Halifa Sallah,
Thank you very much indeed in responding to my inquires about your party's
position on the recent events in the Gambia.
First of all, I can't agree more with you on the need for national political
conference in the Gambia especially in light of the forthcoming local,
parliamentary and presidential elections. I also think that for any
conference to take place, there must be mutual respect and trust between all
opposition parties, but calls for dialogue will never be answered if the
current trend continues on the ground i.e. selected attacks on one
political party whilst there are more than one in the country.That issue
must be addressed first. If the other political parties believe that they
are being attacked because they are more hard on the government then calls
for national reconciliation and conferences will never take off the ground.
In the third paragraph of your letter, you said and I quote "The UDP also
arrested the APRC members after claiming to be ambushed by them". sir, with
due respect are you telling me that you doubt the credibility of the UDP
even in the presence of overwhelming evidence? Was it not true that the UDP
was ambushed? If they were ambushed who and why they did it? I don't want
you to guess what was in their mind at the time but we all knew that there
were about to be cross-carpeting of some important personalities to the UDP
so they could not avert it in any way other than an ambush.
You said your "conclusion was that the development was a national tragedy
and there should be a national response to it". You are absolutely right
that is why those of us at the Gambia L and many people in the Gambia are
deeply troubled. I do not think it is more tragic than the massacre of our
brothers and sisters in the name of national security on April 10 and 11.
Following that incident you and your party were swift in your condemnation
of the high-handedness of the security forces. If you condemn that why not
the attack on the opposition since you a an opposition party? If you are
ready for politics you must be ready for criticisms or even imprisonment. I
believe the attack has a political motive it should therefore be dealt with
politically.
Mori Kebba Jammeh
Mori
----- Original Message -----
From: foroyaa <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 29, 2000 10:29 AM
Subject: THE UDP LEADER AND 24 OTHERS
> Mori Kebba,
>
> We have not only been monitoring the situation, but have been doing our
bit
> in finding a way out of a complex political development.
>
> PDOIS was scheduled to tour Wuli and Kantora at about the same time that
UDP
> was on a tour of Tumana. We had to cancel our own tour in order to study
the
> developments. We continued to follow the situation of the UDP detainees up
> to the granting of bail and the departure of the rest of the UDP entourage
> from Basse.
>
> For your information, the UDP entourage did have a problem with four APRC
> members on Friday, 16 June. The UDP also arrested three APRC members after
> claiming to be ambushed by them. Later on, Alieu Njie's dead body was
> discovered. The position of the UDP leader is that an investigation has
been
> done by his party and that no member of his entourage participated in the
> killing of Alieu Njie.
>
> You may see the legal, human rights and political issues involved in this
> matter which requires very careful comments at this stage that 25 people
are
> charged with murder. We came to the conclusion that the development is a
> national tragedy and that there should be a national response to it.
>
> In our own view, a national conference is essential in order to look at
all
> developments and pave a way forward for multiparty politics in the
country.
> We should be able to draw relevant lessons from all the experiences of the
> political parties in the country, including recent developments, and then
> contract agreements regarding fundamental points of concern.
>
> Mori Kebba, it may be quicker to ask for my personal opinions on a given
> matter since a Party position takes time to formulate. It evolves from
> discussions held by the Central Committee on any given issue.
>
> The fundamental question is whether it is not best to address the
> developments from a political angle rather than from a purely legal angle.
> Your opinion on this matter is desirable.
>
> Halifa Sallah.
>
>
> ----- Original Message -----
> From: Mori Kebba Jammeh <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, June 22, 2000 12:04 AM
> Subject: Re: THE UDP LEADER AND 24 OTHERS
>
>
> > I would like to hear PDOIS position on this attack on the opposition.
> >
> > Mori Kebba Jammeh
> >
> > ----- Original Message -----
> > From: foroyaa <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Wednesday, June 21, 2000 4:02 PM
> > Subject: THE UDP LEADER AND 24 OTHERS
> >
> >
> > > THE UDP LEADER AND 24 OTHERS APPEAR BEFORE MAGISTRATE BORRI TOURAY IN
> > BASSE
> > > While High Court Grants Bail
> > >
> > > Twenty five persons who are charged under section 187 of the Criminal
> Code
> > > for murder in relation to the death of Alieu Njie appeared before
> > Magistrate
> > > Borri Touray to apply for bail.
> > >
> > > They are Ousainou Darboe, Abou Karamba Gassama, Majanko Samusa, Mbemba
> > > Tambedou, Dembo Bojang, Madi Ceesay, Yaya Jallow, Lansana Jobarteh,
Lang
> > > Marong, Lamin Sey, Sainey Jadama, Kebba Fatty, Yusupha Cham, Adama
> Jallow,
> > > Sarjo Kunyang Sanneh, Fatou Darboe, Baba Drammeh, Lamin Cham, Mboge
> > > Saidykhan, Alhajie Eliman M.L. Bah, Shyngle Nyassi; Dembo Karang Nyima
> > > Bojang, Dodou Sanneh, Amadou Sanneh, and Rilwan Secka.
> > >
> > > A police officer, Sarjo Trawalley, explained the circumstances of the
> case
> > > to the magistrate. According to him, the State does not have the right
> to
> > > detain the accused for over 72 hours; that in that regard, they had to
> > come
> > > before the magistrate court to apply for their remanding in custody
> > pending
> > > their appearance in court; that bail should be granted only by the
High
> > > Court; that they would therefore want the magistrate court to act with
> > > regards to the remanding of the accused so that they will be taken to
> the
> > > High Court.
> > >
> > > Arguing on behalf of the accused persons, Mr Ousainou Darboe, leader
of
> > the
> > > UDP, indicated that he and the members of his entourage have not had
> > access
> > > to a legal practitioner which is a constitutional right; that they
also
> > have
> > > the right to be represented since the State was being represented;
that
> he
> > > was not exercising the privilege of being a barrister because he was
> > facing
> > > a murder charge.
> > >
> > > He reminded the court that the objective of bringing them before the
> court
> > > is to secure a remand warrant because, according to Sergeant Trawalley
> > they
> > > do not want to violate the 72 hours period provided for in the
> > Constitution.
> > > He said he did not want to say anything about the 72 hour period, but
> that
> > > the Gambian and international community will be the best judge of the
> > > judicial order.
> > >
> > > He argued that the courts have their jurisdictions and would want the
> > > appropriate thing to be done.
> > >
> > > The ruling of the magistrate is as follows:
> > >
> > > 1. That the matter be transferred to the High Court for a proper
> decision
> > to
> > > be taken on the issue of bail.
> > > 2. That the accused persons be escorted to Banjul (Wednesday, 21 June
> > 2000)
> > > by the Commanding Officer of Basse Police;
> > > 3. That the file be transferred to the Chief Justice in pursuance of
the
> > > order;
> > > 4. That the accused person be detained at the Banjul Police
Headquarters
> > > overnight, and that the detention is to last for 24 hours;
> > > 5. That under no circumstances should the accused person be remanded
> > unless
> > > the High Court so authorizes.
> > >
> > > BAIL GRANTED BY HIGH COURT
> > >
> > > At the time magistrate Borri Touray was making his ruling, another
> > > application was being heard by Justice Kabalata. The affidavit was
sworn
> > by
> > > Femi Peters, and a group of lawyers comprising Mr Antouman Gaye, Mr
> Ousman
> > > Sillah, Mrs Mariama Denton, Mrs R. Mendy and Ms Joof were there at the
> > > beginning. Ms Ida Drammeh, Mr Bola Carrol and Mrs Amie Bensouda came
in
> > > later.
> > > Mrs Rugi Thomasi, Ms Salawada and Mr Hydara appeared for the State.
> > >
> > > Mr Gaye, leading the counsels, indicated that the State has not
> submitted
> > > any opposition to the affidavit sworn in by Femi Peters which
originated
> > on
> > > the grounds of seeking bail under section 19 of the Constitution and
> > section
> > > 99 of the Criminal Procedure Code.
> > >
> > > Mr Gaye dealt with the various paragraphs of the affidavit. He pointed
> out
> > > that Mr Peters did question why an escort to the police station that
> > started
> > > as protective custody turned out to be an arrest and detention. He
dealt
> > > with the question of 72 hours detention and the issue as to whether a
> > murder
> > > charge is bailable or not in The Gambia.
> > >
> > > He concluded by asserting that murder charge is bailable in The
Gambia;
> > that
> > > the 72 hours have lapsed since they were under detention since the 18
> > June,
> > > and that Mr Darboe who has been practising law for 30 years with two
> wives
> > > and children would not abscond. He also referred to Dembo Bojang and
> Abou
> > > Karamba Gassama as National Assembly members; that Yaya Jallow was a
> > former
> > > Permanent Secretary and Amadou Sanneh was a former Accountant General;
> > that
> > > all these people have families and homes and are too responsible to
> > abscond.
> > > He, therefore, applied for bail to be granted.
> > >
> > > In her reply, Mrs Thomasi indicated that they received the application
> on
> > 21
> > > June; that the matter was before magistrate Borri Touray in Basse in
> terms
> > > of the question of remanding the accused; that the Attorney General's
> > > Chambers is not aware of the developments in Basse; that time should
be
> > > given for the magistrate to determine what to do.
> > >
> > > Before she continued with her argument, a message came from the
Attorney
> > > General's Chambers which led Mrs Thomasi to inform the court that
> > Magistrate
> > > Borri Touray had in fact referred the case to the High Court.
> > >
> > > She cited subsections of section 19 of the Constitution and submitted
> that
> > > the 72 hours period have not lapsed and that granting bail was still
> > > premature.
> > >
> > > Mr Gaye's reply was that what was indicated in Mr Peters' affidavit
> stood
> > > uncontested.
> > >
> > > Justice Kabalata ruled that considering section 19 of the Constitution
> and
> > > section 99 of the Criminal Procedure Code, and as sworn by Femi Peters
> in
> > > his affidavit, and the fact that there was no opposition to the
> > application;
> > > arguing that murder cases are bailable offences in The Gambia, and
that
> > the
> > > applicants are people with responsibilities, he granted them bail of
> > > D1000.00 (one thousand dalasis) with three sureties who are Gambians.
> > >
> > > As we went to press, we have gathered that the 25 accused persons have
> > > boarded vehicles belonging to the State and are being guarded by the
> > > National Guard and have left Basse and are heading towards Banjul. The
> > other
> > > members of the UDP entourage and the vehicles were still in Basse up
to
> > 7.30
> > > p.m. Wednesday, 21 June 2000. We will inquire about their fate in the
> > > morning should we discover that they are still in Basse.
> > >
> >
>
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> > >
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