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 President Adama discontinues Faraba court cases
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Momodou



Denmark
9242 Posts

Posted - 08 Jan 2019 :  22:16:03  Show Profile Send Momodou a Private Message  Reply with Quote
Press Release
President Barrow accepts appeal for the discontinuance of Faraba trial


State House, Banjul, 8th January 2019 – The General Public is hereby informed that His Excellency, President Adama Barrow has accepted an appeal from the community of Faraba for the discontinuance of the prosecution of the officers of the Police Intervention Unit as well as the civilians standing trial for their role(s) in the unfortunate Faraba Banta incident in June 2018.
The Community, through the Alkalo of the village, Mr. Omar Kujabi, wrote a letter to the President, accompanied by a sworn affidavit requesting, among other things, for the withdrawal of criminal charges in the matter ‘‘to promote true reconciliation’’, peace, and stability in the village.
Additionally, the community stated that they were satisfied and appreciative of the responsible leadership demonstrated and acts of compassion that His Excellency, President Adama Barrow and his government had undertaken after the incident, such as the visit by the President to the community in the immediate aftermath of the incident, the setting up of a commission of inquiry and appointment of a coroner as well as his decision to act on the recommendations of the investigative commission, among other gestures.
Based on the foregoing, the president has accordingly accepted to respect and grant the wishes of the community, particularly families of the victims, to immediately withdraw all the charges against the PIU officers and civilian perpetrators concerned.
By the same token, His Excellency, the President has also accepted to lift the suspension meted out on the Director of Geology Department and the Executive Director of National Environment Agency.
END
Contact:
Directorate of Press & Public Relations
Office of the President, State House, Banjul
Twitter: @BarrowPresident
Facebook: Barrow PORG

Website: statehouse.gov.gm

A clear concience fears no accusation - proverb from Sierra Leone

Momodou



Denmark
9242 Posts

Posted - 08 Jan 2019 :  22:18:44  Show Profile Send Momodou a Private Message  Reply with Quote
Related Topics:
-
Sad news from Kombo Faraba: PIU fired live bullets

- PIU & ‘Julakay’ Company at Faraba Banta.


A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9242 Posts

Posted - 08 Jan 2019 :  22:25:30  Show Profile Send Momodou a Private Message  Reply with Quote
Pres. Barrow has no powers to discontinue any court case!
By Madi Jobarteh


The president has no authority to discontinue any court case in anyway. He has no such powers at all!

The power to discontinue a criminal case lies with the Director of Public Prosecution under Section 85 of the Constitution. Hence if the president did enter to stop the trial of PIU officers on the recommendations of the Faraba Commission then his decision constitutes a violation of the Constitution.

The president can only exercise his prerogative of mercy on individuals who are convicted and serving time. But he cannot stop any court case in any way at anytime. This is a clear abuse of power and direct interference with the Judiciary.

The Minister of Justice should advise and guide the president accurately otherwise let Minister Tambadou resign than to watch the president flout the rule of law with impunity!

The Faraba Commission had a mandate and they delivered. The president had opportunity to review their recommendations and to agree or disagree and state his reasons for disagreement. But after having agreed to those recommendations and which are now being implemented in full the president cannot turn around to change those recommendations as he likes.

Barrow has set a very dangerous and irresponsible precedent! He is telling us today that if the Janneh Commission is also ready and after accepting its recommendations he will once again succumb to the demand of any group of people to reverse his decision.
He is telling us that he will do the same for the TRRC when it is done with its work and submits its report! That would be disaster for the country!

These institutions were set up with a huge amount of resources with the aim of ensuring accountability. But today Barrow has shown us that he is the biggest obstacle to accountability in The Gambia hence he is not interested in human rights and justice neither is he interested in any system change.

By this decision Barrow has distinguished himself as the biggest threat to national security and the greatest obstruction to system change!
It is high time our political party leaders stop talking about the Coalition MoU and stand up to defend the masses from a president who has no regard for the rule of law, justice and national security!
The trend Barrow is pursuing clearly shows that The Gambia cannot afford more than 3 years with Adama Barrow at the helm! By 19 January 2020 Adama Barrow must step down and hand over the mandate of the people back to citizens!


For The Gambia Our Homeland!

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9242 Posts

Posted - 09 Jan 2019 :  17:29:46  Show Profile Send Momodou a Private Message  Reply with Quote
ATTORNEY GENERAL DISTANCES HIS OFFICE FROM PRESIDENT’S FARABA PARDON- DESCRIBES IT AS WRONG CHOICE OF WORDS

The Office of the Attorney General notes the concerns expressed over the recent press release from the Office of the President about the discontinuation of the prosecution of the Faraba Banta PIU 5 and others, and wishes to inform the general public that the said press release from the Office of the President should only be regarded as conveying the Presidency’s support to a request by the affected families in Faraba Banta to discontinue the criminal cases resulting from the Faraba Banta Commission of Inquiry. The said request by the affected families, which is not unusual in this jurisdiction, was properly addressed to the Attorney General and was made through the Alkalo of the Village.

The request is still under consideration by the Attorney General, and the Office of the President was only consulted for its views on the request in light of the fact that the Faraba Banta incident on 18 June 2018 was of such national tragedy and importance that it warranted the establishment by His Excellency, the President, of a Commission of Inquiry under Section 200 of the 1997 Constitution.

In this regard, the Office of the Attorney General affirms that the Office of the President did not, and has never attempted to, interfere with the exercise of this discretion, and therefore considers the recent press release from the Office of the President as an unfortunate choice of words.

The Office of the Attorney General reassures the general public that the exercise of prosecutorial discretion is vested exclusively in the Attorney General which he executes mainly through the Office of Director of Public Prosecutions and the Inspector General of Police. This discretion is exercised with due consideration to several factors including the public interest, and the wishes of the victims’ families.

Banjul
9 January, 2019

A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9242 Posts

Posted - 09 Jan 2019 :  17:36:05  Show Profile Send Momodou a Private Message  Reply with Quote
“We are all in for reconciliation, I think we are all in to build a better Gambia but you cannot build a society based on impunity. We cannot build a society where rule of law is not followed. We all have to follow rule of law. There are processes, that’s why we have the judiciary. They are processes, there are procedures that we need to follow even in the process of reconciliation. So what I will tell you is that I just saw it. There was no legal ground for saying why those prosecutions were withdrawn.” -
Emmanuel Daniel Joof

http://fatunetwork.net/i-though-it-was-a-hoax-faraba-inquiry-chairman-slams-barrows-proclamation/


A clear concience fears no accusation - proverb from Sierra Leone
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Momodou



Denmark
9242 Posts

Posted - 09 Jan 2019 :  22:38:55  Show Profile Send Momodou a Private Message  Reply with Quote
The controversy surrounding Barrow’s pardon of the police officers standing trial for their involvement in the Faraba shooting is understandable but the “pardon” i believe has the full protection of the law. Presidential pardons are always controversial and often smack of “obstruction of justice”.
However , the President’s power to pardon in both The Gambia and the United States is a very broad power. In both countries, it has its origin from the British monarchy. In Federalist Paper 74, Madison explained the reasons for this broad power vested in the presidency , which in a nutshell was also captured by Halifa Sallah at the end of his (and Sidia’s) 1994/95 trial that “justice and mercy are twins”. Hamilton indicated that the President’s power to pardon serves as a check on the criminal justice system and must not be “encumbered”. It can be applied at any stage of the criminal justice process- before, during and after trial.
In the light of this, I am of the conviction that Barrow’s decision to intervene and pardon the accused in the Faraba Trials is lawful.
So I concur (agree but for different reasons) with Kejaw Touray.

By KJatta

A clear concience fears no accusation - proverb from Sierra Leone
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toubab1020



9777 Posts

Posted - 10 Jan 2019 :  13:24:58  Show Profile Send toubab1020 a Private Message  Reply with Quote
By Lamin Cham January 10, 2019

The announcement by State House that President Barrow has accepted appeals by the people of Faraba to discontinue the trial of people connected with the June 18, 2018 bloody riot, has drawn sharp criticisms around the country, including even a near rebuttal from the ministry of justice.
The statement had said the decision by the president was taken in the interest of reconciliation among other things. However, even before the ink on the statement dried up Gambians took to social media, denouncing the act as a violation of the constitution, since the president has no powers to stop prosecution in any case.
Madi Jobarteh, a vocal human rights activist, said the president has no authority to discontinue any court case in anyway.

“He has no such powers at all! The power to discontinue a criminal case lies with the Director of Public Prosecution under Section 85 of the Constitution. Hence if the president did enter to stop the trial of PIU officers on the recommendations of the Faraba Commission then his decision constitutes a violation of the Constitution,” Mr Jobarteh said.
He further argued that the president can only exercise his prerogative of mercy on individuals who are convicted and serving time.

“But he cannot stop any court case in any way at anytime. This is a clear abuse of power and direct interference with the Judiciary,” he noted.
Many commentators shared Mr Jobarteh’s views widely and by lunch time yesterday, a statement was released from the ministry of justice which more or less distanced itself from the announcement from State House calling it ‘an unfortunate choice of words.’

The Attorney General’s statement clarified that the statement from the Office of the President should only be regarded as conveying the Presidency’s support to a request by the affected families in Faraba Banta to discontinue the criminal cases resulting from the Faraba Banta Commission of Inquiry.
The statement went on: “The said request by the affected families, which is not unusual in this jurisdiction, was properly addressed to the Attorney General and was made through the Alkalo of the Village. The request is still under consideration by the Attorney General, and the Office of the President was only consulted for its views on the request in light of the fact that the Faraba Banta incident on 18 June 2018 was of such national tragedy and importance that it warranted the establishment by His Excellency, the President, of a Commission of Inquiry under Section 200 of the 1997 Constitution.

“In this regard, the Office of the Attorney General affirms that the Office of the President did not, and has never attempted to, interfere with the exercise of this discretion, and therefore considers the recent press release from the Office of the President as an unfortunate choice of words.
The Office of the Attorney General reassures the general public that the exercise of prosecutorial discretion is vested exclusively in the Attorney General which he executes mainly through the Office of Director of Public Prosecutions and the Inspector General of Police. This discretion is exercised with due consideration to several factors including the public interest, and the wishes of the victims’ families.”
Meanwhile the Chairman of the Faraba Commission of enquiry Emmanuel Joof has also expressed shock over the announcement from State House.
“I thought it was a hoax,” he told The Fatu Network.

http://standard.gm/site/2019/01/10/palaver-over-faraba-trial-discontinuation/
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toubab1020



9777 Posts

Posted - 12 Jan 2019 :  13:15:12  Show Profile Send toubab1020 a Private Message  Reply with Quote
Yet another "Clarification"

===========================================================================================
January 11, 2019

Faraba Banta is still fresh in the minds of the people. After the Kanilai incident Faraba Banta marked the second bloodiest incident under the Barrow administration. The establishment of a commission of inquiry did contribute to calming the situation pending the results of the inquiry.

The traumatized community wants the problem to be contained. The state needs to explain how that could happen under the law. The law has provided for the way a case in court could be discontinued. This is a power vested in the prosecution under the leave of the Attorney General. Hence if any appeal is made it is important for Foroyaa to explain when the prosecution under the leave of the Attorney General could discontinue a case in court and when the president could pardon convicted prisoners.

Section 85 subsection (1) of the Constitution provides for the discontinuation of proceedings. It states:

“(1) The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the Attorney-General –

(a) to initiate and undertake criminal proceedings against any person before any court for an offence against the law of The Gambia;

(b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority:

(c) to discontinue at any stage before Judgement is delivered any criminal proceedings instituted or undertaken by himself or herself or any other person or authority:

Provided that the Director of Public Prosecutions shall not-

(i) take over and continue any private prosecution without the consent of the private prosecutor and the court; or

(ii) discontinue any private prosecution without the consent of the private prosecutor.”

It is therefore clear that discontinuation of cases is the handy work of the prosecution under the direction and control of the Attorney General.

On the other hand, once a person is convicted the President has the mandate to grant pardon. Section 82 subsection (1) of the Constitution states:

“(1) The President may, after consulting the Committee established by subsection (2)-

(a) grant to any person convicted of any offence a pardon either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence;

(d) remit the whole or any part of any punishment imposed on any person for such an offence or any penalty otherwise due to the Republic on account of any offence.”

Hence in issuing statements, state House should rely on the letter and spirit of the Constitution in order not to err in its judgment. Powers to discontinue proceedings lie with the prosecution under the direction and control of the Attorney General. They are the ones who could be requested to discontinue any proceedings.

The powers of the President to pardon come after conviction. This is the language of the law and that of precedent. This is how matters stand.

http://foroyaa.gm/clarifying-the-issue-of-justice-ag-chambers-versus-state-house/

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020



9777 Posts

Posted - 13 Jan 2019 :  18:42:23  Show Profile Send toubab1020 a Private Message  Reply with Quote
By Omar Bah January 11, 2019

Seedy Njie, a surrogate for President Barrow, has debunked Justice Minister Abubacarr Tambadou over his statement on the president’s decision to pardon the five police officers and civilians undergoing trial over the Faraba deadly incident.
Last Tuesday the Office of the President issued a statement to discontinue the case and asserted that the decision was taken in the interest of reconciliation among other things as requested by the victims’ families.
A day later, the attorney general also issued a counter-statement to clarify that the statement from the Office of the President should only be regarded as conveying the presidency’s support to a request by the affected families in Faraba Banta to discontinue the criminal cases resulting from the Faraba Banta Commission of Inquiry.
However, Njie, who visited The Standard offices yesterday afternoon contended: “I read the press release from the Justice Minister and he said the statement from the President’s Office is unfortunate, but I want to say that his [Minister’s] statement and choice of words are also very unfortunate.
“It is bogus for anybody to challenge the president’s decision. There cannot be two presidents in a country. As the Justice minister, if he knows something had gone wrong, he should have consulted the president instead of going on to publish a flimsy statement purportedly meant to discredit the president.”
He said although there are certain cases which the Attorney General and the Director of Public Prosecution can look into, analyse and withdraw, there are equally certain cases, due to the gravity of the criminal offence, when it is only the president who can recommend for a discontinuation or otherwise.
He continued: “Even if the office of the DPP initiated the withdrawals of such charges, the Attorney General cannot give approval without seeking the advice and approval of the president. So for me, what the president did is consistent with the provisions of the Constitution and I don’t agree with the notion that his decision will have a negative effect.”
Speaking further, Mr Njie who took courses in law at the University of The Gambia, called on the Justice Minister to resign if he feels that his position was no longer tenable based on such issues and avoid creating “unfortunate situations” in the government.
He further stressed “The Gambia has turned into a country where whatever happens people will use it as a scapegoat to make political gains,” adding, “we have people who run their institutions through Facebook and are only interested in making false and imposturous postings on Facebook to satisfy their selfish interest to create a seed of discord in the government.”

Counter-point
But writing on his Facebook, Lawyer Malick Jallow said: “The power to discontinue criminal prosecutions is exercised through the DPP and the Attorney General. In other words, the Attorney General cannot unilaterally discontinue without the recommendation of the DPP and the DPP on the other hand cannot unilaterally discontinue without the approval of the Attorney General. It’s a system of checks and balances.”
He said the Attorney General and Minister of Justice is not an independent organ of the state but forms part and parcel of the executive organ of the state headed by the president, adding, “Therefore, the power to discontinue prosecutions is essentially an executive function exercised through the Attorney General (legal adviser to the president and executive) and the DPP.”
This, he added, should be contrasted with the judiciary (which does not include the Office of the Attorney General and Ministry of Justice) which is an independent organ of state, at par with the Executive and Legislature.
“There is therefore absolutely nothing wrong with President Barrow making a decision to discontinue prosecutions against the police officers and others indicted in connection with the Faraba incident and ultimately consummating such a decision through the Attorney General and the DPP. This is not in conflict with independence of the judiciary or judicial independence,” he wrote.
“Indeed I am of the strong conviction that, at this crucial and fragile stage of our recovery as a country, we should utilise the facility of forgiveness and reconciliation whenever appropriate and feasible. If a discontinuance of a case is precipitated by a victim’s informed choice to forgive and reconcile, then this should be applauded and not frowned upon. Discontinuance of prosecutions should however not be a bar to the consummation of necessary institutional reform to ensure that Faraba does not repeat itself.”

http://standard.gm/site/2019/01/11/njie-rebuts-justice-minister-over-faraba-statement/

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



Denmark
9242 Posts

Posted - 14 Jan 2019 :  14:42:06  Show Profile Send Momodou a Private Message  Reply with Quote
Gov’t clarifies controversy over Faraba tragedy

The Point: Monday, January 14, 2019

http://thepoint.gm/africa/gambia/article/govt-clarifies-controversy-over-faraba-tragedy

In the face of widespread allegations, innuendos and insinuations that the presidency may have discontinued prosecutions of the Faraba Banta case, the public is hereby informed that the matter has in fact, not been discontinued and that police investigations are on-going, Office of The Gambia Government Spokesperson clarified.


Meanwhile, the accused five officers of the Police Intervention Unit remain in state custody pending further investigations of the circumstances specific to their case.

Significantly, while The Gambia Government respects and appreciates the magnanimity of the villagers of Faraba Banta in their resolve to bring about healing, reconciliation and closure to a very painful chapter of their life, it wishes to reiterate its commitment to, and respect for the rule of law and constitutional due process.

Accordingly, while the government recognises and empathises with the sentiments and concerns expressed by the villagers, it is our policy not to interfere with the courts, legal procedures or prosecution of cases. Such matters are better suited to the competent offices of the Attorney General and Ministry of Justice.

The Presidency wishes to emphasise its fullest commitment to the upholding of the Principles of Separation of Powers and noninterference in the operation of the judiciary; a fundamental attribute of a truly democratic society which remains the guiding principle of the Adama Barrow administration.

Therefore, if the initial press release purported to have emanated from the Presidency had cast doubts as to the state of the Faraba Banta case, it is deeply regretted.

For now, though, the passionate and humanising plea of the villagers of Faraba Banta is before the Attorney General’s Chambers for review and at the conclusion of their evaluation, the public will be duly informed consistent with Government’s policy of transparency and accountability.

A clear concience fears no accusation - proverb from Sierra Leone
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