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toubab1020
12311 Posts |
 Posted - 04 Oct 2010 : 15:05:27
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Any Comments ? No, Ah well.........
http://thepoint.gm/africa/gambia/article/accused-acquitted-discharged
Accused acquitted, discharged
africa » gambia
Monday, October 04, 2010
One Talibeh Jallow was, on Firday 1st October 2010, acquitted and discharged by Magistrate Drammeh of the Kanifing Magistrates' Court.
Mr. Jallow was standing trial on a charge of shop breaking and stealing, a charged he denied.
The trial magistrate summarized the evidence of the prosecution witnesses and that of the accused and concluded that the prosecution had failed to prove their case beyond all reasonable doubt.
Magistrate Drammeh further stated that the evidence of the prosecution witnesses did not establish any rightful owner of the items stolen. She added that the second prosecution witness, in his evidence, told the court that at the time of the incident, they visited the scene but could not find any break-in at the shop.
She consequently, acquitted and discharged the accused person.
Author: Yusuf Ceesay
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 04 Oct 2010 : 17:41:32
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Well theft is legally defined as ''a taking with the intention to permanently deprive''. Therefore, it is a vital ingredient of the offence to identity who the permanent deprivation relates to, i.e the rightful owner. Otherwise, it would be perfectly legitimate for the magistrate to dismiss the case as not proven beyond reasonable doubt.
In the case of a break-in, this is an aggravated form of theft. Therefore, in addition to the elements of the offence of theft, the prosecution would have to prove that there is damage to property. Otherwise, the magistrate would again, be entitled to dismiss the case as not proven beyond reasonable doubt. So yes, base on the facts reported here, it looks like this case was fairly adjudicated.
Thanks for your insight look into the Gambian judiciary, Toubab.
Regards
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 04 Oct 2010 17:46:18 |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 17:52:32
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Thanks, I understand completly what you have written,UNFORTUNATLY some magistrates misunderstand the accurate wording of the law and must take their interpretaion of the law from a different source 
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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 18:00:01 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 04 Oct 2010 : 18:24:30
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True but that doesn't appear to be the case here, if this report is anything to go by.
Regards |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 04 Oct 2010 18:25:48 |
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toubab1020
12311 Posts |
Posted - 04 Oct 2010 : 21:06:38
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Quite so, I posted this report to demonstrate that correct rulings are atainable in the Gambian Justice system as it exists today, but as your posting implies there is room for some improvement in some aspects of how the justice system exists today in The Gambia
quote:
Originally posted by Nyarikangbanna
True but that doesn't appear to be the case here, if this report is anything to go by.
Regards
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 04 Oct 2010 : 21:43:18
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quote:
Originally posted by toubab1020
Quite so, I posted this report to demonstrate that correct rulings are atainable in the Gambian Justice system as it exists today, but as your posting implies there is room for some improvement in some aspects of how the justice system exists today in The Gambia
Absolutely but generally speaking, the system does not adhere to basic standards of fair trial. The most serious problem is the lack of sentencing guidlines. This has open the floodgates for abuse of discretionary powers particulary in the lower courts.
Regards |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 04 Oct 2010 22:39:47 |
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