These are the signs of a disgraced government grappling at straws. See what
I meant when I said that this government is fond of taking indefensible
positions that even the best legal minds cannot defend; let alone the
mediocre talent at the AG chambers. When is it a legal right to have an
adjournment in the face of a motion/summons to release innocent children who
were unlawfully detained in the first place? As stated by the lawyers on the
side of the students, the judge exercised her discretion appropriately by
denying the plea of the feet-dragging AG to grant an adjournment so that
they can pack more lies in their affidavit. Look who is talking about
natural justice and the right to be heard. These people have no shame. Pity
that our children who died on April 10 and 11 will never be heard again in a
court of law. Instead of the AG bringing up such frivolous appeals, he
should ensure that the children that were massacred in broad daylight on
April 10 and 11 get justice. It is strange that the government is only
attacking the students' side while setting up silly commissions to look into
the real culprits. Commissions that cannot detain people. At the same time,
our children are being put in jeopardy. Now, if some foreign judge in The
Gambia decides to set aside Mam Yassin's decision, these children would be
at risk of going back to jail. What about people who shot down kids and the
morons who ordered the massacre? People should rise up and demand that the
AG withdraw this silly appeal and remove our children from the jeopardy it
brings. Take some free legal advise from a none lawyer. There is no legal
right to an adjournment for the purposes of filing a frivolous affidavit. At
best, you have an appeal grounded on facts. But the facts are not in your
favor either. Mam Yassin should have simply weighed the inconvenience caused
to you (AG) as a result of denying you a continuance, against the
inconvenience caused to the children as a result of languishing in jail
because of some illegal charges. As you can see, this is purely a factual
matter. What was so pressing at AG chambers to prevent you from drafting an
affidavit to oppose the application to let the children go. I submit that
you do not have facts to put in an affidavit. How can you justify holding
these children in jail for more than 72 hours without charge?
>From: Momodou Camara <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: fwd:Government wants re-arrest of student leaders?
>Date: Tue, 6 Jun 2000 20:08:08 +0200
>
>from:http://www.africanews.org/west/gambia/
>
>Government wants re-arrest of student leaders?
>
>
>The Independent (Banjul)
>June 5, 2000
>By Lamin Dibba
>
>Banjul - The Gambia government, through the Attorney General and Inspector
>General of Police, has appealed against the decision of Justice Mam Yassin
>Sey
>of the high court on 20th April 2000 in which Justice Sey ordered the IGP
>and
>Attorney General to release immediately and unconditionally, students who
>were
>detained following the 10 and 11 April student riots.
>
>The detained students were Pa Assan Ceesay, Sainabou Jaye, Lamin Jobe,
>Alhagie
>Camara, Ebrima Daffeh, Abdou Sonko and the persons listed in the schedule,
>to
>wit Kaddy Njie, Musa Jobarteh, Omar Joof, Nakulang Ceesay, Baboucarr Ann,
>Alieu
>Khan, Baboucarr Jonga, Alhagie Darboe, Lamin Jadama, Abdou Sonko, Lamin
>Touray,
>Alieu Krubally, Kebba Jallow and Janko Dibba.
>
>The grounds of appeal, dated 18th May 2000, argue that 'Justice Sey was
>wrong
>in law when she failed to exercise her discretion judiciously and refused
>to
>grant the application for an adjournment sought on behalf of the
>respondents
>having regard to the circumstances;' that 'the originating summons not
>being an
>Exparte Application,' Justice Sey 'was wrong in law' in violating one of
>the
>principles of natural justice - the right to fair hearing; that 'having
>refused
>to grant the application for an adjournment,' Justice Sey 'was wrong in law
>in
>accepting as true and correct the contents of the affidavit filed by the
>Applicants as there was no affidavit in opposition by the Respondents when
>the
>essence of the adjournment sought for the respondents to file the necessary
>documents.'
>
>The appellants therefore urged the Count of Appeal to set aside 'the
>declarations and order of the learned Justice Mam Yassin Sey, High Court
>Judge;
>that the petitioners (AG and IGP) be allowed to file the necessary
>documents in
>response to the Originating Summon dated 20th day of April 2000 filed on
>behalf
>of the Respondents; and that the Originating Summons be reheard.'
>
>Reacting to the government appeal, Emmanuel Joof, a member of the coalition
>of
>lawyers defending the students, said the appeal does not augur well with
>the
>government's plea for reconciliation following the events of 'Bloody
>Monday'.
>The appeal, he continued, 'has the potential to open wounds which have
>somehow
>started healing.'
>
>'The substance of Justice Mam Yassin Sey's ruling was that the IGP, his
>servants or agents were wrong in detaining those students incommunicado for
>over 72 hours,' Mr. Joof said, adding that the substance of that ruling c
>annot be challenged because it is prescribed by section 19 (3) of the 1997
>Constitution of the Republic of The Gambia which is today the supreme law
>of the land.
>
>Another member of the lawyers' coalition said Justice Sey was absolutely
>right in her decision to order the release of the students.
>
>'The students had been detained for over 72 hours, which is the legal
>limit; in fact they had been detained for over ten days. How could Justice
>Sey possibly prolong their unlawful detention to wait for the state to file
>an affidavit in opposition?' the lawyer queried, adding that in any case,
>the state had more than a full day to file such an affidavit.
>
>The members of the coalition of lawyers defending the students are Ousman
>Sillah, Mariam Denton, Amie Bensouda, Hawa Sisay-Sabally, Omar Njie, Mary
>Samba, Emmanuel Joof, Amie Joof and Abubakar Tambedou.
>
>If the Appeal Court grants this appeal, the released students may be
>re-arrested and detained pending a rehearing of the Originating Summons.
>
>
>
>--------------------------------------------------------------------------------
>
>
>Copyright (c) 2000 The Independent. Distributed via Africa News Online
>(www.africanews.org). For information about the content or for permission
>to
>redistribute, publish or use for broadcast, contact the publisher.
>
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