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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 12 Jun 2000 16:23:38 +0100
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Kebba,

Your intervention is highly appreciated. Please do not hesitate to assert
your impressions where you seem to disagree with our posture.

The point at issue is the failure to make the Coroner's Inquest report
public. This is precisely the reason why we had to ask ourselves the
question: Who should be in custody of the Coroner's report at this very
moment? Of course, we had to consult the law books, and what the Coroner's
Act says is that the proceedings or a certified copy has to be transmitted
forthwith to the Chief Justice. Our reporters contacted the office of the
Chief Justice and we were told that they did not receive a copy. This is
precisely the reason why we had to write the letter.

We are simply trying to facilitate a process. Since it is the role of the
Chief Justice to carry out his review to satisfy himself as to the
correctness, legality or propriety of any finding or verdict, it is
important for us to point out the need for him to carry out his duty with
speed so that the public will know the final outcome.

We cannot see how this amounts to recommending any feet dragging. If feet
are dragged, those who drag their feet should be held accountable. The law
calls for the submission of the proceedings without any waste of time, and
the review is a prerogative of the Chief Justice which should also be done
forthwith without any waste of time. We share the common objective of not
wanting any delay in getting to the root of the matter.


ON THE QUESTION OF GAZETTING THE ESTABLISHMENT OF THE COMMISSION

This is not an issue we are raising. It is an issue which people like Lawyer
Ousman Sillah have raised with The Point Newspaper. There is also a debate
on whether the terms of reference of the Commission are wide enough. We are,
therefore, simply raising issues of technicalities which could be raised
later to question the recommendations of the Commission. The Chief Justice
may be more legally informed than us and would simply disregard our notions
if they do not require any consideration. We guess it is best to state our
minds instead of simply keeping quiet.

You have also mentioned that there is an opinion that the Commission is a
waste of time. Well! we will be posting verbatim reports of the Commission's
proceedings for your own observation. We would like to have your feedback
after reading them whether you still maintain that the Commission is a waste
of time.

You have also mentioned that the way forward is to get an international
human rights activist to come to The Gambia to prosecute this case after
conducting his (her) own investigation. Would you please send us a private
mail if you like to expound on this idea? Our thinking was that the
Coroner's Inquest and the Commission of Inquiry would provide the evidence
needed for any prosecution in the future; that just as in the case of the
firemen, private prosecutors could be called upon to handle matters. Do you
really think that introducing a prosecutor to conduct his or her own
investigation at this stage is the way forward? Is the way forward in
preventing delay in the process? Your opinion is of tremendous value.


Greetings.

Halifa.

----- Original Message -----
From: Dampha Kebba <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, June 12, 2000 3:24 PM
Subject: Re: ON THE CORONER'S INQUEST AND THE COMMISSION OF ENQUIRY


> We think you guys are doing a fantastic job and it is with pain that we
> register our disagreement with some of your assertions on this letter.

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