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kayjatta
2978 Posts |
 Posted - 19 May 2010 : 12:56:17
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I have some querries about this case, and shall argue it shortly.
Judge warns convict to think before going on with appeal
Africa » Gambia
Wednesday, May 19, 2010
Justice Moses Richards of the special criminal court in Banjul has warned one Alieu Badou Sey to have a rethink before proceeding with his appeal against the sentence imposed on him by the Banjul magistrates court.
The said Alieu Badou Sey was convicted and sentenced by Banjul magistrate court to a fine of D250, 000 or in default to serve 3 years imprisonment after he was found guilty for allegedly being found in possession of 250 grains of cannabis sativa commonly known as Jamba.
After perusing the case file and the record of proceedings, Justice Richards disclosed that the trial magistrate was lenient with the convict for imposing a fine of D250,000 or in default to serve 3- year jail term instead of D250,000 and 5 years as provided by the law.
The DPP, Richard Chenge also warned the appellant that the evidence against him is very strong and stood a big risk of his sentence being increased rather than decreased if he argues his appeal. The learned judge then warned the convict to go and have a proper rethink on his appeal and the case was adjourned to October 21, 2009.
Author: Daily Observer
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Edited by - kayjatta on 19 May 2010 12:59:59 |
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Momodou
Denmark
11701 Posts |
Posted - 19 May 2010 : 13:25:26
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Is this a new case or what? "..the case was adjourned to October 21, 2009" and the article is from today Wednesday, May 19, 2010.
Has Justice Moses Richards been reinstated?
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A clear conscience fears no accusation - proverb from Sierra Leone |
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kayjatta
2978 Posts |
Posted - 19 May 2010 : 15:44:27
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Exactly Momodou! But I think the news is stale news, it happened before Judge Moses Richards' termination. I am not sure what purpose the DO hopes to achieve by revisiting Moses Richards.
However:
1) I am uncomfortable to see a judge and the prosecutor jointly admonish or scare a defendant against appealing his case. The prosecutor certainly cannot have the defendant's best interest at heart. The prosecutor, Richard Chenge's job is to jail/punish him. It is up to the defendant and his attorney to decide if they want to appeal or not.It would appear unethical for the judge and the prosecutor collaborating to give personal advice to the defendant other than suggest and assist him retain an attorney.
2)Also to the tell the lay defendant/appellant that if he appeals he will receive a more severe punishment appears to be coercing him not to appeal. Are they trying to appease jammeh's crusade against backlog in the courts? Judge's advice on its own may be appropriate, but in unison with the prosecutor's raises questions...
3) There is no way the judge and the prosecutor could tell (pre-judicially) what the outcome of the appeal would be not withstanding the grounds for the appeal. The appellate court has a choice not only to remand or affirm, but also to reverse. The judge and prosecutor's scare tactic is unethical and a bluff, in my view.
4)In the story, it is reported that the defendant was found guilty of being in possession of "250 grains" of cannabis. That is hillarious! I guess the reporter meant to write '250 grams', otherwise I don't know how the could have lost this case . |
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Momodou
Denmark
11701 Posts |
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toubab1020
12306 Posts |
Posted - 19 May 2010 : 16:05:09
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Kay, you write in your first posting a comment made by my Favorite Gambian  :
"After perusing the case file and the record of proceedings, Justice Richards disclosed that the trial magistrate was lenient with the convict for imposing a fine of D250,000 or in default to serve 3- year jail term instead of D250,000 and 5 years as provided by the law."
I know very little (if anything  ) about Gambian Law however from his words it would appear that Moses Richards was being guided by Gambian law,is that incorrect?
( Kay,I know that your are not an attorney but you may give your opinion please  )
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 19 May 2010 16:07:37 |
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Jack
Belgium
384 Posts |
Posted - 19 May 2010 : 16:06:52
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How hypochrite is the Gambia on the matter of Canabis.
If you travel to Jinnack, on the northbank, you can see that every farmer there is cultivating Cannabis. Women are harvesting probably tons of cannibis yearly.
As far as I know they dont throw the harvested cannibis in the sea or the mangroves.
And if some1 is trapped with 250 gr he gets a 3 year imprisonement ? |
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kayjatta
2978 Posts |
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toubab1020
12306 Posts |
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kayjatta
2978 Posts |
Posted - 19 May 2010 : 16:14:35
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quote:
Originally posted by toubab1020
Kay, you write in your first posting a comment made by my Favorite Gambian :
"After perusing the case file and the record of proceedings, Justice Richards disclosed that the trial magistrate was lenient with the convict for imposing a fine of D250,000 or in default to serve 3- year jail term instead of D250,000 and 5 years as provided by the law."
I know very little (if anything ) about Gambian Law however from his words it would appear that Moses Richards was being guided by Gambian law,is that incorrect?
( Kay,I know that your are not an attorney but you may give your opinion please )
Toubab, I hope he is guided by Gambian law as you said. Sometimes even good people can be lost in thye thin line betwwwen law, politics and everything else in the gambia... |
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toubab1020
12306 Posts |
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toubab1020
12306 Posts |
Posted - 19 May 2010 : 16:16:57
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OK ,then his words were accurate ?
quote:
Originally posted by kayjatta
quote:
Originally posted by toubab1020
Kay, you write in your first posting a comment made by my Favorite Gambian :
"After perusing the case file and the record of proceedings, Justice Richards disclosed that the trial magistrate was lenient with the convict for imposing a fine of D250,000 or in default to serve 3- year jail term instead of D250,000 and 5 years as provided by the law."
I know very little (if anything ) about Gambian Law however from his words it would appear that Moses Richards was being guided by Gambian law,is that incorrect?
( Kay,I know that your are not an attorney but you may give your opinion please )
Toubab, I hope he is guided by Gambian law as you said. Sometimes even good people can be lost in thye thin line betwwwen law, politics and everything else in the gambia...
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
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kayjatta
2978 Posts |
Posted - 20 May 2010 : 08:25:42
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His words may be accurate, but they may be unethical and misconstrued. Sending a defendant home to reconsider his appeal and telling him as a judge you would impose a more severe penalty than the one imposed by the lower court if he loses the appeal appears to be arm-twisting at best and completely false at worst. Unless the case is remanded or reversed following the appeal, the judgment of the lower court will remain unchanged (affirmed). In short, I don't see how the appellate (appeals) court can imposed a more severe punishment than that given by the lower court, other than remand the case back to the lower court for further trial. It just doesn't seem to make procedural sense.
Okay they (the judge and the prosecutor) said that the defendant received a lenient sentence of 250,000 and 3 years instead of the full 250,000 and 5 years, and if he appeals the full punishment will be imposed. Now that sounds like you go to your favorite grocery store and upon checkout after all your discounts, you realise a mistake on your receipt. You tell this to the clerk who then calls a manager and both the clerk and the manager tells you that after "perusing" the receipt they didn't see any error but if you want to re-do the checkout you will be charged the full cost of your groceries. You will not receive any discount you received the first time. Sounds stupid, doesn't it?
But Toubab, I guess it is all a hoax since the D.O. has pulled down the story that is so full of erroneous timeline and other contradictions
please note: Kayjatta is not an attorney, has no legal qualifications and cannot give legal advice...
quote:
Originally posted by toubab1020
OK ,then his words were accurate ?
quote:
Originally posted by kayjatta
quote:
Originally posted by toubab1020
Kay, you write in your first posting a comment made by my Favorite Gambian :
"After perusing the case file and the record of proceedings, Justice Richards disclosed that the trial magistrate was lenient with the convict for imposing a fine of D250,000 or in default to serve 3- year jail term instead of D250,000 and 5 years as provided by the law."
I know very little (if anything ) about Gambian Law however from his words it would appear that Moses Richards was being guided by Gambian law,is that incorrect?
( Kay,I know that your are not an attorney but you may give your opinion please )
Toubab, I hope he is guided by Gambian law as you said. Sometimes even good people can be lost in thye thin line betwwwen law, politics and everything else in the gambia...
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Edited by - kayjatta on 20 May 2010 08:36:43 |
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kayjatta
2978 Posts |
Posted - 20 May 2010 : 09:14:39
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quote:
Originally posted by Jack
How hypochrite is the Gambia on the matter of Canabis.
If you travel to Jinnack, on the northbank, you can see that every farmer there is cultivating Cannabis. Women are harvesting probably tons of cannibis yearly.
As far as I know they dont throw the harvested cannibis in the sea or the mangroves.
And if some1 is trapped with 250 gr he gets a 3 year imprisonement ?
Jack, leave my people alone . Ask Capt. Suwareh what we did to him after he stormed the island in a police crackdown several years ago . BTW, Ensa Badgie told us that the Big man wants us to grow it for him sell it |
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toubab1020
12306 Posts |
Posted - 20 May 2010 : 11:51:19
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Quite so Kay, perhaps you misunderstood my question,all I was asking is the 5 years mandatory as at the lower court he was given 3 years by the magistrate ,was that technically incorrect? In my opinion both the fine and imprisonment sentence were excessive.
quote:
Originally posted by kayjatta
His words may be accurate, but they may be unethical and misconstrued. Sending a defendant home to reconsider his appeal and telling him as a judge you would impose a more severe penalty than the one imposed by the lower court if he loses the appeal appears to be arm-twisting at best and completely false at worst. Unless the case is remanded or reversed following the appeal, the judgment of the lower court will remain unchanged (affirmed). In short, I don't see how the appellate (appeals) court can imposed a more severe punishment than that given by the lower court, other than remand the case back to the lower court for further trial. It just doesn't seem to make procedural sense.
Okay they (the judge and the prosecutor) said that the defendant received a lenient sentence of 250,000 and 3 years instead of the full 250,000 and 5 years, and if he appeals the full punishment will be imposed. Now that sounds like you go to your favorite grocery store and upon checkout after all your discounts, you realise a mistake on your receipt. You tell this to the clerk who then calls a manager and both the clerk and the manager tells you that after "perusing" the receipt they didn't see any error but if you want to re-do the checkout you will be charged the full cost of your groceries. You will not receive any discount you received the first time. Sounds stupid, doesn't it?
But Toubab, I guess it is all a hoax since the D.O. has pulled down the story that is so full of erroneous timeline and other contradictions
please note: Kayjatta is not an attorney, has no legal qualifications and cannot give legal advice...
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
Posted - 20 May 2010 : 11:55:07
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I realised that, OK toubab joke,sorry! 
quote:
Originally posted by kayjatta
No, D.O. is for Daily Observer
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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