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| toubab1020 |
Posted - 02 Aug 2017 : 14:55:21
The latest information from Foroyaa highlights the lack of a Coroners inquest into the circumstances surrounding the death of a man in Police Custody and the fact that the police failed to,
" report the matter to the Chief Justice so that a Coroner will be appointed to inquire into the cause of death "
It appears to me that "somewhere" along the chain of command there has been a total breakdown in "procedure" that must be followed in the case of unexplained death whilst in Police Custody.
From the information contained in the Foroyaa article,on which I base this post it is a TOTAL POLITICAL DECISION as to weather or not a case of SUSPECTED unnatural death should be the subject of an inquest,extend this thought a little more it APPEARS that if a person dies in unusual circumstance then after a POSTMORTEM by qualified medical pathologist (English definition used:
http://dictionary.cambridge.org/dictionary/english/pathologist )
In American English the definition has a different meaning.
If the findings of the Patholigist indicate the person died an unnatural death then such a death should be the subject of an inguest to establish the cause of death and the surrounding circumstances that caused that death,which may or may not be of a criminal nature.
The present system of investigating an unnatural death in The Gambia APPEARS to me to have SOME shortcomings which in SOME cases form the basis of rumour and distress for family members and relatives of the deceased.
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WILL THERE BE AN INQUEST THIS TIME ON ANOTHER DEATH IN POLICE CUSTODY?
EditorAugust 1, 2017
The Coroner’s Act demands that if a person dies in police or prison custody or in some other circumstances there should be an inquest to inquire into the cause of death. When Lamin Krubally died in police custody just two weeks earlier (12 July) there was no Coroner’s inquest to inquire into the cause of death.
Will the police this time defy the law or will they report the matter to the Chief Justice so that a Coroner will be appointed to inquire into the cause of death in accordance with the Coroner’s Inquest? It does not suffice to say that the cause of death is injury on the head but to further enquire what caused the injury.
A Coroner’s inquest is necessary in a democratic dispensation whenever a detainee or prisoner dies in custody so that we do not rely on the stories of police or prison authorities but on the outcome of an independent judicial inquiry that will look into the totality of all the evidence before it.
Foroyaa will continue to monitor the situation and keep readers up to date.
http://www.foroyaa.gm/archives/16865
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I have recovered another Foroyaa article from 2010 regarding the same topic,I cannot provie a link to Foroyaa as it has disappeared ,most likely because it was so old and is no longer in Foroyaa's files I copied and pasted it from a Google search!.
Foroyaa Editorial : NO DEAD PERSON IN POLICE OR PRISON CUSTODY OR DETENTION SHOULD BE BURIED WITHOUT A CORONER’S INQUEST
By Publisher on 27-09-10
Foroyaa has been asked to indicate where it states in the Prison Act that a Coroner’s inquest should be done if a person dies in prison. The source of the law is the Coroner’s Act. The Law is very strict on establishing the cause of death if a person has been in police custody or was imprisoned.
Section 6 of the Coroner’s Act states that:
”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 Lunatic Detention Act or of the Criminal Procedure Code, the police officer or prison officer or other person having the custody or charge of the deceased person at the time of his death shall immediately give notice of the death to the nearest Coroner and ,….. such coroner shall hold an enquiry into the cause of such death…..”
One may now ask; who is the Coroner?
The law did not leave any ambiguity. Section 3 states that “A magistrate of the first class shall be the Coroner for the city of Banjul and the Kombo Saint Mary and in the provinces the Commissioner, now Governor and Assistant Commissioner, now Deputy Governor of a Division shall be a coroner for that division”
Of course, there is need to modernize provincial administration to free administrators of the executive from judicial responsibilities. What is abundantly clear is that when a person dies under detention or custody, the officer in charge should immediately give notice of the death to the nearest Coroner.
This is the law and family members of those who die in prison should raise the alarm once they are informed of the death of love ones so that an inquest could be done on the cause of death. |
| 2 L A T E S T R E P L I E S (Newest First) |
| toubab1020 |
Posted - 08 Aug 2017 : 16:24:39
Well Done Foroyaa !!!
POLICE REACTS TO FOROYAA NEWSPAPER’S ALLEGATION OF POLICE FAILURE TO CONDUCT CORONER’S INQUEST TO INQUIRE INTO CAUSES OF DEATH OF PEOPLE IN THEIR CUSTODY
EditorAugust 7, 2017
With reference to the August 1st, 2017 edition of the Editorial of Foroyaa Newspaper, which states “WILL THERE BE AN INQUEST THIS TIME ON ANOTHER DEATH IN POLICE CUSTODY”? The office of the IGP hereby makes clarifications.
As demanded by section 6(1) of the Coroners Act, “When any person dies while in the custody of the police or of a prison officer, the police officer or the prison officer or any other person having the custody or charge of the deceased person at the time of his death shall immediately give notice of the death to the nearest coroner and such coroner shall hold an inquiry into the case of such death.”
Under this backdrop, the office of the IGP has instructed the police investigators through the office of the CMC to probe into the matters of the late Lamin Krubally who allegedly committed suicide in the Nema- Kunku police post cells. The police investigation is almost complete and will be available to the relevant authorities.
To ensure a genuine expert opinion in supporting the police version of the investigation, the office of the Inspector General of Police applied a request for postmortem to be conducted on Lamin Krubally on 14th July, 2017 and addressed to and sign by H.M. CORONER Magistrate I. Janneh- Njie.
On the 17th July, 2017, a postmortem was conducted on Lamin Krubally in the presence of two of his family members Ebrima Fall of Farafenni and Samba Kebbeh of Bakau. He was confirmed dead by the pathologist, Professor M.A.I. Khalid of Edward Francis Small Teaching Hospital. The autopsy report indicated that, the primary cause of Krubally’s death is head injury and the secondary cause is trauma on the skull.
Notwithstanding, for the purpose of clarity, independence and impartiality, the office of the IGP wrote to the Chief Justice to appoint a Coroner for an inquest into the death of Lamin Krubally of Nema-Kunku. Because Krubally is allegedly said to have died under police custody, the office of the IGP deemed it necessary for an independent body to investigate the matter. Thus, on the 31st July, 2017, the Chief Justice appointed Principal Magistrate Lamin George of Bundung Magistrate court as Coroner to probe into the matter so as to ascertain the circumstances leading to Lamin Krubally’s death.
In a similar but different incident, the office of the IGP through the office of the CMC is currently investigating the death of Ebrima Jallow a 60 year (previously reported to be 72years old) of Faji-Kunda. Ebrima died when he was invited by the police after a complaint of marabout fraud was registered against him.
During the questioning processing, he started shivering and collapsed. The police helped to escorted him to Faji-Kunda hospital. Upon arriving at the hospital, he was confirmed dead.
On the 31st July, 2017, the police applied for a request for postmortem to be conducted on Ebrima’s body, signed by the Commissioner of Police Banjul on behalf of the IGP and addressed to H.M. CORONER Magistrate Omar Jabang.
However, on the 31st day of July, 2017 a family member of the late Ebrima Folly Jallow, Caw Toure signed an affidavit in opposition of post mortem to be conducted on Ebrima Folly Jallow.
The office of the IGP wants to remind the general public that the police never defy any law especially in this new democratic dispensation as insinuated by Foroyaa newspaper. The police are only following a lawful process in these matters.
The office further urges the general public especially the media fraternity to exercise patience with the police, particularly with regards to very delicate matters which must be given a due consideration to be investigated thoroughly, since that is the only way to avoid victimizing innocent people.
The office of the IGP takes this opportunity to extend it condolence and sympathy on behalf of the entire Gambia Police Force, to the families of the departed soul. May Allah shower his mercy on the departed souls.
On the 12th July, 2017, the late Lamin Krubally had a quarrel with Lamarana Jallow’s wife. Lamarana intervened as a husband and the problem ended between him and Lamin Krubally. During a heated [….], Lamin took a wooden pestle and hit Lamarana on the head causing him injuries. According to eye witnesses, Lamarana did not fight back but was advised to report the matter to the police, which he adhered to. Lamin Krubally was invited to Nema-Kunku Police Post and since both sustained injuries, they were escorted to Faji Kunda health center for medical treatment. The doctors report indicated that, Lamin sustained slight brushes on the chest and the upper arms while Lamarana sustained serious injuries on the head.
After obtaining statements from both men and the witnesses concerned, Lamin was suspected to be at fault, therefore he was cautioned, charged and detained. Whilst detained, he insisted that Lamarana must also be detained since they were both involved in the quarrel. Suddenly, he knocked his head on the walls of the cell and collapse. The police officers came to enquire and found him lying on the floor of the cell. He was rushed back to Faji Kunda Health Centre and there he was pronounced dead.
His body was escorted to the mortuary of Edward Francis Small Teaching Hospital where a coroner’s inquest was granted by a magistrate and post mortem conducted on him.
In the first place, there has always been an inquest into death cases under police custody.
It could be recalled that on 12th July, 2017, one Lamin Krubally of Nema Kunku
As demanded by section 6(1) of the coroner’s act, “When any person dies while in the custody of the police or of a prison officer, the police officer or the prison officer or any other person having the custody or charge of the deceased person at the time of his death shall immediately give notice of the death to the nearest coroner and such coroner shall hold an inquiry into the case of such death.”
That if a person dies in police or prison custody or in some other circumstances there should be an inquest into the cause of the death.
http://www.foroyaa.gm/archives/17023
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POLICE ARE TO PROCEED WITH INQUEST ON THE DEATH OF LAMIN KRUBALLY
EditorAugust 7, 2017
The police have reacted in a statement to Foroyaa’s Editorial of 1 August 2017, emphasising that they are committed to the instituting of a Coroner’s Inquest and that in fact the Chief Justice has appointed “Principal Magistrate Lamin George of Bundung Magistrate court as Coroner to probe into the matter so as to ascertain the circumstances leading to Lamin Krubally’s death.” This is good news and Foroyaa will give a full coverage to the proceedings of the Inquest.
The police statement also stressed that, “The office of the IGP wants to remind the general public that the police never defy any law especially in this new democratic dispensation as insinuated by Foroyaa newspaper. The police are only following a lawful process in these matters.” This is also good news and Foroyaa welcomes it.
Foroyaa as a media outlet is only playing its constitutional role of holding the government accountable to the people. In this regard Foroyaa will raise pertinent questions and queries for persons in authority to answer and if they ignore the questions or queries we will persist and make it an issue.
Foroyaa has been asking the question whether or not there will be a Coroner’s Inquest on the death of Lamin Krubally since 18 July 2017 and as we continued to repeat the question through Editorial, Question of the Day and the PRO, another person (Ebrima Fall) died in custody. This led us to raise a similar question, whether there will be an inquest in his case. But now the question has been answered.
This is good for the new Gambia, for democracy and transparency.
http://www.foroyaa.gm/archives/17027#more-17027 |
| toubab1020 |
Posted - 03 Aug 2017 : 10:02:34
"Foroyaa will continue to monitor the situation and keep readers up to date." Well it certainly has have a read of the article below and the relevant law that covers such circumstances.The Barrow Republic has a long road to travel in order to form the Democratic Republic of The Gambia,and pulling together many facets of the country in order to form a Nation that those as yet unborn can enjoy .
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WHAT SHOULD HAPPEN AT THE END OF AN INQUEST?
EditorAugust 2, 2017
QUESTION OF THE DAY
According to section 9 subsection (3),
“If at the termination of the inquiry the Coroner is of the opinion that an offence has been committed by some person or persons unknown, he shall record his opinion accordingly.”
However, subsection (4) of this section holds that“If at the termination of the inquiry the Coroner is of the opinion that no offence has been committed, he shall record his opinion accordingly.”
Then, “…. the Coroner shall forthwith transmit the proceedings or a certified copy thereof to the Chief Justice.”
The police should get the guidance of the office of the Attorney General on what to do under the law. A Coroner should be appointed to conduct an inquiry into the death of Ebrima.
http://www.foroyaa.gm/archives/16897#more-16897 |
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