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shaka
996 Posts |
 Posted - 29 Jan 2010 : 16:27:11
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Below are various quotations and commentaries in this year's Bar Week gathering. There is light at the end of the tunnel in a seemingly dead Judiciary.
"I believe when it comes to human rights, the Bar should raise an alarm either by press releases or educating the people. It has been a trend that we consider ourselves not a trade union, but we should at all times uphold the principles of the rule of law". Mr Surahata Janneh. The Daily News
Mrs. Awa Sisay-Sabally, also a senior lawyer shared with her colleagues her involvement in human rights issues. She explained that in April 2001, some Bar members had to get instructions to represent a group of students who were detained following a student strike. “We went to the court, sought for their release and the Magistrate did not only declare their detention illegal, but ordered their release. For me that was when my activism started”, she told her colleagues......... Mrs. Sabally said she was also involved with the journalists - Gambia Press Union – “and we were able to put aside the Media Commission Bill.” She observed that there are many local statutes that are not ideal in a democratic country, which she added can be declared null and void if fought for at the courts. She was however quick to add, “It cannot be a one man crusade; it must take will and courage to do so”, adding that “we must do it together or allow dictatorship to prevail”. The Daily News on Mrs Awa Ceesay-Sabally
“We teach law in a technical way, represent people in court in a technical way and we use the term justice, but do we engage in justice ourselves? These are essential elements that need to be understood otherwise it does not distinguish a lawyer and a second hand car dealer”. Professor Kim. Foroyaa.
‘"Many a times accused persons are arrested and paraded on GRTS and convicted by the Television before even going to court." According to Lawyer Sagarr Jahateh, her group has condemned the act which they described as ‘‘trial by media and a gross human rights violation’’. She promised, however, that the human rights unit being created under the Bar Association will take it as a responsibility to combat such practices. ‘‘Lawyers are expected to uphold the rule of law and promote human rights,’’ she said. ‘‘The Bar needs to improve in advocacy, defending rights and freedom of expression.’’ Lawyer Jahateh also spoke of the need for the Bar to have a human rights unit to take care of litigations and amendment of laws that are not in conformity with constitutional provisions. And on access to justice, she said the human rights unit will deal with defending of prisoners, issues of detentions and prison conditions. She added that the unit will also seek funding for the legal Aid Committee, ‘‘because lawyers are not willing to take such cases, because of poor remuneration.’’ Jollof News on Mrs Sagarr Jahateh
"The subject of growth and development in our legal practice is a public-private sector partnership. As lawyers, we need the Government as much as the Government needs us if we are to attain desired growth not only in our practice, but also in the development of our country.".......“Whether we know it or not and whether we accept it or not, the reality is, perception means a lot (if not everything) in the practice of the law. The way our judicial system and the dispensation of justice are perceived may impact on us positively or negatively, depending on the perception held.” ........"We need to come up with ideas (legal and otherwise) for formulating and steering growth in relevant sectors of our economy; at the same time, we need to listen and participate in government that looks at those ideas constructively with the view to taking them forward through the formulation of appropriate policies and the enactment of relevant legislations...” .......Hard work and the formulation and implementation of appropriate policies, he outlined, constitute the cornerstone of their successes. These key elements that help to fulfill judicial roles in the traditional legal system are inextricably linked to a strong judicial system, as a robust and independent judiciary that upholds the law equal to all manner of persons, including the government, is necessary, he said, adding, “At the end of the day serious investors (and, I might add, high net of worth investors) want to be assured that in the unlikely event that they have to engage in litigation in any jurisdiction of their investment, they would receive fair treatment (which does not necessarily mean that their matter would be decided in their favour)," the learned lawyer told the gathering. ,." Jollof News and The Point on Mr Cherno S. Jallow Q.C.
Mrs Bensouda however told Thursday’s meeting that she was determined to pursue her mission at the Bar as head of its newly constituted disciplinary unite so as to help in regulating the legal practice in the country. Characterizing lack of commitment as the major problem faced by their fraternity, Bensouda appealed for more participation from members of the Bar. She argued that members must attend meetings if they want to make the Bar what it is supposed to be. She also expressed the need for lawyers to invest time and resources to strengthen the general legal council as lawyers have been under attack for not living up to expectation. Another lawyer, Ida Drammeh, picked on lack of qualified court clerks in the judiciary. She also pointed out the inactiveness of the general legal council which she said fails to establish standards as a way of regulating the legal system. She advised her colleagues to make researches before venturing into court. Lawyer Drammeh also complained about the fact that foreigners are not allowed to be members of the Bar, yet there is the need for lawyers in it. She pointed to the fact that a lot of cases take long before judgment as a result of unavailability of lawyers. This is a point that runs parallel to that of another concerned lawyer, Nenneh Cham Chongan, secretary to the Bar. Delays in court proceedings need to be addressed, agreed Lawyer Janet Sallah Njie, head of Female Lawyers Association of the Gambia (FLAG). But, she added, judges are not patient and they do not address issues exhaustively before taking action. While Lawyer Surahata Janneh condemned as waste of time the practice of lawyers holding brief in courts for their absent colleagues, another Lawyer Drammeh, working for the Gambia Revenue Authority, scolded some of her colleagues, saying that as lawyers they were expected to uphold the law, yet they were not paying their taxes. Jollof News on various Legal Personnel
Source:
http://www.dailynews.gm/index.php?id=dn_home&tx_wecdiscussion[single]=1020028
http://www.foroyaa.gm/modules/news/article.php?storyid=4409
http://www.jollofnews.com/index.php?option=com_content&view=article&id=101:gambian-bar-urged-to-inform-citizens-on-their-right&catid=24:news&Itemid=12
http://www.jollofnews.com/index.php?option=com_content&view=article&id=102:gtrs-is-convicting-accused-persons-say-gambian-lawyer&catid=24:news&Itemid=12
http://www.jollofnews.com/index.php?option=com_content&view=article&id=107:perception-of-countrys-judicial-system-essential-for-dev&catid=24:news&Itemid=12
http://www.jollofnews.com/index.php?option=com_content&view=article&id=107:perception-of-countrys-judicial-system-essential-for-dev&catid=24:news&Itemid=12
http://thepoint.gm/africa/gambia/article/rule-of-law-reassures-investors
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Edited by - shaka on 29 Jan 2010 17:42:07 |
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Karamba
United Kingdom
3820 Posts |
Posted - 30 Jan 2010 : 21:35:44
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Real light at end of the tunnel, no doubt. To an extent Gambia deteriorated this bad thanks to our learned legal persons who from start knew all illegality about Yaya Jammeh and yet kept mute. Further to that they lined up for dirty jobs only to be flung about.
Had the judiciary taken hard stance from start Yaya had no way of going this far. Think of the many legal hands that engaged in the dirty work and there lies the evidence.
Judicial failure in Gambia is unbearably fatal. |
Karamba |
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Kitabul Arerr
Gambia
645 Posts |
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shaka
996 Posts |
Posted - 31 Jan 2010 : 22:49:20
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Fair commentary. And may i add, the fanatically insane to the headline, as is the case of Lawyer Edu Gomez.
"On client-counsel relationship, lawyer Edu Gomez said that some lawyers are involved in one way or the other in criminal activities by failing to report a client to the police when they confess to counsels that they have committed a crime. He added that under the new money laundering and terrorism Acts, lawyers can be obliged to report their clients to the police if they confess committing a crime." Foroyaa on Mr Edu Gomez
Even the most *****ic accused persons will now know where not to look for a lawyer. |
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kobo
United Kingdom
7765 Posts |
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