from:http://www.africanews.org/west/gambia/

Government wants re-arrest of student leaders?


The Independent (Banjul)
June 5, 2000
By Lamin Dibba

Banjul - The Gambia government, through the Attorney General and Inspector
General of Police, has appealed against the decision of Justice Mam Yassin Sey
of the high court on 20th April 2000 in which Justice Sey ordered the IGP and
Attorney General to release immediately and unconditionally, students who were
detained following the 10 and 11 April student riots.

The detained students were Pa Assan Ceesay, Sainabou Jaye, Lamin Jobe, Alhagie
Camara, Ebrima Daffeh, Abdou Sonko and the persons listed in the schedule, to
wit Kaddy Njie, Musa Jobarteh, Omar Joof, Nakulang Ceesay, Baboucarr Ann, Alieu
Khan, Baboucarr Jonga, Alhagie Darboe, Lamin Jadama, Abdou Sonko, Lamin Touray,
Alieu Krubally, Kebba Jallow and Janko Dibba.

The grounds of appeal, dated 18th May 2000, argue that 'Justice Sey was wrong
in law when she failed to exercise her discretion judiciously and refused to
grant the application for an adjournment sought on behalf of the respondents
having regard to the circumstances;' that 'the originating summons not being an
Exparte Application,' Justice Sey 'was wrong in law' in violating one of the
principles of natural justice - the right to fair hearing; that 'having refused
to grant the application for an adjournment,' Justice Sey 'was wrong in law in
accepting as true and correct the contents of the affidavit filed by the
Applicants as there was no affidavit in opposition by the Respondents when the
essence of the adjournment sought for the respondents to file the necessary
documents.'

The appellants therefore urged the Count of Appeal to set aside 'the
declarations and order of the learned Justice Mam Yassin Sey, High Court Judge;
that the petitioners (AG and IGP) be allowed to file the necessary documents in
response to the Originating Summon dated 20th day of April 2000 filed on behalf
of the Respondents; and that the Originating Summons be reheard.'

Reacting to the government appeal, Emmanuel Joof, a member of the coalition of
lawyers defending the students, said the appeal does not augur well with the
government's plea for reconciliation following the events of 'Bloody Monday'.
The appeal, he continued, 'has the potential to open wounds which have somehow
started healing.'

'The substance of Justice Mam Yassin Sey's ruling was that the IGP, his servants or agents were wrong in detaining those students incommunicado for over 72 hours,' Mr. Joof said, adding that the substance of that ruling c
annot be challenged because it is prescribed by section 19 (3) of the 1997 Constitution of the Republic of The Gambia which is today the supreme law of the land.

Another member of the lawyers' coalition said Justice Sey was absolutely right in her decision to order the release of the students.

'The students had been detained for over 72 hours, which is the legal limit; in fact they had been detained for over ten days. How could Justice Sey possibly prolong their unlawful detention to wait for the state to file
an affidavit in opposition?' the lawyer queried, adding that in any case, the state had more than a full day to file such an affidavit.

The members of the coalition of lawyers defending the students are Ousman Sillah, Mariam Denton, Amie Bensouda, Hawa Sisay-Sabally, Omar Njie, Mary Samba, Emmanuel Joof, Amie Joof and Abubakar Tambedou.

If the Appeal Court grants this appeal, the released students may be re-arrested and detained pending a rehearing of the Originating Summons.



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