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toubab1020
12311 Posts |
 Posted - 03 Oct 2010 : 22:38:18
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I wonder why?,Court too busy,prosecution problem,no magistrates,or something else ?
http://observer.gm/africa/gambia/article/marabout-loses-over-d100-000-calls-for-speedy-trial
Marabout loses over D100, 000 Calls for speedy trial
Africa » Gambia
Friday, October 01, 2010
Modou Lamin Cham, a 50-year-old marabout and native of Sabach Njien in Sabach Sanjal District, North Bank Region, has urged the Bundung Magistrates Court to call his case in court and give him a fair and speedy trial.
The angry marabout who walked to the Daily Observer offices about two weeks ago said he has a case in court which is in the hands of the prosecution and has not yet been mentioned for more than 5 months since investigations into the case were completed. According to him, the case is being handled by Prosecutor Mballow of the Bundung Magistrates Court whom he alleged, has refused to forward it to the court and has not told him the reason for doing so.
Cham explained that it all started in September 2009 when he was looking for a visa to travel to Argentina and one Jim Satou Njie, a native of his village introduced him to one Alieu Ceesay of Serrekunda to help him secure a visa to Argentina. He said that the said Alieu Ceesay requested for D80, 000 from him to help him get a visa, which he provided.
"After two weeks, he brought a visa for me and requested for another D30, 000 to buy a ticket for me. I gave him the money and he went with it together with my passport until after three months, he came back and said he will find another visa for me because the first visa has expired. He later brought another visa which was stamped on a letter and said that the Argentinean ambassador in Nigeria said that the visa will be stamped on a letter and not on my passport," he narrated.
"Then I went to Dakar to buy another ticket to travel to Argentina and I was advised to go to Nigeria to confirm from the Argentine ambassador in Nigeria whether he was the one who issued that visa or not and to ask whether that visa is valid or not. While in Nigeria, I met the ambassador who told me that the visa is a fake one and he took all my documents including my passport and sent them to The Gambia's high commissioner in Nigeria. The high commissioner also wrote a letter about the issue and asked me to come back home and give my documents and the letter to the National Intelligence Agency (NIA) office in Banjul," he further explained.
"The NIA office transferred the case to the Police headquarters under one Mam Biram Jobe to investigate the matter. After the investigations were completed, Alieu Ceesay was arrested and the case was taken to the prosecution unit at the Bundung Magistrates Court under Prosecutor Mballow. Since then the case has not been mentioned in court and Mballow has not informed me anything about the case," Cham told this paper.
"All I want is for the case to be mentioned in court so that I can have a free mind because this case prevented me from taking care of my farms during last year and this year#146;s rainy season and a lot of other business transactions that I was supposed to do. If nothing can be done, then I will appreciate it if I can get my money back," he concluded.
However, when the Daily Observer contacted Prosecutor Mballow to shed light on the issue, he referred this reporter to the police spokesperson Superintendent Sulayman Secka. PRO Secka informed this paper that the case was first supposed to be handled by one Magistrate Sabally of the Bundung Magistrates Court but unfortunately he traveled to Sierra Leone and the case could not proceed.
He however promised that the case would now be handled by a new magistrate and is supposed to commence on 30th September 2010, but it was again pushed to 17th October 2010 for commencement of the trial.
Author: by Assan Sallah
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Moe
USA
2326 Posts |
Posted - 03 Oct 2010 : 23:22:54
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One think I can assure you Alkalo1020 is that the qustice department is something the judiciary should serious revamp and hold parties responsible for the incompetence exhibited daily, either there is no magistrate or the lawyer was absent, witness did not make it, my dog ate my homework, I forgot the evidence or documents. This is the real problem in Gambia , Incompetence at all levels and no one is held responsible.........................................................................Peace
quote:
Originally posted by toubab1020
I wonder why?,Court too busy,prosecution problem,no magistrates,or something else ?
http://observer.gm/africa/gambia/article/marabout-loses-over-d100-000-calls-for-speedy-trial
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 03 Oct 2010 23:35:11 |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 00:22:23
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Thanks MOE,I know that you are a man who looks deep into written words,need I say more ? 
(Sorry I won't anyway,I will leave that for you to puzzle over!) |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 04 Oct 2010 00:24:32 |
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Prince
507 Posts |
Posted - 04 Oct 2010 : 00:59:54
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quote:
Originally posted by toubab1020
Thanks MOE,I know that you are a man who looks deep into written words,need I say more ?
(Sorry I won't anyway,I will leave that for you to puzzle over!)
Alkalo Aku, are you done insulting Gambians for not adhering to your "attitudinal change" ramblings. |
"When injustice becomes law, rebellion becomes duty." |
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Karl
136 Posts |
Posted - 04 Oct 2010 : 02:54:58
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quote:
Originally posted by Moe
One think I can assure you Alkalo1020 is that the qustice department is something the judiciary should serious revamp and hold parties responsible for the incompetence exhibited daily, either there is no magistrate or the lawyer was absent, witness did not make it, my dog ate my homework, I forgot the evidence or documents. This is the real problem in Gambia , Incompetence at all levels and no one is held responsible.........................................................................Peace
quote:
Originally posted by toubab1020
I wonder why?,Court too busy,prosecution problem,no magistrates,or something else ?
http://observer.gm/africa/gambia/article/marabout-loses-over-d100-000-calls-for-speedy-trial
There is a saying, "how it is impossible to insult an entire village and then claim to exclude the village head "alkalo". The irony; "Incompetence at all levels and no one is held responsible" Moe....You now acknowledged the problem, welcome to the reality, despite your detachment from the rim. May I put emphasis on your words "at all levels" including the emperor's, ..the chief of incompetence. |
"People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster" J Baldwin |
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dbaldeh
USA
934 Posts |
Posted - 04 Oct 2010 : 09:02:15
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Precisely brother Karl!!!
"Incompetence at all levels and no one is held responsible"
It doesn't take too long and common sense to differentiate between reality and fiction... incompetence at all levels is exactly what we have and guess what it starts from the leader who sets the examples....
Jammeh: " I fired and fired until I don't know who to fire anymore"
This is the most damning revelation of incompetence from the executive level... the broom is not working...
Thank God for another day closer to reality!!! |
Baldeh,
"Be the change you want to see in the world" Ghandi
Visit http://www.gainako.com for your daily news and politics |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 13:42:32
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I expect everything will be alright, The Electric Broom wants a new battery, The Gambia No Problem  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 04 Oct 2010 13:43:08 |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 13:46:34
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In this case No, however the puzzle hasn't been solved.
quote:
Originally posted by Prince
quote:
Originally posted by toubab1020
Thanks MOE,I know that you are a man who looks deep into written words,need I say more ?
(Sorry I won't anyway,I will leave that for you to puzzle over!)
Alkalo Aku, are you done insulting Gambians for not adhering to your "attitudinal change" ramblings.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 13:59:09
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That was really quick MOE getting all this together I am looking forward to reading what was said by the learned participants,is kayjatta (I am not an Att. etc.) in The Gambia as an observer I wonder ? he has been very quiet recently.
http://observer.gm/africa/gambia/article/new-legal-session-opens-today
New Legal Session opens today
Africa » Gambia
Monday, October 04, 2010
The Gambia Judiciary will today, Monday October 4th, 2010 hold an open day session to mark the new Legal Year at the High Court complex in Banjul. The session will among other things mark the beginning of court proceedings at the various courts within the judiciary.
It could be recalled that the last Legal Year ended in July 2010 when the High Court judges proceeded on vacation. Thereafter, two High Court judges were appointed during the vacation as vacation judges. The two are Justice Emmanual Amadi who worked from 1-31st August 2010 and Justice Basirou VP Mahoney who sat from the 1-30th September 2010.
Meanwhile, it is expected that the chief justice of The Gambia, Emmanual Akomaye Agim will deliver a speech at the ceremony marking the commencement of the new Legal Year.
Author: by Sidiq Asemota
quote:
Originally posted by Moe
One think I can assure you Alkalo1020 is that the qustice department is something the judiciary should serious revamp and hold parties responsible for the incompetence exhibited daily, either there is no magistrate or the lawyer was absent, witness did not make it, my dog ate my homework, I forgot the evidence or documents. This is the real problem in Gambia , Incompetence at all levels and no one is held responsible.........................................................................Peace
quote:
Originally posted by toubab1020
I wonder why?,Court too busy,prosecution problem,no magistrates,or something else ?
http://observer.gm/africa/gambia/article/marabout-loses-over-d100-000-calls-for-speedy-trial
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 04 Oct 2010 14:02:07 |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 15:00:33
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I wonder if the speeches by the learned particpants will have to be modified ?
http://thepoint.gm/africa/gambia/article/arrest-must-be-justified-says-former-justice-minister
Arrest must be justified - says former Justice Minister
africa » gambia
Monday, October 04, 2010
Fafa E M'Bai former Attorney General and minister of Justice and a senior member of the Gambia Bar Association has stressed that arrests must be justified, noting that accused persons cannot be detained at the whim of the police.
"An arrest must be justified; the accused person cannot be detained at the whim of the police and must be formally charged; the interrogation of the accused must be carried out fairly; he may be entitled to bail, and he has the right to be defended by an advocate," he said.
M' Bai was addressing a cross section of state prosecutors at the AG Chambers over the weekend while presenting a paper on "Advocacy and the Litigation Process" at a two-day training held at the Legal Capacity Building Office in Banjul.
He said the rules of criminal procedure embody the principle that a person is innocent until he is proven guilty, but balances this interest against the need to grant the police the appropriate powers to enable them to act effectively in apprehending a suspect, and in gathering information.
The effect of this balance, he added, is evident in various provisions. He noted that for instance, the powers of search and seizure cannot be exercised indiscriminately.
The police have no power to enter premises in order to investigate crime (as opposed to effect arrest) except under a search warrant. We all remember Lord Denning in Ghana V Jones (1970) 3 ALL ER 1700 when he said:
"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail.... Its roof may shake.... the wind may blow through it.... The storm may enter... the rain may enter.... but the King of England cannot enter.... all his forces dare not cross the threshold or ruined tenement."
According to Mr. M'Bai, the rules which govern the trial itself ensure that the proceedings are conducted as fairly and efficiently as possible. "The pre-trial criminal process enables both the prosecution and the accused to be prepared and ready for the trial. To this end, the rules require charges to be drafted properly, that a sufficient case be made out against the accused before he is committed for trial, that the prosecution gives notice concerning certain statements, reports or depositions which it will be relying on at trial, that the accused gives notice of his alibi defence if this is pertinent and so on," he stated.
In his view, no advocate, no matter how gifted, can really succeed in representing his clients unless he has a firm foundation in the rudimentary aspects of evidence and procedures, has grasped the facts and applicable principles of law, has developed a well- reasoned approach or strategy which will govern his conduct of the case, and is able to utilize the necessary methodology so as to make his speeches to the court compelling, his cross examination of witnesses purposeful and his presentation of exhibits effective.
The characteristic of the litigation process, he further noted, include the nature and function of the law of evidence and procedure; the attributes of common law adversarial system; the nature of the judicial process; the role of ethics, and the standards which are required of the advocate.
"The law of evidence is primary as there is no purpose in taking a matter to trial unless there is evidence on the issues which will enable the court to come to a decision," he added.
In a criminal trial, senior counsel M' Bai stated, the accused does not "settle". "He can either plead guilty to the offence with which he was originally charged or agree to plead guilty to a lesser offence if prosecution offers this opportunity. The prosecution may decide not to prosecute at all after certain representations are made on behalf of an accused," he revealed.
However, he added: "it is not a question of mutual bargaining as between the parties in a civil case. The prosecutor has complete discretion in the matter which he may exercise if he deems it, in the circumstances.
Fafa M#146;Bai continued: "the distinction between the court exercising its civil and criminal jurisdictions is also apparent. The court is involved in the civil pre trail process to the extent that the parties exercise their initiative in raising issues for determination. The criminal court has a more independent and active role."
Author: Sainey M.K. Marenah
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12311 Posts |
Posted - 05 Oct 2010 : 10:57:08
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I really thought that something exciting was going to come out of this,but as usual it all rather bland,a case of maybe or perhaps.
"enmolumnet of the lower cadre staff from D600 to more than D1,000 per month, and expressed optimism that the lower cadre staff enmolument would be increased in the near future."
How can a family man exist on this ? travel money included,I doubt it,if you dont pay people a living wage how on earth can you run an efficient organistaion?
Public interest is an essential focus of the judiciary
Africa » Gambia
Tuesday, October 05, 2010
The chief justice of The Gambia, Emmanuel Akomaye Agim has said that the public interest of the people of The Gambia is an essential focus of the judiciary.
The chief justice made these remarks yesterday at the High Court complex in Banjul at the opening session of the 2010-2011 legal year. He told the gathering that the opening session was organised to remind the judicary of its responsibility and the achievements recorded over the past one year. While disclosing that over 500 cases were filed since January 2010 and over 100 appeal cases heard, the chief justice pointed out that the judiciary has established an effective case management system, which he said includes periodic training workshops for members and staff of the judiciary.
He further disclosed that the judiciary is currently being indigenised, noting that 18 cadis have been appointed, compared to six cadis over a year ago. According to him, the judiciary now has 12 judges out of which nine are Gambians; and 17 magistrates, out of which 13 are Gambians. The chief justice said the judiciary has increased the enmolumnet of the lower cadre staff from D600 to more than D1,000 per month, and expressed optimism that the lower cadre staff enmolument would be increased in the near future.
He used the opportunity to introduce two newly appointed judges, Justice Amie Joof and Justice Ade Joiner. Chief Justice Agim further mentioned other achievements registered by the judiciary, saying that the library which was abandoned for years has been reorganised, with plans to stock it with new books as well as bringing in new office equipment; also, three staff of the judiciary benefited from a scholarship package, and are now studying law at the University of The Gambia (UTG).
He added that they have over the past few months been organising training for secretaries as well as sponsoring many staff to study at GTTI. The chief justice stressed the need to acquire more buildings, noting that the judicary cannot do things except with the cooperation of the government of The Gambia. He also stressed the need for greater cooperation between the bar and bench so as not to allow the country's legal system to be doomed.
The forum was characterised by a question and answer session in which Lawyer Ousainou Darboe called for greater cooperation between the bar and the bench, noting that a lot needs to be done concerning high court rules and criminal procedures among other things. He stressed that what is fundamental to the justice system is when a person is acquitted and discharged by the court, the moment the person steps out of the courtroom, he is rearrested again.
The chief justice in his response opined that a conference of the bar and bench needs to be organised in which some of the issues raised by Darboe would be dealt with. In his contribution, Lawyer Pap Cheyassin Ousman Secka, who deputised for the president of the Gambia Bar Association (GBA) Sheriff Marie Tambedou who is currently out of the jurisdiction, assured the gathering that the bar will organise a meeting or forum to deal with any shortcomings raised by Lawyer Darboe.
He congratulated the chief justice, Emmaneul Agim on his successes since his appointment as the chief justice of The Gambia, noting that before, there were more courts than judges, but that now there are more judges than courts. The forum was attended by judges of the superior courts, the attorney general and minister of Justice, Edward Gomez, members of the GBA, staff of the judiciary, members of the media fraternity and the general public.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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