of The Gambia, Henry Gomez allegedly employed actual violence in the commission of a robbery against Momodou Dawda Jallow and Mamadou Salieu Bah.
The police accusation further outlines that during the incident, Henry Gomez unlawfully took possession of various items from Jallow and Bah. These items include a cash amount of D1,400.00 (one thousand four hundred dalasi), another cash amount of D1,000.00 (one thousand dalasi), a Gambian driver’s license valued at D1,500.00 (one thousand five hundred dalasi), a simple mobile phone valued at D700 (seven hundred dalasi), a Samsung mobile phone valued at D6,500.00 (six thousand five hundred dalasi), a Sony mobile phone valued at D5,000.00 (five thousand dalasi), and a Techno simple mobile phone valued at D500.00 (five hundred dalasi).
The cumulative worth of these possessions amounts to sixteen thousand, six hundred dalasi (D16,600.00).
Law enforcement additionally claims that Henry Gomez is accused of menacing Momodou Dawda Jallow and Mamadou Salieu Bah with a shattered bottle, constituting a criminal offense.
On December 19, 2023, Justice Jaiteh, in an adjudication, released bail to Henry Gomez due to the state’s inability to submit charges against him.
“The Accused was charged at the Magistrates’ Court with robbery with violence, and the matter was transferred to the High Court for trial on the 19th of October 2023. The State Law Office has not filed an indictment and has not prepared an opinion as they are not in receipt of the Police file. The State has indicated to the Court that they are not opposed to bail being granted to the Accused person.
“Since there is no formal charge before this Court and the State is not opposed to bail being granted to the Accused, I shall admit the accused to bail in the following terms:That the Accused person, Henry Gomez, is admitted to bail in the sum of D50, 000.00. That the Accused should provide one Gambian Surety who must depose to an affidavit of means in the like sum,” Hon. Justice Jaiteh said.
Justice Jaiteh has issued a directive mandating the surety to submit their Biometric identity Card to the Principal Registrar of the High Court. Additionally, the State has been instructed to submit its bill of indictment within a period of two (2) months. Failure to comply will result in the automatic lapse of the accused’s bail.
In the event that the accused is unable to secure a surety, they will be released after spending two months in custody. The case has been adjourned to February 20, 2024, at 10 a.m., at which point the accused person will either be discharged or formally arraigned, as per the order of Justice Jaiteh.