In the same spirit we criticize some of the corrupt (mostly foreign) judges
and lawyers in The Gambia, it is only fair that we also point out areas
where people are doing some good. The ruling handed by Mam Yassin Sey in the
Dumo case is another example of this lady stepping to the plate when
required to do so. Joof and Tambedou did a fantastic job. But the judge also
deserves a lot of credit; not that she is on our side, but she is on the
side of the law. She again showed that when she is required to exercise her
legal discretion, she will make decisions that would be supported by the
law, even if the decision is unpopular to the government. All we ask is for
the decisions to be fair. We do not even mind if the rulings are against us
(the people). Joof and Tambedou did not get everything they asked for when
they went to court i.e. the unconditional release of their client. But they
were not abusive to the judge, neither are we. That is because people
realized that the judge applied the law and the wisdom of Solomon to do what
is right under the circumstances. So, we commend the lady for stepping up to
the plate.
The illegal and anarchist government we have saw the ruling coming (or
perhaps, they orchestrated the ruling) and knew that they were going to lose
because as usual their position is indefensible. They know they cannot
justify holding someone in jail without charge for over 500 hours (as
opposed to the 72 hours maximum). What did they do to cover their behind?
They moved the goal post again and ran behind people's back to a little
magistrate in Kanifing to charge the suspects. That way, they rendered the
72 hours argument moot. Well, it is only moot as far as ordering their
release is concerned. But Mrs. Saho and her lawyers should hold onto Mrs.
Sey's ruling tightly. They can sue the government later for damages for the
unlawful incarceration. This ruling is also significant because it sets a
threshold for the government. Mrs. Sey said that no matter how serious the
offense is, suspects have to be charged within 72 hours. The ruling also
sends another message i.e. Dumo is not a threat to society because of these
bogus charges. This will help his lawyers in subsequent bail applications.
But the most significant thing about Friday and Tuesday (and here a lot of
credit goes to Joof, Tambedou and Mrs. Saho) is that it forced the
government to officially close their non-existent investigations and charge
the suspects. The reason this is significant is that, now they cannot
legally argue that bail should be denied because they are conducting
investigations and the accused persons will tamper with those
investigations. That argument is gone. The government says it has tapes. Let
them show us. They obviously must have shown tangible evidence to the
magistrate or else she should not have charged them. So the government
should now bring that evidence to the court in Banjul. The investigation is
over. Now the paramount obligation for the court is allow these people to go
home scot-free or at least be in a position to mount a vigorous defense
against these spurious charges. I assume that if murder is a bailable
offense then treason would be too. Our humble advise to Mrs. Saho and all
the lawyers involved in the defense of these suspects is for them to attack
the court forthwith  with a bail application. They are on solid ground
there. The accused persons cannot interfere with non-existent
investigations. The accused persons have enough ties back home to prevent
them from absconding. The gravity of the charges can also be used as further
ammunition by the accused persons. Since the charges are so serious, these
people need to be free to mount a vigorous defense. Finally, we respectfully
counsel Joof and Tambedou to join Ousman Sillah and others that are already
defending the suspects and see if they can mount a collective defense. If my
recollection serves me right, Mr. Sillah was before a foreign judge with the
same application as Joof's and that judge adjourned the case to some time in
August. I believe Sillah was acting for Yabo. Well, Mr. Sillah's application
is now moot thanks to the feet dragging of the judge he had. Since all the
accused are lumped together by the government, the lawyers defending them
should also come together unless they realize that such an alliance will
undermine their individual client's defense. We wish the families involved
in this unwarranted situation all the best. They should have hope. The law
is on their side. They should just pray that the judges that handle their
cases have integrity. They should be alert and detect and point out any foul
play and be willing to force the authorities to apply the law accordingly.
Kabir, Buharry and Alpha, continue the good work you are doing, showcasing
the brutality of the illegal government we have back home.
KB

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