By Own Correspondent – Lawyer Lamin K. Mboge, a senior member of The Gambia Bar Association, was yesterday remanded at the state central prison of Mile 2 by the Banjul Magistrates’ Court presided over by acting-Principal Magistrate Alagba.
Mboge was arraigned and charged with making false documents without authority, coupled with false swearing and uttering false documents.
He denied the charges and was refused bail and remanded in custody at the Mile 2 State Central Prison.
According to the particulars of the offence, on count one, Lawyer Lamin K. Mboge, between September and October 2010, at Banjul, with intent to deceive, executed an affidavit in the name of Alagie Momodou Barrow without his lawful authority.
Count two stated that Lawyer Lamin K. Mboge, on 26 October 2010, in Banjul, did commit an offence to wit, and made false declaration before Ebrima Sambou, Commissioner for Oaths.
Count three stated that Lawyer Lamin K. Mboge, on 26 October 2010, in Banjul, within the jurisdiction of the court, made false documents to wit; an affidavit purported to have been deposed to by Alagie Momodou Barrow.
Count four stated that Lawyer Lamin K. Mboge between September and October 2010, in Banjul within the jurisdiction of the court, made false document to wit; an affidavit purported to have been deposed by Alagie Momodou Barrow.
The Director of Public Prosecution, M. Abdoullahi, told the court that the state was applying for an adjournment to enable them to call their witnesses to court.
He added that the prosecution was objecting to the bail for the accused person for fear of him tampering with the prosecution witnesses.
DPP Abdoullahi disclosed that the state had facts at their disposal, indicating that if the accused person is granted bail, he would tamper with their witnesses.
“In view of these reasons, it would not be proper for the court to release the accused person on bail, as it would cause obstruction of justice to the case,” he said while urging the court to refuse the accused person bail.
Lawyer Mboge was represented by the Gambia Bar Association led by Antouman A.B. Gaye, Sheriff Tambedou, Lawyer L.S. Camara and Lawyer Assan Martin.
In applying for bail, senior counsel A.B. Gaye told the court that the four count-charges the accused person is faced with are all bailable offences.
Legally and constitutionally, there is presumption of bail if the offence charged is not a capital one, he said, pointing out that all his points of defence are very important and they needed to be considered.
Senior counsel Gaye further submitted that the accused person is a good citizen of The Gambia, who had served the nation with hard work and dedication, and that he had a fixed place of abode in the country.
DPP should understand that this is a court of summary jurisdiction and not a court of records, he says, adding that the DPP‘s objection was totally misconceived and that the court should not rely on his objection.
He therefore urged the court to grant bail to the accused person, but Mboge was refused bail and remanded accordingly.
The case was then adjourned till 30 January 2011.