Mori Kebba Jammeh Its about time we hear from PDOIS/NRP. In the past PDOIS have advocated for a Multi-Party Conference on Reconciliation but the idea was always shunned by both parties(UDP/APRC) for reasons best known to them. Perhaps now is the time for PDOIS/NRP to organise a multi- party conference on reconciliation. Halifa ; your views on the whole scenario is needed. >From: Mori Kebba Jammeh <[log in to unmask]> >Reply-To: The Gambia and related-issues mailing list ><[log in to unmask]> >To: [log in to unmask] >Subject: Re: THE UDP LEADER AND 24 OTHERS >Date: Wed, 21 Jun 2000 18:04:15 -0500 > >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. > > > > >-------------------------------------------------------------------------- >-- > > > > To unsubscribe/subscribe or view archives of postings, go to the >Gambia-L > > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > > > >-------------------------------------------------------------------------- >-- > > > >---------------------------------------------------------------------------- > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >---------------------------------------------------------------------------- ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------