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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