Mr. Halifa Sallah:
Thanks for the fine posting on "Powers of the Coroner." I did like you
to also discuss SECTION 11 of the Coroner's Act. Under POWER OF
SUSPICION OF COMMISSION OF OFFENSE, reference is made to sec.11.
Sect.9(2) clearly empowers the Coroner to issue "summons or warrant for
his arrest(i.e., the known person who has committed an offense), or take
such steps as may be necessary to secure his attendance to answer such
charge."
Contrary to the public statements made by the recently-appointed
Coroner, his powers go beyond establishing cause(s)of death.
A possible interpretation of this section and other relevant sections of
the Act is that, if the facts could be established before, during or
(even) after the end of the inquest as to who gave the ORDER to "open
fire" on the demonstrators, that person or persons could be brought
before the coroner "to answer such charge."
Coroner Yahya Jammeh has already laid the ground work for a total
white-wash which many people in Gambia saw coming(see "Hamat Bah Takes
Jammeh To Task" THE POINT, TUESDAY 25 APRIL).
Sources tell me from Banjul, that people are not interested in a
Coroner's Inquest, because they already know that these kids, and Omar
Barrow were gunned down by the security forces. This is also Hamat Bah's
implication in his POINT article. What people want to know in earnest
is when the Commission of Inquiry will be established.
Your comments are welcome and appreciated.
Additionally, I urge all to write to Ambassador Akrouf, UNDP REP. in
Gambia,([log in to unmask]) and send the petitions that would then
be hand delivered to Secretary-General Annan.
Abdoulaye
No justice, no peace!
Jammeh Must Go!
foroyaa wrote:
>
> Post Mortem is crucial in determining the cause of death in an inquiry.
> Hence, section 4 (1) of the Coroner's Act empowers the Coroner to order the
> post mortem examination of the deceased. It states:
>
> "Whenever an inquiry into the cause of death of any person is required to be
> held under the provisions of this Act, a Coroner may, subject to any rule
> made under this Act, direct a medical officer or other duly qualified
> medical practitioners to hold a post mortem examination of the deceased
> person."
>
> The Coroner also has power to suspend burial to enable the 'post mortem
> examination to be done. Hence, section 4 (2) states:
>
> "A Coroner may prohibit the burial of any dead body within the territorial
> limits of his jurisdiction until an inquiry under this Act shall have been
> held."
>
> Even after burial, if necessary, the Coroner may order the examination of
> the dead body as states in subsection (3) "Wherever a Coroner deems it
> expedient in order to discover the cause of death or make an examination of
> the dead body of any person who has already been interred, he may order such
> body to be exhumed and examined."
>
> POWERS WHEN DEATH OCCURS IN CUSTODY
>
> According to section 6, subsection (2), when any person dies while in the
> custody of the police or of a prison officer or in prison or when detained
> in any place under the provisions of the Lunatics Detention Act or of the
> Criminal Procedure Code, "a Coroner may, subject to the provisions of
> section 11 of this Act, hold an inquiry, either instead of or in addition to
> the investigation held by the police officer."
>
> POWER ON SUSPICION OF COMMISSION OF OFFENCE
>
> According to section 9 (2) of the Act, "Subject to the provisions of section
> 11 of this Act, if before or at the termination of any such inquiry a
> Coroner is of the opinion that the commission of an offence by some known
> person has been disclosed, he shall issue a summons or warrant for his
> arrest, or take such other steps as may be necessary to secure his
> attendance to answer such charge."
>
> What happens when such accused person appears before a Coroner? The
> subsection goes on to say "On the attendance of the said person, the Coroner
> shall commence the inquiry de novo and shall proceed in the manner provided
> in Part VI of the Criminal Procedure Code for holding a preliminary inquiry
> into an offence."
>
> In fact, subsection (1) of section 9 of the Act states: "Notwithstanding the
> repeal of Part VI and section 236 of the Criminal Procedure Code and save as
> otherwise provided in this Act, a Coroner holding an inquiry under this Act
> shall exercise all powers conferred by that Code upon a Magistrate holding a
> preliminary inquiry into an offence, as if those provisions had not been
> repealed."
>
> Furthermore, it is stipulated in section 12 of the Act that ".... if any
> person is brought before a Coroner charged with murder, manslaughter, or
> infanticide, such Coroner shall have the like powers as to committing that
> person for trial before the Supreme Court as might be exercised under the
> Criminal Procedure Code by a Magistrate if such person were charged before a
> Magistrate."
>
> The question now arises: What powers does this part confer on the Coroner?
>
> DISCHARGE OF ACCUSED PERSON
>
> Section 184 of the Criminal Procedure Code states: "If the court considers
> that the evidence against the accused person is not sufficient to put him on
> his trial, the court shall forthwith order him to be discharged as to the
> particular charge under inquiry; but such charge shall not be a bar to any
> subsequent charge in respect of the same facts:
>
> "Provided always that nothing contained in this section shall prevent the
> court from either forthwith, or after such adjournment of the inquiry as may
> seem expedient in the interests of justice, proceeding to investigate any
> other charge upon which the accused person may have been summoned or
> otherwise brought before it, or which, in the course of the charge in
> respect of which that accused person has been discharged as aforesaid, it
> may appear that the accused person has committed."
>
> COMMITMENT FOR TRIAL
>
> The Coroner may on the other hand think there is enough evidence to commit
> the accused for trial. Hence, section 185 of the Code states: "If the court
> considers the evidence sufficient to put the accused person on his trial,
> the court shall commit him for trial to the Supreme Court and shall, until
> the trial, either admit him to bail or send him to prison for safe-keeping.
> The warrant of such first-named court shall be sufficient authority to the
> officer in charge of any prison appointed for the custody of prisons
> committed for trial, although out of the jurisdiction of such court."
>
> The Coroner may be of the opinion that an offence has been committed by an
> unknown person. Hence section 9 (3) of the Coroner's Act states: "If at the
> termination of the inquiry the Coroner is of opinion that an offence has
> been committed by some person or persons unknown, he shall record his
> opinion accordingly."
>
> What if the Coroner is of the opinion has been committed? Section 9 (4)
> states "If at the termination of the inquiry the Coroner is of opinion that
> no offence has been committed, he shall record his opinion accordingly."
>
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