The conviction and sentencing of Mr Peters is not only harsh but also perverse on the facts of the case. He was not even charged for holding a rally without permit which is what the case was all about, but controlling a procession and use of a loud speaker. He may have signed the UDP permit application for a rally but he is in no way connected to a procession. No evidence was adduced in court to suggest that he had used a loudspeaker. Therefore, the elements of the crimes have not been proven beyond reasonable doubt.
I find it laughable for the prosecution to have said that not all the elements of the crime has to be proven beyond reasonable doubt, and also that a procession and rally are the same. God knows where he got that from. In a criminal case, all the elements of the crime must be proven beyond reasonable doubt before a conviction can be secured. This is not just a common law standard but also an international standard. It looks like none of that mattered to the presiding Nigerian magistrate.
I saw this perverse verdict coming when the magistrate started to disregard the basic tenets of fair hearing such as the right to adequate legal representation and the observance of procedural rules and conventions. Mr Peters was forced to enter his defence without his lawyer. In the end he was hopeless and decided to rest his case.
The magistrate’s refusal to stay proceedings while the case is being heard at a superior court is also against judicial conventions.
I think Mr Peters was only seen as a soft target. Otherwise, why didn’t they charge Ousainu Darboe. He is the leader of the party and had even used a louder speaker to address the rally. They didn't choose Mr Darboe because they know that will put them in the spotlight of the international community.
I urge every Gambian and friends of the Gambia to condemn this judicial charade in the strongest possible terms.
Thanks
I do not oppose unity but I oppose dumb union.
Edited by - Nyarikangbanna on 04 Apr 2010 19:59:31
Sad and so bad this whole matter finally turned to be Nyarikangbanna. It only confirms the situation of LAWLESSNESS long alarmed by several posts on Bantaba here.
In an ideal lawful situation what you just observed could have material bearing. Unfortunately, there are no functional laws in Gambia. Simple to explain: Yaya snatched power and has since never believed or acted lawfully. Unless we come to terms about that reality, we will be judging by legal instruments and standards that have no fitting in Gambia under criminal Yaya Diajameh.
Yet I have no hesitation to join your clear call in condenation of this cruel act.
You are right karamba, there is no effective justice system in the Gambia. Otherwise, this matter can be solved within a week and Mr Peters will earn back his liberty.
Thanks for your comment and I hope you will be interested in joining UDP-UK soon. Please register your interst by email;gambiaforall@google.co.uk
Topic Locked
Posted - 04 Apr 2010 : 15:13:23
