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 Politics: Gambian politics
 Lawyer Darboe Decries "Unfair Trial"
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Momodou



Denmark
11786 Posts

Posted - 06 Apr 2010 :  18:22:51  Show Profile Send Momodou a Private Message
Lawyer Darboe Decries "Unfair Trial" As Magistrate Convicts Femi
By Baba Sillah


Magistrate Kayode Olajabutu of the Kanifing Magistrates’ Court on Thursday 1st April convicted United Democratic Party Campaign Manager finding him guilty of staging a political rally without a permit from the Inspector General of Police.

Magistrate Kayode Olajubutu said he had no difficulty to reach a verdict because the accused person’s party was not issued a permit and went ahead with the rally thereby committing an offence. However, the defence counsel Lawyer Darboe told the presiding Magistrate that Mr. Peter’s conviction is considered "a conviction of the Judiciary".

"Even if the Public Order Acts should be amended, it still remains the law and the court cannot ignore that. If there is no provision for the application of a permit then why did the accused person apply for it?" the Magistrate held. The aging politician was shepherded in a vehicle for subsequent imprisonment after the judgement was delivered.

Family members and party militants, among other sympathizers burst into tears as he waved at them. Though the atmosphere at the court was tense, the situation remained trouble-free. Both armed and unarmed police officers surrounded the court premises since early morning to maintain order.

However some individuals expressed outrage at the verdict, while others, mostly UDP militants, displayed their fury as they heckled out of the court premises. "Any lawyer in this case would know that this is not a fair trial. Mr. Peters is an opposition member, and indeed everything would show that we cannot do this matter with levity. On an occasion where people are found exercising their democratic right, how would the court view that? If the court of the Republic and Gambians will think and use colonial legislation to pass sentence on accused persons, that will certainly perpetuate colonial legislation. I finally leave it to the discretion of the court to decide its decision," Darboe declared in his plea of mitigation – before the judgement.

The senior lawyer, who is also the party leader of UDP, has said his client-cum-comrade is not a common criminal, rapist or thief, and was never convicted. For him, the case should not have reached this stage because of a pending application he submitted at the High Court on the matter.

"Mr. Peters today joined the ranks of Nkwame Nkrumah and Nelson Mandela, who were convicted for similar offences and unjust laws that the colonial British used to oppress the opposition," said Lawyer Ousainou Darboe.

Kayode told Darboe that he has not made the right mitigation, but Darboe retorted saying: "I have made it clear that he [Mr. Peters] is not a common criminal."

The presiding Magistrate at that point stood down to write his verdict. He returned after almost 30 minutes and declared Mr. Peters "guilty", sentencing him to both a fine and imprisonment.

Source: Dailynews

A clear conscience fears no accusation - proverb from Sierra Leone

kobo



United Kingdom
7765 Posts

Posted - 06 Apr 2010 :  18:38:31  Show Profile Send kobo a Private Message
What about statement from U.D.P? Lawyer Darboe only made a personal statement "Unfair trial"
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mansasulu



997 Posts

Posted - 06 Apr 2010 :  21:02:42  Show Profile Send mansasulu a Private Message
He should have joined the ranks of Nkurumah and Mandela not his lieutenants. Nkurumah and Mandela led from the front, Darboe on the other hand is not only leading from the back, but from behind a veil.

"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...
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Senegambia

175 Posts

Posted - 07 Apr 2010 :  00:31:10  Show Profile Send Senegambia a Private Message
Priorities Vs, Urgency

To Kobo and Mansasulu, I think it is high time you double up your efforts in fighting the injustice being imposed upon Mr Peters and The Gambia instead of blogging about what Darboe did not do!

Tesito

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mansasulu



997 Posts

Posted - 07 Apr 2010 :  14:46:42  Show Profile Send mansasulu a Private Message
What Darboe needs to do is step up to the plate or get out of the way. As the figure head of the largest movement against Jammeh and his tyrannical rule he automatically (defacto) gets the mantle of speaking for all of us. We cannot effectively make any head way against the injustice in the Gambia with Darboe in the way. He is part of the problem.

"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)

...Gambian by birth, Muslim by the grace of Allah...
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kobo



United Kingdom
7765 Posts

Posted - 07 Apr 2010 :  15:36:21  Show Profile Send kobo a Private Message
To Senegambia! Darboe and U.D.P are part of the stumbling blocks for sacrifice, solidarity and unity to make Jammeh/A.P.R.C history. I am fighting hard in supporting solidarity and mobilisation of a united front for all oppostion parties to eliminate injustices, tyranny and state terrorism. N.A.D.D was established to mobilised for all opposition masses tactically and strategically to fight them through the ballot box.

Under N.A.D.D's victory Lawyer Darboe had the chance to became The President of The Gambia through the M.O.U and commanding great respect in the Gambia. The flag bearer was to serve for not more than one or two years; inorder to facilitate a proper transition or launch the N.A.D.D programmes for rectifications, democratic framework & institutions.

The headache is the U.D.P dispora so-called intellectuals/educated cyber warriors including ill advisers of Darboe spunning him and the U.D.P around when they need to be decisive to adopt the right or best options for them in winning elections.

Edited by - kobo on 07 Apr 2010 15:43:41
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Senegambia

175 Posts

Posted - 08 Apr 2010 :  00:49:20  Show Profile Send Senegambia a Private Message
I dont think most criticisms against Lawyer Darboe are reasonable enough to entertain! I mean taking him to be a part of the problem he is fighting everyday is an allegation that will be hard to defend.

With regards to NADD, I think it is time to let go those emotions and start nurturing opportunies that will enhance the unity necessary to dislodge the dictator.

Tesito

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kobo



United Kingdom
7765 Posts

Posted - 08 Apr 2010 :  16:10:09  Show Profile Send kobo a Private Message
Back to sguare one! The options available would only led to re-invention or re-branding of N.A.D.D.

Starting point is 1. INTER-PARTY DIALOGUE AND PARTY LEADERS TO NEGOTIATE THE DEAL.

Surely Lawyer is doing a great professional job (as human rights lawyer) but err in judgement (including advisers or executive of U.D.P) on the political strategies with lost opportunities AND THESE DEADLY ERRORS OF JUDGEMENT;

1. Led a unilateral boycot However I fully support total boycot by all opposition parties; where there is no level playing field (for instance if they cannot exercise proper democratic rights or participate in a conducive elections with an INDEPENDENT ELECTORAL COUNCIL THEY ARE SATISFY WITH).

2. U.D.P/N.R.P Conspiracy to undermine SAVE THE GAMBIA DEMOCRACY PROJECT'S N.A.D.D that led to its dis-integration, project failure and DISASTER.

3. NO ALL INCLUSIVE AGENDA FOR U.D.P ON 2011 ELECTIONS (NEXT YEAR) THAT CATERS FOR MOBILSATION OF MASSES THAT OPPOSED JAMMEH/A.P.R.C! I DON'T WANT TO HEAR ANYTHING THAT DICTATES "PARTY LED ALLIANCE" FOR OTHER OPPOSITION PARTIES/LEADERS ARE POLITICALLY MATURE TO NEGOTIATE WHAT IS AT STAKE TO SERVE A NATIONAL CAUSE ALSO HOW CAN THEY WAIT UNTIL ONE YEAR WITHOUT ANY STRATEGY OR NOT TAKING SERIOUSLY (I MEAN U.D.P) BY RESPONDING TO HALIFA SALLAH'S PROPOSALS ON THE WAY FORWARD AGENDA 2011 WITH VARIED OPTIONS?




Edited by - kobo on 08 Apr 2010 16:28:14
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Senegambia

175 Posts

Posted - 08 Apr 2010 :  19:00:21  Show Profile Send Senegambia a Private Message
Kobo,I am glad you understand that the blame game only takes us back to square one! And I certainly agree on the "starting point" you proposed, infact everybody will agree on that. As the leader of the biggest opposition party on the ground I understand that much more is expected of him than his colleagues. But still we should be fair to him when criticising, especially with the benefit of hindsight.

We have to be better in acknowledging the things Darboe and his party are doing in the face of the dictator. We are all on the same side and have the same goal. I liked the GMC's press release on the arrest of Mr Peters because not only did it condemn the dictator, it acknowledged the efforts of those on the ground (including Darboe), expressed solidarity and showed respect. Now that is what this debate must be about. I mentioned nurturing opportunities because as tragic as Mr Peters' arrest is, it also represents an opportunity for everyone to come together around a common course: dislodging and bringing Jammeh to book.

I understand your frustrations as in nr 1,2,and 3 in your post. But if my mind serves me right, you and our fellow Bantaba contributors have debated all that out on numerous occasions..

Respectfully,

Tesito

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