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 A question of Gambian Law .
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toubab1020



9306 Posts

Posted - 14 Nov 2017 :  13:11:15  Show Profile Send toubab1020 a Private Message  Reply with Quote
I am no legal expert, maybe some READER can POST & explain if Judge Kumba Sillah-Camara has the power to issue a warrant for contempt of court against lawyer E.E. Chime ? or are members of the legal profession appearing as representatives of Defendants not subject to such a sanction ?

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Tuesday, November 14, 2017

The presiding Judge Kumba Sillah-Camara yesterday expressed concern over the continued absence of lawyer E.E. Chime, the legal counsel for Yankuba Badjie, the 1st accused person in the criminal trial involving the state against the former officials of the defunct NIA.

The accused persons are Yankuba Badjie, Louie Richard Leese Gomez, Saihou Omar Jeng, Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Mansary, Lamin Darboe and Lamin Lang Sanyang and they are charged with 26 counts including conspiracy to commit murder, murder, assault causing grievous bodily harm, abduction, making false document without authority amongst others.

During the last court sitting the prosecution called assistant commissioner of police, Abdoulie Sanneh who testified as the 3rd prosecution witness and the matter was adjourned to yesterday for the defence counsel for the 1st accused, Yankuba Badjie to cross examine the witness.

During yesterday sitting, the court again observed that lawyer E.E. Chime was absent from court without furnishing the court reason (s) for his absence.

Justice Kumba Sillah-Camara asked the 1st accused why his legal counsel was not in court, but the accused person could not furnished the court why his legal counsel was absent.

Veteran Lawyer Antouman A.B. Gaye the lead counsel for the prosecution informed the court that it was unclear whether the lawyer for the 1st accused has deliberately absent himself from court.

He said the 1st accused is charged with murder and has the right to be legally represented by a lawyer, adding that the High Court is a superior court of records.

He informed the court that the prosecution has complied with the order of the court to serve all the defence counsels the witness statements except the counsel for the 1st accused who he said has been unreachable.

Lawyer Gaye told the court that Lawyer C. Mene is out of the jurisdiction and the prosecution has made efforts to serve Lawyer E. Chime but to no avail.

The presiding Judge Kumba Sillah-Camara called the accused person and informed him that he had right to change his legal counsel and that it was his constitutional right to be legally represented by a counsel.

Justice Camara, however, informed the court that the court would not foreclose the 1st accused but would rather proceed with the 3rd witness for cross examination.

Assistant Commissioner Abdoulie Sanneh was called to the witness box and all the other defence counsels informed the court that they had no questions for the witness except Lawyer E. Jallow, the counsel for the 2nd accused person, Louie Richard Leese Gomez who asked the witness few questions.

Hearing continues today.
Author: Bruce Asemota

http://thepoint.gm/africa/gambia/article/court-expresses-concern-over-absence-of-yankuba-badjies-lawyer

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

kayjatta



2974 Posts

Posted - 15 Nov 2017 :  12:26:38  Show Profile Send kayjatta a Private Message  Reply with Quote
I am not very familiar with this area of Gambian law myself, but it seems to me that a "contempt of court order" would not be appropriate or even applicable in this situation. A contempt of court order will require a violation of a specific court order that has been issued. That does not seem to be the case here.
It appears that the matter is more about a client-attorney relationship problem. The client may consider firing his attorney for lack of diligent representation or some sort and hire a new attorney, or better yet get the court's permission for more time to find out what's going on with his attorney. It looks like the court is inclined toward a continuance in the direction of the later ...




Edited by - kayjatta on 15 Nov 2017 12:32:34
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toubab1020



9306 Posts

Posted - 15 Nov 2017 :  14:09:34  Show Profile Send toubab1020 a Private Message  Reply with Quote
Thanks for the clarification kayjatta,It does appear to the layman that the legal profession has it's own "laws",if for instance a defendant or witness failed to appear when they were order to do so at a specific date & time then the judge can issue an order to arrest the person and bring them before the court to explain their non appearance as outlined above,is that the case in Gambian Law ?



quote:
Originally posted by kayjatta

I am not very familiar with this area of Gambian law myself, but it seems to me that a "contempt of court order" would not be appropriate or even applicable in this situation. A contempt of court order will require a violation of a specific court order that has been issued. That does not seem to be the case here.
It appears that the matter is more about a client-attorney relationship problem. The client may consider firing his attorney for lack of diligent representation or some sort and hire a new attorney, or better yet get the court's permission for more time to find out what's going on with his attorney. It looks like the court is inclined toward a continuance in the direction of the later ...






"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta



2974 Posts

Posted - 16 Nov 2017 :  06:49:13  Show Profile Send kayjatta a Private Message  Reply with Quote
That is true Toubab. The accused (defendant) is under court order to appear and answer to charges against him. So failure to appear could result in the issuance of a warrant for the arrest of the defendant, but not the attorney. However, the attorney, being the legal representation has a contractual relationship with the client which is also guided by legal codes of conduct. In most cases, problems resulting from such attorney-client relationships are addressed differently through the Bar Association.
In the case described earlier (the NIA case), the court may give the defendant more time to get back with his attorney or at some point decide that the case will have to proceed. Then it will be up to the defendant to retain another attorney or represent himself.

Edited by - kayjatta on 16 Nov 2017 06:52:31
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toubab1020



9306 Posts

Posted - 16 Nov 2017 :  11:34:21  Show Profile Send toubab1020 a Private Message  Reply with Quote
"attorney-client relationships are addressed differently through the Bar Association."

My point exactly kayjatta, I refer the honorable poster to my previous posting

I cannot think of anything else to post topic closed as far as I am concerned,job done !

MAYBE some READER would like to continue the discussion Here on Bantaba in Cyberspace we always live in hope


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 16 Nov 2017 11:40:04
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toubab1020



9306 Posts

Posted - 16 Nov 2017 :  11:50:38  Show Profile Send toubab1020 a Private Message  Reply with Quote






Opps I should have read what the press have said about this case before I responded to the sole poster above,sorry about that,anyway have a read of the latest sago on the ongoing trial and Legal system system !! A judge has control of the trial in this case ?

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November 15, 2017

By Yankuba Jallow

The absence of Lawyers Emmuel E. Chime and CE Mene for the first accused person, has hindered yesterday’s trial of the former intelligence chiefs of the National Intelligent Agency (NIA).

On the last adjourned date, the court adjourned the matter for the two defence lawyers to be served notice of appearance but they failed to come during yesterday’s (November 14th 2017) proceeding.

When the case was called before Justice Kumba Sillah-Camara of the Special Criminal Division of the Banjul High Court, it was indicated that the case is at the stage of cross examination of PW3, but that the defence lawyers Chime and Mene, were nowhere to be seen in court. This prompted the Judge to ask the first accused person Yankuba Badjie, the reasons for the absence of his lawyers but Badjie was quick to say that he does not know.

The court told him that his counsels cannot hold the court to ransom by being absent without advancing any reasons.

State prosecutor, lawyer Antouman AB Gaye told the court that Counsels Mene and Chime were in other courts appearing in other cases; that the two lawyers cannot hold the court to ransom.

Senior lawyer Gaye further applied for the first accused person, Yankuba Badjie, to be served with the documents which were served to his Attorneys (Chime and Mene) and also urged the court to invoke its powers in this circumstance as lawyers are officers of the court.

The court in its ruling held that the absence of lawyers will not impede the case because they chose to abandon their clients.

She made an order for all the documents that are to be served to the absentees to be served to Yankuba Badjie, the first accused person in court and such shall hold sufficient service.

http://www.foroyaa.gm/archives/19119#more-19119


"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 16 Nov 2017 11:52:37
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toubab1020



9306 Posts

Posted - 21 Nov 2017 :  00:24:48  Show Profile Send toubab1020 a Private Message  Reply with Quote

By Fatou Sowe
The high court in Banjul presided over by Justice Kumba Sillah Camara has issued a summons for the defense lawyers of Yankuba Badjie the former director general of the national intelligence agency, also the 1st accused person in the Solo Sandeng murder trial, to appear before the court and show cause for their unexcused absence in the case.
Lawyer C E Mene and lawyer E E Chime have both been absent in the case which warranted the court to give an ultimatum to Badjie for him to regulate the status of his legal representation by the two lawyers.
During Monday’s proceedings the lawyers failed to appear again which prompted the judge to ask Badjie about the outcome of his consolidation with his lawyers.
Badjie responded that he has an appointment with to meet his lawyers Monday, November 20, at 3pm. At that juncture the judge said that the court cannot keep waiting after which the lead prosecutor Antouman Gaye then stood up and said that the court has to do something about these two lawyers because their unexcused absence in itself is contemptuous.
The presiding judge then made an order to summon the both Mene and Chime to appear before the court on the next adjourned date to show cause for their continuous absence.

http://fatunetwork.net/court-orders-yankuba-badjies-lawyers-show-cause-absence/



Edited by - toubab1020 on 21 Nov 2017 00:25:41
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toubab1020



9306 Posts

Posted - 21 Nov 2017 :  17:32:15  Show Profile Send toubab1020 a Private Message  Reply with Quote
Foroyaa has caught up with the news,to be fair to them their report is much more readable than that in the new budding fatunetwork site,still we all have teething troubles when we are young.

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The presiding Judge in the ongoing criminal trial involving former senior officers of the NIA, has made an order for Lawyers EE Chime and CE Mene, to appear in court at the next adjourned date.

The Court made this order when the two lawyers failed to give notice for their absence in court.

When the case was called before Hon. Justice Kumba Sillah-Camara of the Special Criminal Division of the Banjul High Court, Lawyers Antouman AB Gaye, Yassin Senghor, Combeh Gaye, Lamin S Camara and Rachel Y Mendy appeared for the State whilst Lawyer Ibrahim Jallow appeared for the 3rd accused person as well as held brief for Lawyer Patrick Gomez for the 2nd accused person; S. Kenedy for the 4th, 5th, 7th and 8th accused persons; U. Achigbue for the 6th accused person and held brief for D. Darboe, for the 9th accused person.

Senior State Counsel, Antouman AB Gaye pleaded to the court to charge the duo with contempt of court, for failing to appear and for failure to notify the court their reasons of absence. Yankuba Badjie, the first accused person, told the Court that he has made an appointment to meet his lawyers yesterday at 3pm. The Court told Yankuba that it made a ruling on this last week that he should try by all means to meet his lawyers and discuss with them, which he has failed to do.

The court did not adhere to his plea but made another order for the State through Legal Aid, to provide an Attorney for the first accused person, Yankuba Badjie.

The case was adjourned to November 27th 2017, for continuation of hearing and cross-examination of PW3.

The accused persons in the case are Yankuba Badjie, former Director of NIA, Louis Gomez, former Deputy Director NIA, Saikou Omar Jeng, former director of Operations NIA, Haruna Susso, Yusupha Jammeh, Tamba Masireh, Lamin Darboe and Baboucarr Sallah, all former operatives of the NIA and Lamin Lang Sanyang, a doctor. They face charges on 25 counts which include torture, murder, causing grievous harm, felony, fabrication of documents, forgery, making documents without authority, abducting in order to subject persons to grievous bodily harm, conspiracy to commit felony, etc. The accused persons pleaded not guilty to all the charges.

http://www.foroyaa.gm/archives/19260

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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