This case illustrates one of the worst cases of denial of justice in our
country. One cannot overstate the fact that these innocent citizens were
kidnapped by a callous regime and incarcerated unlawfully. I receive news
that Ousainou Darboe has joined the legal defense team, with encouragement.
I hope Darboe et al complement the fine efforts that has been put in this
case by young lawyers like Emmanuel Joof and Baa Tambedou. We have to
recognize that thanks to the tremendous efforts of those fine gentlemen,
this case at least made it to court; albeit the AG chambers was kicking and
screaming on their way to court. Joof and Tambedou did a fantastic job
forcing the hand of the AG chambers. They helped highlight the injustice
that was being visited on their clients and eventually succeeded in earning
their clients the 'luxury' to be visited by their families and their
lawyers. I respectfully urge Joof and Tambedou to continue the good job they
are doing and work with legal luminaries like Darboe and Sillah to win the
eventual release of their clients. Keep up the good job.

Having said that, I must say that it  is pathetic that while these innocent
citizens languish in jail, the judiciary and AG chambers is passing the buck
to each other. According to reports, Justice Grante conveniently dodged the
bullet by saying that he does not have jurisdiction to hear this treason
case. Apparently, the government cannot guarantee its citizens one of the
most fundamental rights enshrined in our Constitution: Right to a speedy
trial before a citizen's peers. As I said in other postings, the
Constitution allows criminal defendants to opt for trial by jury if they so
wish. But thanks to a lame-duck legislature, there is no legislation in the
country's books spelling out the mode such a trial should take. As a result,
like in the Basse Ambush case, each time a criminal defendant raises this
preliminary objection, AG chambers and the courts are lost in a quagmire.

But should Dumo et al pay for this government's inefficiency? Is it right
for these innocent citizens to remain in jail while those vermin at the AG
chambers and the National Assembly drag their feet about the legislation
regarding the constitution of juries? Grante should have at least assumed
jurisdiction if only to release these innocent citizens while they wait for
their trial. If Haddy Roche (a magistrate) can usurp jurisdiction and order
the incarceration of these citizens, Grante should be able to step to the
plate and rectify the wrong committed by Roche. I remind people that the
only reason these people are in jail, is the erroneous ruling Roche gave
when Pap Cheyassin Secka ran behind Emmanuel Joof's back and had Haddy Roche
issue a ruling jailing these people. The courts have to address that ruling.
They can run all they want, but they cannot hide.

All we ask is, while they are bickering about jurisdiction, they should
release Dumo et al on bail pending their trial. What is happening to these
citizens is one of the worst forms of human rights violations and
state-sanctioned terrorism. You have government thugs abducting innocent
citizens and incarcerating them, incommunicado for months and denying them
the basic right to a speedy trial before a jury of their peers. If we allow
such injustice to continue, then no Gambian is immune from this criminal
behavior. Yaya can order his thugs to abduct any Gambian and throw them in
jail and throw the key in the sea. The courts should stop this culture of
impotence and apply the law by releasing these innocent citizens.
KB


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