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MADIBA
United Kingdom
1275 Posts |
 Posted - 26 Jan 2007 : 10:14:47
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quote:
Originally posted by gambiabev
Madiba, there is no need to reproduce the previous persons comments! We can all read them for ourselves!!!
My reason for this topic posting is out of concern for a friend of mine.
A bumster I am friends with is being charged with theft alongside 4 other men. I had a representative attend the court. He said that the charges are serious, but they are being charged COLLECTIVELY. SO if one is guilty they all are. They are charged with taking equipment and belongings from a guest house they were staying in.
They have no legal representation and no money.
The man bringing the charges is the property owner. They were staying in the property cheaply whilst he was renovating it. Now it is finished he wants them out to rent it to tourist. He went to the police with the story of theft so the police would evict them.
I am not sure if they are guilty of anything or not. My friend say he isnt guilty and there is no evidence. They are all pleading not guilty against the advice of the judge.
If they are found guilty they couldhave an 11 year prison sentence for stealing,betwen 5 of them £8,000 of goods. (My friend who witnessed the case says he thinks this figure is highy inflated).
The case is back in court on Monday 5th Feb.
Does the crown provide any representation for poor people?
If they have money can they pay their way out of a prison sentence?
I am very worried about my friend. EVEN if he IS guilty( which I dont think he is) 11 years in prison for theft is a long time. I am worried that he wont survive it.
What can I do to help?
I am sending my guide to the court as a witness so I know what is happening.But what can I do from England? I am very upset by this whole thing.
Gambiabev did I say you can't read for urselves? I am replying to a posting and deem it appropriate to quote the posting. |
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Alhassan
Sweden
813 Posts |
Posted - 26 Jan 2007 : 11:51:53
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quote:
Originally posted by gambiabev
Madiba, there is no need to reproduce the previous persons comments! We can all read them for ourselves!!!
My reason for this topic posting is out of concern for a friend of mine.
A bumster I am friends with is being charged with theft alongside 4 other men. I had a representative attend the court. He said that the charges are serious, but they are being charged COLLECTIVELY. SO if one is guilty they all are. They are charged with taking equipment and belongings from a guest house they were staying in.
They have no legal representation and no money.
The man bringing the charges is the property owner. They were staying in the property cheaply whilst he was renovating it. Now it is finished he wants them out to rent it to tourist. He went to the police with the story of theft so the police would evict them.
I am not sure if they are guilty of anything or not. My friend say he isnt guilty and there is no evidence. They are all pleading not guilty against the advice of the judge.
If they are found guilty they couldhave an 11 year prison sentence for stealing,betwen 5 of them £8,000 of goods. (My friend who witnessed the case says he thinks this figure is highy inflated).
The case is back in court on Monday 5th Feb.
Does the crown provide any representation for poor people?
If they have money can they pay their way out of a prison sentence?
I am very worried about my friend. EVEN if he IS guilty( which I dont think he is) 11 years in prison for theft is a long time. I am worried that he wont survive it.
What can I do to help?
I am sending my guide to the court as a witness so I know what is happening.But what can I do from England? I am very upset by this whole thing.
Bev,
I cannot remember that the crown proviaded lawyers to people taken to court. As far as I can remember, it is up to the individual to have a lawyer or not. It is not a cheap adventure as I know of. Your bumster friend has to pay for himself.
I can recall JODY(Gorgi Laity Banga) FYE representing himself and was good at it. He never got free even when he was inocent. He died in prison because of mal treatment. I still remember him as a hero. |
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gambiabev
United Kingdom
3091 Posts |
Posted - 26 Jan 2007 : 12:36:17
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| Oh, that doesnt make me very optimistic for my friend. |
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mbay
Germany
1007 Posts |
Posted - 26 Jan 2007 : 13:03:18
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you better hid out yourself from Serrahileh!
Kenna haleh anatunua hebeh gadunadi
quote:
Originally posted by mbay
quote:
Originally posted by MADIBA
quote:
Originally posted by kondorong
quote:
Originally posted by Alhassan
quote:
Originally posted by gambiabev
Can anyone explain the legal system in Gambia to me?!
Is there two courts, civil and crown, similar to UK?
Is it normal for people to be able to pay money as a fine to avoid a prison sentence?
Is it normal for poor people to have no representation in court?
How much power do individual judges have to decide sentences?
Are Judges and court officials honest or are they open to bribary?
I guess I am asking is there one justice for the rich and one for the poor?
If you have money can you avoid prison?
Bev,
IAs I am not a lawyer, I shall try to give you the answers that I am awear of.
In the Gambia, there is both a Magistrate and a high ciourt.
You can avoid prison if you pay a fine imposed on you by the court. As I am awear of you eigther get a prison sentence or a fine depending on the crime committed.
No even if you have money and a sentence has been passed, you are to serve the term in jail.
Yes there is bribery and corruption withn the system.
Note that I might be wrong in some of the answers, but there are people who are more awear of the Gambian system who can correct me.
Sometimes it mandates a judge to give both a fine and a sentence. Sometimes, the judge can fine instead of a sentence but if he/she fails to pay the fine he ould serve a term in jail. Sometimes you are sentenced to a jail term and given the option to pay a fine.
Thanks my learned serahuleh
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jambo
3300 Posts |
Posted - 26 Jan 2007 : 18:43:24
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bev, can i ask does the landlord have proof that the goods were worth the amount he says, also if he wants them out or wnated them out, why did they not just leave. they were only staying there while it was being renovated.
seondly 11 years is steep, even by british standards, because were are only talking about theft, no personal injury, the house was not vandalised
in your sentaence "he went to the police so they would evict them". WHY DID HE FEEL IT WAS NECESSARY TO DO THIS, something is missing, they should have left when he made the first request |
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gambiabev
United Kingdom
3091 Posts |
Posted - 26 Jan 2007 : 20:35:07
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Don't tennants have any rights? They had nowhere else to live and have been sleeping on the streets. As far as I am aware there is no proof in the case. There was no violence and no damage to the property.
In UK this wouldnt make crown court. It would get community service!
IF they are guilty and there is evidence then they should take the punishment.
I have four concerns:
1. That they cant afford representation.
2. That they arent being tried as individuals, but as a group.
3. That the length of sentence is disproportionate to the crimes.
4. That my friend is so low he wont survive prison. |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 26 Jan 2007 : 22:08:27
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Bev, If you friends are lucky they may have an experience magistrate who will weigh up the case properly. £8000 or D400,000 is a felony the minimum sentence is 7 years if they are found guilty. It is for the prosecution to prove beyond reasonable doubt whether the defendants are guilty.
Peace
Sister Omega |
Peace
Sister Omega |
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njucks
Gambia
1131 Posts |
Posted - 27 Jan 2007 : 12:14:23
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since our legal system is based on Common Law like in the UK, i would assume that people who cannot afford a lawyer would have one provided by the state. however if its not the State that brought the case, and its a civil trial between two private individuals then they should get their own laywer.
In all the Area Councils there is a Rent Tribunal i think to protect people paying rent so they can't just be evicted.
if you think there is no case they should get a good laywer and fight, if they win they can claim damages in turn!
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jambo
3300 Posts |
Posted - 27 Jan 2007 : 15:15:48
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| tenants have rights, but were they paying rent, what proof is there they had a tenancy, if it was a casual arrangement between them and the landlord then they have different rights. |
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