Ndey
Unfortunately, you have n't subscribed to gambia-post
or else you would seen my email exchanges with Banka
Manneh.
To cut it short-the Criminal Procedure Amendment Act
does not apply to Darboe's case.I am ready to
challenge any Gambian Lawyer on this issue.
Even if this Act was to apply against Darboe then
surely the notion of unreasonable delay will apply
here. The government has not called in a single
witness to testify in this case, all what we read from
the papers is that DPP has assked for an adjournment
bla bla bla. Thats typical of a lawyer who is too shy
to establish his case against his adversaries.
This government spent endless resources trying to
contest Darboe's bail application. Instead of
proceeding with establishing the facts against him,
they appealed all the way to the Appeal Court for a
"RULING". Last week, the Court of Appeal ruled that
Darboe should make a fresh application, it did n't
order for Darboe to be detained and therefore the
Government's press release surrounding his unlawful
detention is full of flaws.
Have a wonderful day.
Sanusi Owens
--- Ndey Jobarteh <[log in to unmask]> wrote:
<HR>
<html><div style='background-color:'><DIV>
<P><BR><BR></P></DIV>
<DIV></DIV><EM>"In view of the recent increase in the
crime of murder and other violent </EM>
<DIV></DIV><EM>offences and in order to ensure that
the public continues to be adequately </EM>
<DIV></DIV><EM>protected, that expressed public fears
are allayed and that people are </EM>
<DIV></DIV><EM>prevented from taking the law into
their own hands, the National Assembly </EM>
<DIV></DIV><EM>earlier this year enacted the Criminal
Procedure Code (Amendment) Act, 2002. </EM>
<DIV></DIV>
<DIV></DIV><EM>"Under this amendment to Section 99 of
the Criminal Procedure Code, all </EM>
<DIV></DIV><EM>persons charged with murder and other
similar offences for which the penalty </EM>
<DIV></DIV><EM>is death or life imprisonment are not
entitled to be granted bail unless </EM>
<DIV></DIV><EM>where the trial has been unreasonably
delayed. </EM>
<DIV></DIV>
<DIV></DIV><EM>"This has been the legal position since
February this year, and has since </EM>
<DIV></DIV><EM>then been applied in all cases of
murder and similar offences to every </EM>
<DIV></DIV><EM>person so charged irrespective of the
status of such person since everyone </EM>
<DIV></DIV><EM>is equal before the law, as provided
for in the constitution," the release </EM>
<DIV></DIV>
<P><EM>concluded."</EM></P>
<P> </P>
<P>Can someone please explain this to me because i
don't seem to understand. If the ammendments to
Section 99 of the Criminal Procedure Code was done in
February this year. How does that implies on people
charged in June 2000? Can any lawyer or legal person
explain this to me.</P>
<P> </P>
<P>The Struggle Continues!!!</P>
<P>Ndey Jobarteh</P>
<P> </P>
<P> </P>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>
<DIV></DIV>>From: Malanding Jaiteh
<[log in to unmask]>
<DIV></DIV>>Reply-To: The Gambia and related-issues
mailing list <[log in to unmask]>
<DIV></DIV>>To: [log in to unmask]
<DIV></DIV>>Subject: What has become of us?
<DIV></DIV>>Date: Wed, 27 Nov 2002 10:53:19 -0500
<DIV></DIV>>
<DIV></DIV>>Folks,
<DIV></DIV>>I hate to be personal but I can't
understand how Joseph Joof would allow
<DIV></DIV>>himself to stoop this low. What is it
worth?
<DIV></DIV>>
<DIV></DIV>>It is one thing for that bunch in name of
our National Assembly to come up
<DIV></DIV>>with any nonsense and call it law for "we
know they do not know what life is
<DIV></DIV>>really worth" (Bob Marley). But for the
likes of Joseph Joof to willingly
<DIV></DIV>>participate in this travesty is not only
disservice to the Gambia (as the
<DIV></DIV>>country's chief legal adviser) but
unethical as a schooled lawyer.
<DIV></DIV>>
<DIV></DIV>>What happened to common sense, justice and
fair play Bishop Cleary (formerly
<DIV></DIV>>Father Cleary) worked so hard to instill
in us? What can we say when in
<DIV></DIV>>2021 another bunch of idiots come up with
similarly obnoxious amendments
<DIV></DIV>>making it treason to have participated in
Yahya Jammeh's government between
<DIV></DIV>>1993 and 2020? Do we standby while they
drag you and the likes for not doing
<DIV></DIV>>enough to call injustice what it deserves
to be called? I say sham on us!
<DIV></DIV>>
<DIV></DIV>>Malanding Jaiteh
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>Gov't Clarifies, UDP Reacts Following
Arrest Of Darboe & Co.
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>The Daily Observer (Banjul)
<DIV></DIV>>
<DIV></DIV>>November 26, 2002
<DIV></DIV>>Posted to the web November 26, 2002
<DIV></DIV>>
<DIV></DIV>>Alieu Badara Ceesay
<DIV></DIV>>Banjul
<DIV></DIV>>
<DIV></DIV>>In the wake of speculations following the
arrest of UDP's Ousainou Darboe
<DIV></DIV>>Friday, the Attorney General's Chambers
has issued a press release to
<DIV></DIV>>clarify and put things in the right
context. This is the text of the press
<DIV></DIV>>release: "We issue this press release to
clarify the present legal position
<DIV></DIV>>with regard to persons charged with murder
and other similar offences for
<DIV></DIV>>which the penalty is death or life
imprisonment.
<DIV></DIV>>
<DIV></DIV>>"In view of the recent increase in the
crime of murder and other violent
<DIV></DIV>>offences and in order to ensure that the
public continues to be adequately
<DIV></DIV>>protected, that expressed public fears are
allayed and that people are
<DIV></DIV>>prevented from taking the law into their
own hands, the National Assembly
<DIV></DIV>>earlier this year enacted the Criminal
Procedure Code (Amendment) Act, 2002.
<DIV></DIV>>
<DIV></DIV>>"Under this amendment to Section 99 of the
Criminal Procedure Code, all
<DIV></DIV>>persons charged with murder and other
similar offences for which the penalty
<DIV></DIV>>is death or life imprisonment are not
entitled to be granted bail unless
<DIV></DIV>>where the trial has been unreasonably
delayed.
<DIV></DIV>>
<DIV></DIV>>"This has been the legal position since
February this year, and has since
<DIV></DIV>>then been applied in all cases of murder
and similar offences to every
<DIV></DIV>>person so charged irrespective of the
status of such person since everyone
<DIV></DIV>>is equal before the law, as provided for
in the constitution," the release
<DIV></DIV>>concluded.
<DIV></DIV>>
<DIV></DIV>>Meanwhile, at a hastily arranged press
conference in Banjul, Saturday, the
<DIV></DIV>>UDP has denounced the arrest of its leader
and others. Mr Darboe was picked
<DIV></DIV>>up along with his deputy Yaya Jallow,
youth president Shyngle Nyassi and
<DIV></DIV>>Lang Marong. They are in detention in
various police stations.
<DIV></DIV>>
<DIV></DIV>>The UDP legal secretary, Mariam Denton,
said the arrest was unconstitutional
<DIV></DIV>>because "they have not been told up to
date the reason for their arrest and
<DIV></DIV>>subsequent detention." She said their
lawyers "are working on modalities to
<DIV></DIV>>seek court action to get them released
without further delay." Asked if the
<DIV></DIV>>arrests are related to Tuesday's Court of
Appeal ruling which set aside a
<DIV></DIV>>bail granted to them by the High Court,
Mrs Denton responded, "the court had
<DIV></DIV>>held that the originating sermons is still
pending and shall be heard by the
<DIV></DIV>>court..." She said the director of public
prosecution had assured the Court
<DIV></DIV>>of Appeal that Darboe and others would not
suffer any negative consequences
<DIV></DIV>>as a result of its judgement.
<DIV></DIV>>
<DIV></DIV>>Meanwhile, sources have clarified that
Baba Drammeh who is in Dakar, Senegal
<DIV></DIV>>and Rewane Secka, Mr Darboe's bodyguard,
have not been arrested.
<DIV></DIV>>
<DIV></DIV>>Both men are among those charged with the
murder of Alieu Njie, an APRC
<DIV></DIV>>supporter, in June 2000 in Basse.
<DIV></DIV>>
<DIV></DIV>>
<DIV></DIV>>
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<DIV></DIV>>Copyright © 2002 The Daily Observer. All
rights reserved. Distributed by
<DIV></DIV>>AllAfrica Global Media (allAfrica.com).
Click here to contact the copyright
<DIV></DIV>>holder directly for corrections -- or for
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Have a wonderful day
Sanusi Owens
[log in to unmask]
..............................................................................................................
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