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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