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toubab1020
12241 Posts |
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Nyarikangbanna
United Kingdom
1382 Posts |
 Posted - 23 Feb 2013 : 04:48:00
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But the way the lawyers were asked is too unothordox. Normally such request will be sent to various lawyer chambers and whoever is willing to take it will then response either directly or through the chamber's clerK.
It looks to me that the judges were setting these lawyers on a collision course with the public opinion; kind of civilised bullying. I would reject it if I was one of them.
Thanks |
I do not oppose unity but I oppose dumb union. |
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toubab1020
12241 Posts |
Posted - 23 Feb 2013 : 10:05:43
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Nyarikangbanna,your thoughts are interesting,I found the article quite odd as well,I couldn't believe what I was reading, I agree the whole interaction appeared wrong,would ANY qualified lawyer use such words in court to a judge ?
If you are right, what is the thinking behind "a collision course with the public opinion" what is hoped to be achieved by such action ? In your opinion of course 
It is up to the prisoner to select a lawyer of his choice from a panel procedure is called a dock brief
http://oxforddictionaries.com/definition/english/dock%2Bbrief |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 23 Feb 2013 10:07:35 |
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kobo
United Kingdom
7765 Posts |
Posted - 23 Feb 2013 : 10:10:22
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1. DAILY OBSERVER NEWS FRIDAY, WEDNESDAY, OCTOBER 29, 2008 ARCHIVED;
2. DAILY OBSERVER NEWS FRIDAY, NOVEMBER 26, 2010 ARCHIVED;
quote:
Background Quoted from above sources;
"Lawmakers at the National Assembly, on Monday,(October 27, 2008) unanimously passed the Legal Aid Bill, during the parliamentary session."
"Tabling the bill before deputies, Mrs Marie Saine-Firdaus, Attorney General and secretary of state for Justice, told parliamentarians that Legal Aid is an important component of the criminal justice system in The Gambia. "
"She pointed out that it was a requirement under section 24 of the constitution that a person charged with an offence which carries a punishment of imprisonment or death shall be entitled to legal aid at the expense of the state."
"SoS Firdaus noted that the right to legal aid in such cases was a fundamental one, and she added that it was also related to other fundamental rights, such as, the right to be presumed innocent until proven guilty, as well as the right to a fair trial, amongst others."
"Legal aid in theory means provision of free legal service or services by the state to the poor and needy who are charged with capital offences punishable with either death or life imprisonment and cannot afford the services of a legal practitioner. This category of people includes children facing trials at the children’s court, who cannot secure the services of a legal practitioner."
"The Legal Aid Agency came into existence pursuant to Section 3 of the Legal Aid Act of 2008, which made provision for establishment of the agency, after an amendment of the outdated Poor Person’s Act, Laws of The Gambia."
"..... citation of Section 24 of the Constitution of the Republic of The Gambia, which requires the state to provide free legal aid to the poor and needy."
"......the question as to who and who is qualified for the aid is provided in Section 30 of the Legal Aid Act of 2008, Laws of The Gambia."
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Edited by - kobo on 23 Feb 2013 10:21:40 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 23 Feb 2013 : 14:45:56
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Toubab, the judges concerned knew very welL that their approach was wrong and unethical. They merely wanted to push the lawyers into the corner so that they can't refuse because refusing something like this in an open court may appear to the public that you (the lawyers) are after money rather than servicing justice and lawyers generally don't want to be seen like that. That's what I mean by collision course with the public. Notwithstanding, I would have refused it if I was one of them.
Hawa Ceesay-Sabally's comments were clearly prejudice to the appellent and that is unethical and unlawyerly. It sounds like she was already incensed by the request.
And by the way, the funny name is not Gambian
Cheers |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 23 Feb 2013 18:42:49 |
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toubab1020
12241 Posts |
Posted - 23 Feb 2013 : 14:54:42
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Ah.....I get it now law courts are like a political platform and the players are akin to politicians,no wonder I did not understand 
"And by the way, the funny name is not Gambian" ....
I knew that all the time it's that toubab humour once more ! |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 23 Feb 2013 22:11:54 |
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