Haruna:
Notwithstanding that the Gambia Government's potential liability is in the millions of pounds, the dispute with Carnegie is a simple contractual matter. The parties apparently settled on binding arbitration, thereby excluding any possibility of litigation in the appropriate High Court division in London.
Even in the event of litigation, third party intervention is unlikely to attract judicial blessing in so far as this particular dispute involves no important principles of general public concern, effectively excluding permission for an amicus brief.
I appreciate your concern and public spiritedness, but in a contractual dispute between two competent parties, you and I are condemned to watch the contest from the sidelines. Cooperation in the matter you envisaged is unlikely from either party, albeit for different reasons.
In light of its apparent conduct in effectively terminating the contract without invoking the agreed dispute settlement mechanism of arbitration, the prospect of success appears dim for the Gambia Government.
LJDarbo
Haruna Darbo <[log in to unmask]> wrote:
Hello Simon,
I am in receipt of your response which I attach for my fellow citizens.
I wish to thank you for acknowledging us and we understand your position and
predisposition. We regret that both Yahya & CO. and Carnegie are averse to
recognising the citizens of Gambia as unique party to your current
dispute/misunderstanding, ample evidence to the contrary notwithstanding.
I am also aware of efforts by both Carnegie Minerals and Yahya & Co.
attempting to coerce proprietors and editors of Gambia online newspapers to do their
bidding. I discourage my fellow citizen proprietors of Gambia online news
services from yielding to such coercive advances. This is a landmark case which
has sobering precedence. We must not sell our souls for material
considerations from unscrupulous entities.
by copy of this note, I encourage Mr. Ousman Sillah, Mr. Lamin Darboe, Mr.
Bakary Conteh, Mr. Chongan, Mr. Sanusi Owens, Mr. Halifa Sallah, Mr. Ousainou
Darboe, Ms. Mariam Denton, to consider engaging other appropriate fellow
citizens, proficient in law and jurisprudence, and form themselves into a Citizen
Legal Defense team with a view to protecting the interest of the citizens of
Gambia. I will volunteer, along with desiring citizens and online Gambia
newspaper editors, to form ourselves into the Public Relations arm of such an
entity.
Lamin, please inform me if you are amenable to leading such an adhoc team of
distinguished legal advocates. I will begin raising funds for such an
endeavour. I encourage my fellow citizens in public fora to speak their minds and
show support for forming for our defense.
Sincerely,
Haruna Darbo
[log in to unmask]
In a message dated 2/27/2008 4:21:31 A.M. Mountain Standard Time,
[log in to unmask] writes:
Hi Haruna
I do hope you are well, my name is Simon Elliott and I am an MD at the PR
company FD. One of my clients is Carnegie Minerals plc.
Thank you for your note of 22 February. Having taken legal counsel
regarding the referred to mining license, we have been advised that it would be
inappropriate to send you a copy while the legal case against the company and our
colleague is ongoing. We will however review this once the case has
concluded.
Meanwhile thank you for your support,
Simon
Simon Elliott
Managing Director
(http://www.fd-llm.com/)
Holborn Gate, 26 Southampton Buildings
London, WC2A 1PB
T +44 (0)20 7269 9318
F +44(0)207 269 9367
M +44 (0)7711 387 084
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