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toubab1020
12311 Posts |
 Posted - 21 Apr 2010 : 12:17:59
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This is what can happen if your principal runs away,not good for you and your family,but people must appear before a court,but here again its all about money.
This from the D.O.
http://observer.gm/africa/gambia/article/surety-appeals-against-sentence
Surety appeals against sentence
Africa » Gambia
Tuesday, April 20, 2010
One Yankuba Fatty has filed a notice of appeal before Justice Lamin Jobarteh of the High Court in Banjul challenging his sentence by the Banjul Magistrates Court.
The said Yankuba Fatty is asking for the High Court's leniency against a two-year jail sentence meted on him by the Banjul Magistrates Court on the 13th of March 2009. The appellant had stood as a surety for one Bagally Konneh, who is said to have absconded the jurisdiction and he was subsequently sentenced to pay the sum of D 100,000 in default to serve two years imprisonment.
In her reply to the appellant's appeal, senior state counsel Jones Nebo submitted that it is her obligation as a minister in the temple of Justice to ensure that justice is done. State counsel Jones Nebo pointed out that the procedure adopted by the trial magistrate was irregular. She explained that Section 107 of the Criminal Procedure Code provides that if the surety does not show sufficient cause and the penalty is not paid, and where a sum has not been deposited, the court may proceed by issuing a warrant for the attachment and sale of the movable properties of the surety, or his estate if he is dead.
State counsel Jones however advanced that the trial magistrate has not followed the procedure laid down by the legislature, which provides that the appellant must be granted a fair hearing. State counsel Jones Nebo told the court that after perusing the record of proceedings from the lower court, she is of the view that the trial magistrate did not only enquire from the appellant as to what condition he stood as a surety.
State counsel Jones further told the court that the trial magistrate did not also make further enquiries requiring he (the appellant) to show cause why his bail bond should not be forfeited. State counsel Nebo said the record of proceedings does not show that there was any attachment or sale of the movable properties of the surety (the appellant) and the said magistrate did not give the surety an opportunity to show cause why his bail bond should be forfeited before meting out the two-year sentence on him.
Senior state counsel Jones Nebo however urged the court to exercise its discretion judicially and judiciously in the circumstance. The presiding judge, Justice Lamin AMS Jobarteh, adjourned the case to Friday, April 23rd 2010 for ruling.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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