Here we go again with the incompetent AG chambers exhibiting their
mediocrity for the whole world to see. These people are so dumb and their
positions so indefensible that they cannot put pen to paper. When they are
faced with affidavits, instead of responding in kind, Pap Cheyassin sits in
his cozy office and send novice lawyers to court to go make a fool of
themselves. This would have been almost hilarious had it not involved life
and death issues for some people. So what is their next move now? Do like
they did with the illegally jailed students and run back to court to try and
get the court order overturned? These people have no shame. We counsel those
green lawyers at the AG chambers that next time such nonsense happens, they
should ask Secka to go to court and argue for someone to be illegally
incarcerated. Like I said before, this is a welcomed victory and we
appreciate the assistance of the lawyers. But this is a political problem
and not a legal matter. This problem should not even be solved in the
courts. These people should not be charged with any crime, period. Every
decent Gambian should make that abundantly clear to this regime. The AG
knows that a murder charge cannot stick. But more significant and sinister,
the AG knows that it is highly likely that they can find a judge in Gambia
who can rule that this murder is not a bailable offense. If a judge does
that, Darboe and his supporters will languish in jail while they wait for a
trial for some bogus charges to begin with. That is why I was earlier on
advocating that Darboe's supporters insist that the charges be dropped
forthwith. Darboe's legal team are on shakey grounds on the bail issue if
this matter escalates to the high court as a murder trial. This matter
should be fought at this level. Left to this slimy government and their AG,
they can just charge him with murder in order to silence him during the
campaign season. The master plan of the AG is to try and make the charges
stick for now, regroup and come to court and argue that murder is not a
bailable offense in the Gambia. Guess what? He might succeed too. We
obviously do not want to get to that stage. So I beg Darboe supporters and
the opposition in general to make sure this mockery of our justice system
stops forthwith. These political prisoners should be released to their
families with no strings attached. I would join mori and ask Halifa Sallah
to take a stand on the side of Darboe. It might be Darboe today. Who knows
who's going to be next. Yaya and his gang of thugs cannot be given benefit
of the doubt. There is no room for political correctness here. This is war.
KB



>From: foroyaa <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: THE UDP LEADER AND 24 OTHERS
>Date: Wed, 21 Jun 2000 22:02:06 +0100
>
>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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