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admin
130 Posts |
 Posted - 23 Apr 2010 : 21:14:03
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Poll Question:
Based on the witnesses and the evidence presented so far, would you find the defendants (Lang Tombong Tamba and others):
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| a) guilty |
 [10%] |
3 votes |
| b) not guilty |
[83.3%] |
25 votes |
| c) don't know |
[6.7%] |
2 votes |
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Poll Status:
Locked »» |
Total Votes: 30 counted »» |
Last Vote:
14 May 2010 21:05:10 |
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Momodou
Denmark
11828 Posts |
Posted - 25 Apr 2010 : 12:47:10
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| Please kindly explain what makes this opinion poll illegal? |
A clear conscience fears no accusation - proverb from Sierra Leone |
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kayjatta
2978 Posts |
Posted - 26 Apr 2010 : 08:05:55
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| I missed this part Momodou. Did someone claim that this question is illegal? |
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Momodou
Denmark
11828 Posts |
Posted - 26 Apr 2010 : 08:27:08
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Kay, the posting has been removed by the poster Nyarikangbanna. Because of "sub judicae principle", he wrote that the poll was illegal.
Our disclaimer already states: "These polls are not scientific and reflects the opinions of only those Bantaba users and visitors who have chosen to participate. The results cannot be assumed to represent the opinions of Bantaba users in general, nor the public as a whole". |
A clear conscience fears no accusation - proverb from Sierra Leone |
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kayjatta
2978 Posts |
Posted - 26 Apr 2010 : 12:02:18
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Thanks Momodou,you have said it all but if my friend, Nyarikangbanna still wants to bring back his argument, I will debate it with him. But first of all I would like to raise two issues with him for now:
1. I would like to know under which applicable law is the question illegal?
2. Both the Daily Observer (the APRC government mouthpiece) and an APRC party stalwart called "The APRC Guerilla" from Bakau have pronounced their verdict against the defendants in the case earlier and it was all legal and fine (in the Gambia)... |
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irishadrian
Ireland
18 Posts |
Posted - 13 May 2010 : 20:15:51
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| The reason some may believe this poll is illegal is that the principle behind "sub judice" is that until all evidence both for the prosecution and for the defence has been heard no comment should be allowed that may predudice the juries decision i.e. if the newspapers are full of stories declaring the defendants guilty then that might sway the jury or individual members of the jury to come to a wrong decision likewise if there are stories declaring the innocence of the defendants then the same might apply rgds |
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kayjatta
2978 Posts |
Posted - 14 May 2010 : 07:25:57
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There is no jury trial in the Gambia, as far as I know. Therefore this argument fails.
In the Gambia's legal system, a bench trial by a single magistrate, judge, or a group of judges; an opinion poll like this one could not have swayed the judgement.
Judges and magistrates are well trained in the law (unlike jurists, who are largely lay people selected randomly from the community), therefore their opinions remain (presumably) consistent with the law. |
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