Well, we are also recovering from the effect of such a case. However, not
wanting to jump into any conclusiion, we do not know for a fact whether the
accused was actually still intoxicated or just exhausted.  Magistrate Roche
is a qualifed lawyer and a prinicipal magistrate for that matter. She knows
that you cannot try a man or anybody for that who is still under the
influence of a liquor or  substance.

Then again, we must be careful not to jump the gun. We do not know the state
of the accused. I personally was not in court at the time and ofcourse
remember the saying you can't always believe everything you read on the
newspapers! Until and unless we know exactly how the case was conducted, we
should all give
Magistrate Roche the benefit of a doubt. If it is an judgemental error it
sure will be rectified.

aji
-----Original Message-----
From: Ndey Jobarteh <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: Saturday, September 25, 1999 04:04
Subject: Re: Question????


I will like our lawyers to help out on this too. THis is the craziest I have
ever heard of.


The Struggle Continues!!
Ndey Jobarteh


-----Original Message-----
From: Bamba Laye <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: 25 September 1999 04:07
Subject: Question????


Help me on this one folks. does Gambia law allow trial of a person while
they are intoxicated?


Abdoulie Jallow

Fastest legal case in The Gambia?


             In an unprecedented case, one Abdoulie Jallow, 30, a Guinean
born taxi driver was on Wednesday arrested, charged, convicted and sentenced
to eight years in jail or to pay a fine of D22,500 for drinking and driving,
within two hours of committing the offence.

            The particulars of offence states that "Mr Jallow, on Wednesday
September 22, at around 8-9 am drove a mercedes benz registered number KM
2406 in a manner dangerous to the public; that on the same day, he failed to
stop his vehicle when required by a police officer in uniform contrary to
the Motor Vehicle Traffic Act."

            When the charges were read to him in court, he pleaded guilty to
both counts. On count one, Jallow was sentenced to a five year prison term
or a fine of  D20,000, and on count two, he got three years or a D2,500
fine.The prison terms are to run concurrently.

            In his plea for mercy, Mr Jallow who was still drunk, lamented:
"I am a stranger in The Gambia.  I do not know the Gambian laws.  Please
forgive me."Our reporter sighted Jallow snoring heavily at the mobile
traffic unit offices after the sentence was passed.

            The case was presided over by Magistrate HC Roche of the
Kanifing Court. The prosecution officer was First Class Corporal Baldeh..



Source: Weekend Observer 09/24/99

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