Borry Touray Challenges AG's Chambers



Daily Observer (Banjul)

August 27, 2000

Ousman Darboe
Banjul

The former magistrate of Basse, Borry S Touray has challenged the Attorney
General's chambers to appeal against his ruling on the murder case of UDP leader
Ousainou Darboe and co. "if they are not satisfied rather than casting
aspersions." Speaking to Sunday Observer Friday, Mr Touray said "magistrates
should know therights they have to remand people charged with capital offences
who have been brought before them," adding that he only intends to put the
records straight. Borry Touray argued "the law of this land states that bail is
a matter of right even in capital offences.

In capital offences, magistrate courts don't have the jurisdiction to grant bail
and equally cannot hear murder cases." He invoked relevant sections of the
criminal procedure code including section 62 (1) 99 sub-section (3). Mr. Touray
said the attorney general's argument regarding his dismissal are out of context.
He said "the procedure to address mistakes if they ever exist is by appeal and
not by termination and dismissal.

It is trite law that vested right must not be trampled upon." He said his ruling
was just a decision and that he challenges the Attorney General to prove the
contrary. "I refused solemnly before, now and in future anybody using my hand to
do injustice," he declared.

Mr. Touray intimated that the judiciary is an independent institution and that
it has a self regulatory mechanism by constitutional provision competent enough
to handle any problem.

He further queried that if mistakes were to be addressed by termination and
dismissals, "this noble institution would be faced with extinction and its
independence, dignity and the confidence the general public has in it will
wither away." He said because of the level of discipline and training he has, he
would not want to engage anybody in personal rows. "I was only discharging a
legal duty faithfully to the best of my knowledge and ability and to the
dictates of my conscience and in accordance with the law," he stressed.

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