Sister Fatou,

 

I take the guilty plea regarding the matter at hand, as a matter of fact in greater tendency to preach for wrong justice on his head for a self-evident crime he openly committed. So on that one, you are right, the gainakohood does the influence. Having said that, here is how I think a fair magistrate will preside with this case, in the alternative as typical of Gambian culture, “Maslaya”, he might as well seek for an out of court settlement with an apology to the cow’s owner. 

 

Ref: Foroyya

“The accused is alleged to have willfully and unlawfully chopped the said cow with a cutlass.” Foroyya

 

“When the charged sheet was read to the accused in a language he claimed to understand, the latter admitted to the court that he injured the said cow but that the said animal has entered his orchard.” Foroyya

 

 

Is Jereh wrong by cutting a cow? 

Let us go by the news story as was reported by Foroyya that:



The cow did enter Jerreh’s orchard  on the fateful day;

Jerreh defended his territory by cutting the cow with a cutlass;

Jerreh admitted that he cut the cow, but didn’t mention of any further damage on the orchard by this cow.

 

In the Gambian traditional laws which govern such matters mostly, once an animal (belonging to someone) does some damage on your farm, you can report the matter to the alkaloo (Village head) or Seefoo (District head) or which ever is convenient for you to be fully compensated for any damage. 

 

Jerreh’s defense of his territory infringed on the cow’s right for existence. By cutting the cow willfully with intent, either arising from impulse or arrogance, he has shown to be very cruel by his deed. Jerreh is also cutting an animal with running blood like him; an animal that cannot talk to be questioned “What were you doing at Jerreh’s orchard?” This act in no place on earth can be deemed ‘Defense of territory”, hence further, Jerreh didn’t mention that the cow fought him back. 

 

Mitigation: 

Since Jerreh admitted committing the crime without wasting the magistrate’s time, his plea of mitigation should be given weight. He probably will allege further it is from this orchard that he feeds his two or three wives, children, grandchildren and other extended family members, together with any remorse that he will show for his cruel action to the presiding Honorable Judge.

 

VERDICT:

Therefore, 



Jerreh should keep the peace for two years with restraint from cows;

Jerreh should be responsible for the veterinary cost of this cow’s healing;

Jerreh should be counseled on his anger; 

Thanks for rejoining.

Yero. > Date: Wed, 3 Oct 2007 15:08:25 +0200> From: [log in to unmask]> Subject: Re: Old man arraigned for injury on a cow> To: [log in to unmask]> > Suntou,> Dont I find your reaction to the article a little funny particularly those> references you made in the Holy Qur'an. First, even though the HQ has its> second chapter entitled the cow (Baghara), the reference to it in the HQ> goes back to the story of Moses. After freeing his people he went to> meditate on (or in) the Mount Sinai and in his absence his people betrayed> him by collecting together their jewelry and melting them to mould a golden> cow to worship. The cow is therefore not mentioned to santify it but to> reming people of associating Allah to objects (such as a fabricated cow).> > Yero, I see the gainako in you and your sympathy for the cow. However, is> the man right or wrong? Was he not defending his territory? May there is a> whole story we not yet privy of in this so simple a case! Provocative> question!!!> > Fatou> > On 02/10/2007, SUNTOU TOURAY <[log in to unmask]> wrote:> >> > yero ,how very sad .as a former gainako myself i would recommend a similar> > cut at the culprit .cows are very important animals. even our noble quran> > make comments about the cow .the cattle is mension in the following places> > in th quran : 3:14,4:119,5:1,6:136,138,139,142; 7:179 ,10:24 and many other> > verses.> >> > Yero Jallow <[log in to unmask]> wrote: What will I do to Jerreh? I am> > thinking Dembo Santa Bojang don't need you, but I do.> >> > In all honesty, the man seems to be very cruel. I hope justice will> > preside over his wickedness.> >> >> > Courtesy of Foroyya> >> > Old Man Arraigned For Injury On CowBy Modou JongaJerreh Kulai Bojang, a> > resident of Brikama was on Thursday 27 September, 2007 arraigned in court> > for allegedly causing injury to a cow on 26 August. The accused is alleged> > to have willfully and unlawfully chopped the said cow with a cutlass. The> > cow is said to be the property of one Bakary Dembo Santang Bojang.When the> > charged sheet was read to the accused in a language he claimed to> > understand, the latter admitted to the court that he injured the said cow> > but that the said animal has entered his orchard. The presiding magistrate> > Njie ruled that a plea of not guilty be entered for the accused. The> > prosecutor was sub-Inspector Saine.> > _________________________________________________________________> > Peek-a-boo FREE Tricks & Treats for You!> > http://www.reallivemoms.com?ocid=TXT_TAGHM&loc=us> > ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､> > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L> > Web interface> > at: http://listserv.icors.org/archives/gambia-l.html> >> > To Search in the Gambia-L archives, go to:> > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l> > To contact the List Management, please send an e-mail to:> > [log in to unmask]> > ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､> >> >> > ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､> > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L> > Web interface> > at: http://listserv.icors.org/archives/gambia-l.html> >> > To Search in the Gambia-L archives, go to:> > http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l> > To contact the List Management, please send an e-mail to:> > [log in to unmask]> > ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､> >> > ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface> at: http://listserv.icors.org/archives/gambia-l.html> > To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l> To contact the List Management, please send an e-mail to:> [log in to unmask]> ､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､､

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