Mori Kebba Jammeh
Its about time we hear from PDOIS/NRP.
In the past PDOIS have advocated for a Multi-Party Conference on
Reconciliation but the idea was always shunned by both parties(UDP/APRC) for
reasons best known to them. Perhaps now is the time for PDOIS/NRP to
organise a multi- party conference on reconciliation.

Halifa ; your views on the whole scenario is needed.





>From: Mori Kebba Jammeh <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: THE UDP LEADER AND 24 OTHERS
>Date: Wed, 21 Jun 2000 18:04:15 -0500
>
>I would like to hear PDOIS position on this attack on the opposition.
>
>Mori Kebba Jammeh
>
>----- Original Message -----
>From: foroyaa <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: Wednesday, June 21, 2000 4:02 PM
>Subject: THE UDP LEADER AND 24 OTHERS
>
>
> > 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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