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. _________________________________________________________________ Get fast, reliable access with MSN 9 Dial-up. 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