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jambo
3300 Posts |
 Posted - 12 Jul 2006 : 12:15:47
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from www.thepoint.gm
Magistrate Kebba Sanyang has warned that if lawyers for the six ex- NIA operatives, incriminated in a diamond scandal fail to show up at the next hearing of the matter, the embattled operatives would then have to step into the shoes of their counsels. does this mean a new trial or mis-trail, all the lawyers failed to turn up how does this work, who is paying for this the tax payer, the accused. If I was paying for a lawyer and they failed to turn up I would want to be released ASAP
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kayjatta
2978 Posts |
Posted - 12 Jul 2006 : 19:46:22
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I don't have the complete facts of this case , but i don't think you can get released (Jambo)if the defence attorneys fail to appear in court. If the prosecution fails to appear , repeatedly , the case could be dismissed probably.
However , if the defendant is convicted because of the negligence of his attorneys he(the defendant) could sue the attorney for malpractice.Or if the defence attorney provides inadequate/incompetent legal representation the defendant could motion for a re-trial based on that fact , and obtain new counsel. Most attorneys would take leave/permision of the court if they are unable to appear , or even withdraw from the case altogether if they have a conflict of interest or another commitment that could jeopardize their representation of the defendant in this case.
WARNING:
This is not a legal advise. This is just a discussion. If anyone needs legal advise , please consult an attorney.
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njucks
Gambia
1131 Posts |
Posted - 12 Jul 2006 : 20:47:35
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quote:
Originally posted by jambo
If I was paying for a lawyer and they failed to turn up I would want to be released ASAP
oh really , and what about your crime and justice. if that the case both you and your lawyer should be tried for obstructing the course justice.
i think what the judge is saying is that if their lawyers fail to turn up they would have to defend themselves. if you don't have a lawyer the state normally provides one for you. |
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njucks
Gambia
1131 Posts |
Posted - 12 Jul 2006 : 20:51:42
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quote:
Originally posted by njucks
quote:
Originally posted by jambo
If I was paying for a lawyer and they failed to turn up I would want to be released ASAP
oh really , and what about your crime and justice. if that the case both you and your lawyer should be tried for obstructing the course of justice.
i think what the judge is saying is that if their lawyers fail to turn up they would have to defend themselves. if you don't have a lawyer the state normally provides one for you.
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Newfy
Western Samoa
462 Posts |
Posted - 12 Jul 2006 : 21:29:23
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Hi Jambo,
I am not familar with this ex NIA case. Who is being tried in this one? Has it been discussed in any of the papers? I heard about the diamond smuggling of that German couple is that the same case? Why is it linked with the alleged coup? Pls explain anyone who understands better than me.
Also, I dont know about the Gambia, but in the U.S. the worse thing you can do is be your own lawyer in a court of law. That really makes judges angry. Isn't their a public defender of something... Legal Aid, Lawyers for a Just and Free Society? I don't know. Pls excuse my ignornace. |
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