BY BARTHOLOMEW MADUKWE
LAGOS — Justice Christopher Balogun of the Lagos High Court in Igbosere, yesterday, dismissed bail application of a commercial bus driver, Quadri Kasali, who was charged over attempted murder of Justice E.A Adebajo.
In his ruling, Justice Balogun said there was no particular address attached to the defendant and his family, adding that there was no concrete evidence that the defendant will show up for trial and therefore dismissed the bail application.
”While considering the materials before the court, apart from the remarks made by the defendant in the affidavit, there is still no concrete evidence that he will show up for trial. I therefore dismiss the bail application” the judge ruled.
Justice Balogun held that the defendant must have fulfilled certain conditions to show the court that he would not avoid trial but in the absence of that, the court must be wary.
According to the judge, there would be an expedited trial and accelerated hearing on the case, as he fixed June 25 and 26 for further hearing.
Quadri, who has been in prison custody since March 2012, had pleaded not guilty to the charge and a bail application was filed on his behalf by his lawyer, Oludare Falana, of Falana & Falana Chambers.
Falana, had told the court to consider the presumption of innocence of the defendant, pointing out that he (defendant) is the breadwinner of the family and that his wife just put to bed.
He also said that the offence the defendant was charged with can be likened to a mere traffic offence and not attempted murder as stated by the charge sheet which is a bailable offence.
”The offence with which the defendant was charged can be likened to a mere traffic offence and not attempted murder as stated by the charge sheet” Falana said.
However, the state counsel, Mr Femi Adamson, urged the court to deny the defendant bail simply because the defending counsel has not giving enough facts to guarantee that the defendant will come back if released on bail.
Adamson argued that the defendant might consider the status of the victim which is a sitting judge and decide to avoid trial.
The alleged offence is said to have contravened Section 228 of Criminal Code Laws of Lagos State 2011.