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 ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------