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toubab1020
12314 Posts |
 Posted - 07 Feb 2011 : 16:51:06
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Here he is again my favorite Gambian,a man himself caught in the web of "Gambian Justice" exposing the complete shambles and total lack of communication that passes for a justice system in The Gambia..Well done again Sir !
What I should have found even more surprising that this story was published by none other than the public organ of the Gavernment, The Daily Observer ! maybe there is a whiff of reconsilliation in the air ?
http://observer.gm/africa/gambia/article/court-will-not-shut-its-eyes-to-crimessays-justice-ikpala
Court will not shut its eyes to crimes...Says Justice Ikpala
Africa » Gambia
Monday, February 07, 2011
Justice Joseph Enwa Ikpala of the Special Criminal Court in Banjul has pointed out that the Special Criminal Court would not shut its eyes to any criminal offence pending before the said court.
Justice Ikpala made this remark while delivering a ruling in a criminal trial involving the state against two accused persons, Ousman Barry and Festus Shala Cole, following an application made by defence counsel, Moses B Johnson Richards, urging the Special Criminal Court to discharge the duo. The two accused persons have been faced with murder charges, contrary to Section 187 of the Criminal Code Cap 10, Volume III, Laws of The Gambia, 1990.
At the court sitting, defence counsel Moses Richards intimated the court that the accused persons first appeared before the Special Criminal Court on the 12th of October 2010 and since then the defence has not received any information relating to the bill of indictment, i.e. particulars of the offence, witness statements, among others, noting that a proper charge has not been filed by the state against his clients. Lawyer Richards pointed out that the accused persons have been in prison custody for too long without being tried, adding that justice delayed is justice denied.
Lawyer Moses Richards submitted that the state should either proceed to prosecute the accused persons or they be discharged. In his reply, DDPP SH Barkun informed the court that the prosecution have not received the said case file from the police. At this point, defence counsel, Moses Richards disclosed that the accused persons were arraigned before the Magistrates Court before the case was transferred to the Special Criminal Court in Banjul.
DDPP Barkun however pointed out that some cases are usually transferred to the Special Criminal Court without the knowledge of the police. Justice Ikpala, in his ruling disclosed that there is no information about the accused persons, but the only information from the Kanifing Magistrates Court indicated that the accused persons are charged with an offence, contrary to Section 187 of the Criminal Code i.e. murder, which is a capital offence.
Justice Ikpala however overruled defence counsel Moses Richards' submission and adjourned the case to the 24th of February 2011 for mention, urging the prosecution to file bill of indictment before the said adjourned date.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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