JUWARA’S SEDITION TRIAL
BORRY TOURAY FAULTS

The sedition trial involving the Secretary General of the National
Democratic Action Movement (NDAM), Lamin Waa Juwara continued at the
Banjul High Court with the latter’s attorney faulting the case of the
prosecutor. Touray stated that the charge sheet containing the
particulars of the offence was signed by the Solicitor General at a time
when no one occupied the position of Attorney General. He described this
action as erroneous in law, submitting that the only person qualified to
sign the charge sheet is the Attorney General and not the Solicitor
General. Touray stated that offences in Counts 1 and 2 are defective in
the way they are pleaded.  Touray further submitted that the prosecution
has failed to prove the charges preferred against his client and as such
his client should be acquitted and discharged. " I submit that this court
cannot convict the accused person, the prosecution has failed to call a
corroborative witness to support their lone witness," he remarked. Touray
submitted that the words dealing with April 10th and 11th, 2000
disturbances are editorial inputs and not the words of his client. " The
accused person is calling on parties to embark on peaceful demonstration.
The prosecution did not challenge the accused person in cross-examination
on the peaceful nature of the demonstration. There is no evidence before
your lordship warranting the conviction of the accused person," he said.
In making his address, the Director of Public Prosecutions, Akimoyae Agim
stated that the defence couldn’t raise objection dealing with the charges
preferred against them, noting that Count 1 of the charge sheet is in
compliance with section 113 (g) of the Criminal Procedure Code and as
such no objection can be raised on its contents. " This charge complies
with section 110 of the Criminal Procedure Code. The impression sought to
be created by the counsel for the accused that whenever an offence is
pleaded in a court, the issue of mens rea (criminal intent) must be
clearly stated in that court, is wrong," he submitted. Agim stressed that
Touray’s contention that Counts One and Two are defective in the way they
are pleaded is incompatible, in that it is raised belatedly in violation
of section 217 of the Criminal Procedure Code (CPC). " It is also clear
from the tenure of section 217 of the CPC that even if the issues raised
are fundamental, they must be raised before the accused pleads," he
remarked. Supporting his submission, Agim cited the case of Abdoulie
Sonko versus The State, Criminal Case Number 12, 2003. He submitted that
Juwara did not object to the charge before pleading, even though he gave
evidence and knows his own case. He said it is wrong and not allowed in
law to plead a charge and later raise objection, whether a charge is
defective or not.  The case is adjourned for judgment.
 
Issue No. 11/2004, 5-8 February, 2004

EDITORIAL

THE JUDICIARY IN LIMBO-IMMEDIATE ACTION NEEDED

The nation has been informed that enough judges are now available for the
Supreme Court and the Court of Appeal to hear their cases. This brought
joy to many people. However, people with cases have been approaching
Foroyaa to explain that their cases are still stagnant because the judges
are yet to assume office. We just cannot believe that those who occupy
the highest office in the land do not know what their constitutional
responsibilities are. The constitution is very clear on what should be
done. In fact, the overwhelming powers of the executive in the 1970 and
the 1997 constitutions in the appointment of Chief Justices should be
amended by a more progressive constitution in the future. Such a
constitution should establish an independent appointing authority for
judges with regulations to guide them to engage in transparent exercises
considering merit and integrity as basis for their appointments. As it
stands, the executive should not delay the operation of the courts by
ignoring bureaucratic procedures. Section 138 states clearly that (4)
" Before assuming the functions of his or her office, a judge of the
superior court shall take the prescribed oaths." That "Appointment of
judges of the superior court shall be by warrant signed by the President
and sealed with the public seal."

Suffice it to say, the Chief Justice is appointed by the President in
consultation with the Judicial Service Commission. All other judges
except the judges of the special criminal court shall be appointed by the
President on the recommendation of the Judicial Service Commission.
Foroyaa has been told that the judges of the Supreme and Court of Appeal
have been appointed. One would assume that if this is true warrants have
already been signed, sealed and forwarded to those appointed. What the
public has been waiting for is the swearing-in of the judges. Why should
there be a delay in this? The Chief Justice is responsible for the
administration and supervision of the courts. Business in the highest
courts is facing delays by bureaucratic obstacles. He should point this
out to the Attorney General, the principal legal adviser of the
government so that immediate action is taken.



Bread, Sheep and Palm Oil Question

Gambians and those resident in the country are caught between the quick
sand and the deep blue sea. They are either exposed to scarcity or high
prices. Ten years of APRC Leadership has not led to the necessary
investment in the productive base of the economy to enable the country to
produce flour to make bread, take care of palm trees to produce palm oil
and rear ruminants and livestock to provide abundant meat. The President
gave impression that he could control the price of bread, meat, palm oil
etc. However he had no control over the importation of flour and palm
oil. Needless to say, most of the people who sold meat depended on the
Gambian cattle owners to get bulls on credit and sold the meat to make
profit to repay. The cattle owners could afford to keep their herd to
deprive the people of meat until there are price changes. The high cost
of flour is also putting pressure on the bakers to increase the price of
bread. If they are stopped it is also likely that there ! would be
scarcity. Palm oil is being sold at D10 per cup. There is claim that the
palm oil is coming from Guinea and environs, that CFA is now D280 per
5000 CFA. The high cost of prices and low earnings of the Gambian people
still persists. "Operation No Compromise" in the case of earnings and
prices is not working. It should be transformed to promote dialogue
between Government and Importers to look for channels to reduce the cost
of imports of essential goods. Furthermore, Retailers could be encouraged
to make their prices more reasonable through applying consumer pressure.
Those who wish to help reduce the retail prices could be encouraged to
operate retail businesses. Finally, government must work on the prices of
fuel and essential food items. This can reduce the cost of the
breadbasket. The Gambian people must realise that any government which
cannot guide a country towards food self sufficiency within five years
can only lead a country to scarcity or sky rocketing prices. We need
production led growth.

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