At the risk of belabouring or parsing in Nderry's guilt, and if you take the
position of litigation as more prudent, I shall endeavour to seek counsel in
Carolina for you. I will pay for your initial consultation with the firm
(including long distance phone calls), and should the firm see merit in further
litigation, I shall assist with the cost (not all) of litigation.
Meanwhile, I encourage Nderry to issue a public apology to all those who,
due to Nderry's actions and or inactions, have been severally maligned and or
suffered injury. A good choice for such may be The Gambia Echo, Posten, and or
Ellen, and or The Point Newspaper. This, while not admitting wrongdoing, will
go a long way in consolidating indemnification for crime or criminal
dispensation. It is advisable that Nderry have a week to consider such apology.
Should he decide favourably, I will abandon pursuit in litigation and aid to his
perceived victims and I would encourage Yanks, Karim, and any other who has
been maligned, to take Nderry's overture into counsel and forgive his
tresspass, real or perceived.
I would appreciate it if any one of our colleagues here would foreward this
note to Nderry with a personal plea for him to exercise more due-diligence in
publication.
Over and out. Haroun Masoud. MQDT. Al Mutawakkil. Darbo.
In a message dated 11/12/2007 7:15:17 P.M. Mountain Standard Time,
[log in to unmask] writes:
Hi Yanks,
Yes Bruv!
“Memoranda: I am disappointed you sign off with "Nemesis Yanks". It takes
away from the gravitasse of your argument. I understand your disposition
vis-a-vis Tunkara, but I think that signature inures animus. And I declare
you do
not intend such. I encourage you to keep it simple and focused. Another more
benign signature as to Tunkara is advised”. Haruna
[Brother far from inuring animosity, my signature is just a choice of phrase
to conclude my write ups it has no bearing of vendetta. It was once
expressed that I use it to people that I perceived as enemies, but this is
not the
case. It is just one of my phrases: Brethren Yanks or Nemesis Yanks. The
choice
depends on my familiarity with the person.] Yanks.
“Brethren Yanks sounds better to me”. Haruna
As you wish brother!
“I keep getting sidetracked with your numerous quotes of disparate persons
and epoch. While this attaches significance to the quotes, it risks
relegating
your commentary to groping for acknowledgement and I find some of the
quotations ineffectual. Hemingway, Einstein, Kant, and Nixon lecterns for
different epochs. The idea for such quotations in law is the establishment
of
precedence in law and deterrence of crime. In your case, you have
established
that Nderry's crimes are complete and you consider measured punishment”.
Haruna
[Brother far from groping for acknowledgement my use of quotes are to make a
persuasive point. That is to tell the reader that this point I’m stating has
been shared with so and so of this epoch. Besides as Socrates rightly puts
it: “employ your time in improving yourself by other men's writings, so that
you shall gain easily what others have laboured hard for”.
In common law, quotation of legislation or legal precedents are used to tell
the judge conducting a trial that this is not words of mine but those of a
judge who had been at your position or above your position or that of the
legislation. I’m sorry you find my quotes ineffectual but that would not
avert me
from my long tradition of quoting honourable men of great accolade to
support
my point in debates, writings or speeches.] Yanks.
“I did not know you were engaged in debate. Further, the value of Ellen is
to
discourage litigation or fight among community members. It is a place where
we can share ideas and alternatives to punitive and injurious courses of
action by community members. There is enormous value however in quoting
"honourable men of great accolade to support your point in debate". I share
ideas in value-quotation”. Haruna
I never said I was engaged in a debate but that I will use quotes in
debates, speeches and writings.
About the exchange of ideas Brother: “Our ideas are only intellectual
instruments which we use to break a phenomena; we must change them when they serve
their purpose, as we change a blunt lancet that we have used long enough”.
Claude Bernard 1813-78. My punitive injurious is an idea, but just as John
Locke rightly stated: “New opinions are always suspected, and usually opposed,
without any other reason but because they are not common”. I think this speaks
volumes for my course here. Besides “What we need is hatred. From it ideas
are born”. Jean Garnet 1910-86
“As regards Nderry's crimes, I have shared with you that I hold no brief for
the man, neither do I believe him benign. However, I encourage you to
consider this:
Nderry's custody of a list of his informants, or his publication of a list
of informants, accurate or not, and malicious or not, does not in itself
warrant Yahya's wrongful arrest, detention, imprisonment, or murder of any
person or persons in such list. In other words, I rather hold Yahya to a
higher
standard of due-diligence than I do Nderry. This is even if I believe Yahya
to be
aversed by Nderry's informants. I encourage you therefore to de-link
Nderry's crimes of slander and libel and gaucherie, from Yahya's
pre-dispositions
and or actions. Do not attach more significance to Nderry than he is due. It
is
a heavy burden for the invalid to have to consider authority of another
person's ware. He must first be of sound mind and body”. Haruna
[Brother the damage of Nderry’s negligence here has been done and innocent
people have been victimised. Whether Jammeh did the detention, imprisonment
or murder is not and issue of dispute; but would it have happen if Nderry
had
taken the precautionary measures? This is a question of causation; it would
not have happen but for his action or inaction it happened. He was in
custody
of people’s personal information how that ended up in Jammeh’s hands is
still
a mystery to me. At the end of the day people suffered while Pa Nderry
benefited by gaining his refugee status in the US. What a coincidence!]
Yanks.
“Exactly. Nderry therefore could be accused of Negligence or not exercising
ample due-diligence to protect the privacy of his correspondents. However,
he
cannot be charged with any of the crimes of detention, imprisonment, or
murder, or accessories thereto. It is reasonable to suspect Nderry's
intentions or
motives for yielding Asylum out of the matter, but consider that the Asylum
protected Nderry from deportation, arrest, detention, and murder, and is
valuable for the safety of his person but not the commission of crimes
against
other because there was no evidence to support such intent or action on
Nderry's part prior”. Haruna
The issue I reiterate is not a negligence issue that is civil law of Torts,
this is a criminal matter and the Issue is about causation of the crime not
relating to custody. Causation is the issue here. Negligence is a breach of
duty damage at the tale end; this case crime at the tale end that cannot be
negligent but criminal. Remember there victims of this crime still seeking for
justice. Innocent men and women, who would not have suffered from Jammeh but
for Pa Nderry’s actions or inactions, Simple!
“As to Free On-Line Tabloid, this outfit does serve a value. Not to me of
course but to the Life of credence. Remember that The Daily Observer, itself
a
Tabloid, operates in a lawless atmosphere replete with gossip, slander, and
innuendo. It is in this quest that it sought to violate the rights to
privacy
of a peer tabloid, the Free On-Line, by surreptitiously publishing the
latter's list of correspondents without necessary due-diligence in vetting
for
value and accuracy. And, the desire or intent to do harm therefore to any in
the
list, is the domain of The Daily Tabloid. I wonder if you're with me. In
effect, The Free On-Line Tabloid did not exhibit intent, nor did it act on
perceived intent by supplying the list to the The Daily Tabloid. Might we
therefore
conclude, that whatever our impression of Nderry, the crimes of arrest,
detention, and murder, or accessory thereto, have not been completed by
Nderry.
Now this does not speak to the colour or character of the persons on
Nderry's
database”. Haruna
[In fact Bro, freedom newspaper first published the list before observer
copied it a day or two later.] Yanks.
“Yanks, I did not know this to be the case. I thought Nderry's site was
hacked and via a proxy server, the database was published as if Nderry had
published it. In other words his email protocol were spoofed. If you are
correct in
that Nderry actually published the info himself, then it will have been an
aggregious crime punishable by death, or de-minimis, must be prosecuted”.
Haruna
Brother, say that’s what you believe, my believe is different! What happen
to the law suits? If you remember well, first it was Ebou Jallow, who did the
hacking, then it was some company in Southampton, UK, and then George Sarr
tracked it to somewhere in China. It’s all baloney!
[But this is not just the crime Nderry has committed, Nderry has been using
a 'by-line' of Buba Jammeh from state house. In fact there was a soldier
from
Brikama by that name at the state house, who ended up serving one year in
Mile two central prison.] Yanks.
“Again I was not aware of this. If true, Nderry has displayed odious
ignorance and negligence or at the extreme malicious injury on any Buba
Jammeh
anywhere in Gambia. He could have exercised due-diligence in using names not
familiar
to Gambia even if any of his informants were named Buba Jammeh, which I
doubt very
seriously. And that is why I hold Yahya to a higher standard of
due-diligence not to arrest,
detain, or mistreat any person named Buba Jammeh simply because the invalid
Nderry, out
of ignorance and uncouth malice, may have represented them "informants".
Haruna
I guess there is a lot more that you don’t know about Nderry’s crimes. I
have a dossier of it, remember I’m a victim, I can tell you the pain it felt!
[But shortly after Sgt Buba Jammeh’s arrest Nderry stopped using that by
line on Freedom. What does that tell, certainly from the authorities in
Banjul's
point of view they had caught the right person?]. Yanks.
“Yanks, indeed Nderry has demonstrated excruciatingly poor judgements and
hightened and malignant unprofessionalism witness my alleging him decrepit
invalid. However, it could mean severe shortcoming in acumen and
professionalism
and not necessarily intentional administration of harm, bodily injury, and
or detention
on Buba. And these are the reasons why I suggest you reconsider the mode and
scope
punishment for these crimes of the inferior mind”. Haruna
Excruciatingly indeed and he continue to demonstrate that more often that’s
why his victims levelling Jammeh’s.
Tell me brother how do I change a punishment, so simple as setting up an on
line newspaper to counter the evil of Pa Nderry. You want me to seat and wait
till you too hit the freedom headlines. Now you can see my altruistic
nature.
[Another point is that how come more than the hundred people, who suffered
either directly or indirectly from the freedom newspaper fracas; there was
no
relative, not even a distance cousin, of Pa Nderry involved. I guess Brother
we can call that another coincidence.] Yanks.
“I understand your suspicion. However, considering the other crimes of
Nderry, this could be merely coincidental and still the workings of a
dis-eased
mind. In other words by default thereof and not design”. Haruna
I did state we can call it a coincidence; shall we agree on that!
“The only other crime you accuse Nderry of is his affect on the dissolution
of NADD. I think anything other than disappointment in Nderry will be
stretching it a bit as regards NADD. No one is to blame for the dissolution
of
NADD but the parties to the conversation that was NADD. Further, no one is
to be
commended for any achievements of NADD but the parties to the NADD
conversation. Besides, Nderry, believing he has as much of an interest in
NADD
as You, Tunkara, or myself, reserves a right to affect the quality and
character of
any NADD, with or without our demonstration of our own interests and their
scope. I encourage you to indemnify Nderry of any liability or credit for
NADD
and its ware. The NADD participants are persons of major age and of sound
body
and mind”. Haruna
[Brother Pa Nderry cannot be indemnified of NADD dissolution, he was running
a public medium where he carelessly allowed every Tom and Jerry to express
their personal vendetta against the coalition members; this generates
animosity in any coalition. It is true that NADD members did contribute to
the
dissolution of NADD but freedom did not help.] Yanks.
“Indeed Yanks. No matter how disappointed you are in this regard, and for
the
fact that Free On-Line Tabloid did not help the fortunes of NADD, Nderry or
his Tabloid still did not commit any crime vis-a-vis NADD. If anything,
Nderry may have done us all a favour by arresting NADD for it demonstrated
the
acumen and sobriety of the NADD partners if their deliberations could be so
guided by Nderry and Free On-Line Tabloid. We may wish to thank Nderry
therefore
for the dissolution of a sick NADD”. Haruna
We will continue to thank him for many more dissolutions to come!
[There is a room for contemplation that Pa Nderry did not want NADD to work,
simply if they had won the election he would not have succeeded in his
Asylum claim in the United States.] Yanks.
“This is too speculative and unreasonable. I do not agree with you here,
regardless of our perceptions of Nderry's motives to be. I do not see how
the
ware of a prospective NADD can affect any asylum proceedings of anyone”.
Haruna
Just like I do not agree with your disagreement; I guess we can say: we
agree to disagree on this point.
“I do believe Nderry has committed the crimes of libel and slander against
some persons, including yourself and Abdoukarim among many others. The
question then becomes; How you the aversed hold Nderry liable for crimes on
your persons. But I do not believe he has committed any crime against NADD
(an
intractable victim), the persons in his list of "informants" who fell prey
to
other's illegal actions, or for the mere proprietorship of a Free On-Line
Tabloid.
The outfit risks committing fraudulent agency and benign decrepitude, but
those are the same crimes The Daily Tabloid commits. Now then in the realm
of
comparative crimes, I submit that the two tabloid are generically antidotes
of each other”. Haruna
[Brother I’m glad you acknowledged that truth that Pa Nderry is a criminal.
The crimes he committed against me; Karim, Sadibu Jadama, Sheriff Bojang, Mr
Low, Fatoumata Jahumpa, PK Jarju, Yorro Jallow, Muhamed Jawara, Yankuba
Jambamg, the list goes on. Brother these crimes are still pending; if only I
was
in America I would have been in court with Pa Nderry. How do you think
people
view us now? It is a scar that we carry with us every day. It worried
Sheriff
Bojang so much that he had to call Nderry to beg him. People don’t know the
fear Pa Nderry has instilled in the minds of ordinary Gambians. People call
me like I had an accident, every one was worried about me like “Njalahirr”
has knocked at my door, but that is the Cruelty of Pa Nderry!] Yanks.
“I understand your chagrin and indeed Nderry did commit crimes against some
of these persons. And if its any consolation, I advise that you do not have
to
be in America to file suit for redress against Nderry for the crimes are
international in nature and Nderry's residence is immaterial in this regard.
Perhaps this is a better, wiser course of action than expenditures in
another
Tabloid aimed at bringing Free On-line Tabloid down. Should you desire to
pursue
the legal avenue, I will be totally in support of you the victims of
Nderry's unprofessionalism and negligence. If you consider it more,
litigation could
convince Nderry to either change his ways, apologise to those he has harmed
(whether
he intended to or not), or even cease and desist with the Tabloid. Let me
know if you, Karim,
and other victims wish to pursue this wiser course of action rather than
what I believe to be
the foolhardy and vainglorious pursuit of evil to counter evil”. Haruna
Brother; I thought jurisdictional issues might be a problem, but if you so
wish; it will be a great strive for humanity in bringing this monster to book.
I have my own evidence they are right in the archives of Freedom Newspaper
itself. Please just find me an attorney and let’s see where to begin. This is
my strife, for I believe, I have been wronged unjustly. So may be we can
begin with my case first and hopefully America will rise to the realisation of a
lawless newspaper in it jurisdiction that is responsible for genocide in the
Gambia.
I have pictures and articles from “Reporters without Borders” about the
crimes of Pa Nderry. It will be an interesting case. May be it will set a legal
precedent in America for online publishers to take due diligence in what they
publish. Publishers must always have consideration to the effect of their
actions; it’s a simple rational question. The BBC would not allow an interview
with Lamin Cham, who was their correspondence in Banjul at the time, because
it feared for his safety. Since he could be re-arrested if he should give an
interview, shortly after being freed, even though angered Mr Cham had
demanded so. It's worth pointing to you that Mr Cham too was arrested becuase of his
links with the freedom newspaper fracas. Haruna; the BBC showed care in this
case if any journalist or online publisher can't show that care they should
be ceased than to continue to put lives at risked. You don't even no how
serious i am. I might be lonely voice but i speak of the truth. You just find me
an attorney! I will speak to Sheriff, uncle Sadibu, Fatoumatta Jahumpa Ceesay
and Karim. Brother do us a favour and get us an attorney give him my number
and I will find out the merits of our case. I don’t know much about the
American legal system but I believe one can find justice even in America!
[We can agree to disagree; but Pa Nderry in my books is a criminal just like
his accomplish Yahya Jammeh! And I will never agree to the alternative!]
Brethren Yanks.
“I advise tempered and proprietary justice”. Haruna
Justice has no temper!
Brethren Yanks
_________________________________________________________________
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