----- Forwarded Message -----
From: Lamin Darbo <[log in to unmask]>
To: The Gambia and Related Issues Mailing List <[log in to unmask]> 
Cc: G-post <[log in to unmask]> 
Sent: Thursday, 6 December 2012, 13:15
Subject: Re: [G_L] [>-<] Interesting times in Gambia....
 

YJ

I'm inclined to move on from this chapter of political opportunism but you are not giving me the chance. If you are not someone I love, I'm going to kill you for bracketing me with Dr Amadou Scattred Janneh, Dr Sedat Jobe, and "Alhaji" Buba Baldeh .

Indeed I served as Magistrate, and on the Bench, I was more powerful than any Cabinet Minister. An anomaly in the Professor's dictatorial set up, but I used the separation of powers to consistently act my conscience. I do not consider the IGP v Imam Karamo Touray (a matter your hero Sir Dawda talked appreciatively of in his brilliantly written  Kairaba) as my finest moment on the Bench. There were other politically explosive cases like IGP v Lamin Jobarteh, at the time just dismissed as Chief of Foni Bintang Karanai.  He was dragged before Brikama Magistrates Court charged with a crime he did not commit. I acquitted and discharged him, restored his life and dignity to him, but he nevertheless  later accepted other appointments from his persecutors. When you chanced on your fellow Foninka in post-Professor Gambia, ask him about his impressions of the Magistrate who, with the guidance and grace of God, restored his dignity.

In a recent CSAG statement, the 'umbrella' civil society group highlighted the horrendous phenomenon of long incarceration at Mile 2 without trial. CSAG rightly highlighted a major issue I had the opportunity to pronounce on as Senior Magistrate at Brikama. Considering its proximity to Cassamance, and Banjul International Airport, Brikama deals with the overwhelming number of drug cases in The Gambia. When I took over, almost all drug defendants were on remand, some for over three years! I set aside a date to deal exclusively with long standing drug cases and instructed prison authorities to make all affected defendants available. Luckily, the prison authorities obliged!

Upon examination, the prosecutors, and NDEA officers attached to Brikama, revealed that drug samples were missing, and analytical reports could not be obtained in many of the cases. Still, human beings were left in prison against the clear dictate of the law as laid down by the Gambia Court of Appeal (GCA)l. According to GCA, even where an accused confessed to possession or smuggling, s/he cannot be  convicted without a chemical analysis report confirming conclusively that the substance at issue was indeed an unlawful drug. Clearly, remanded prisoners whose cases were affected by the GCA ruling did not belong in prison. 

At the end of that momentous day, I acquitted and discharged 17 remand prisoners of different nationalities through a combination of the GCA ruling and a provision in the Criminal Procedure Code allowing a Magistrate to terminate proceedings in matters wanting prosecution.  Old men broke down in Court and cried like little babies. Even lawyers for some of the accused were visibly overwhelmed, never believing a Magistrate could have such audacity. The IGP reported me to Chief Justice Alkhali but he agreed I acted within the law. This was in 1999, and our very own Dr Baba Galleh Jallow published the story as gathered by his reporters present in Court that day.  In the accused, I saw my parents, my siblings, my children. I separated power according to the Constitution and judicial doctrine and acted my conscience. May God kill me before I ever have the opportunity to use public power to hurt an innocent human being! Or to be so enamored of public power
 as to close my eyes to the kind of injustice Dr Janneh and Dr Jobe ignored as inconsequential.

As Executive appointees, no Cabinet Minister could dare do this, and so I do not think comparing my tenure as Magistrate, in a 'separate' , if artificially, branch of government, with Dr Janneh, Dr Jobe, and Buba Baldeh is fair. Dr Janneh's record is clear. Now to Dr Sedat Jobe. He ostensibly resigned over the Professor's attachment of the status of persona non grata to the Deputy British High Commissioner in The Gambia. The Diplomat was expelled, and Dr Sedat Jobe's protest over this matter was advanced as the alleged cause of his departure from the Cabinet. As one of the leading and most powerful countries in the world, the United Kingdom does not need Dr Jobe to fight its corner.  A major question mark therefore hangs over the issue of whether Dr Jobe resigned or was fired

Assuming Dr Sedat Jobe resigned  out of outrage at the Professor's conduct, would you not say his conduct would have been more commendable if he resigned in protest over the massacre of Gambia school children in April 2000? This would have been the noblest way to part company with the Professor.

As you are yet to read Pa Nderry's book, I refer you to Chapter One dealing with different issues, including the factual circumstances of a matter that highlighted the shortcomings of Dr Sedat Jobe in the area of judicial independence and due process of law. Again, Pa Nderry dealt with the factual circumstances on the violent and fatal clash between APRC and UDP supporters "in the Basse area", and did not mention Dr Sedat Jobe. "The political violence led to the killing of an APRC driver, one Alieu Njie", Borry Touray granted Ousanou bail and ended up parting company with the Judiciary. I vividly recall Sedat Jobe's trenchant objection to Ousainou's bail arguing that murder defendants are not granted bail any where in the world. Although he was left to deal with the diplomatic fallout as Foreign Minister, Dr Jobe was wrong to say Ousainou was not entitled to bail. This was not his area of Cabinet responsibility and he should have steered clear of the
 legal wrangle over bail. If you do an electronic search online, you may come across Dr Jobe's rather unfortunate articulation of Ousainou's ineligibility for bail over an allegation he could not have committed. 

When Dr Jobe joined the Cabinet, it was clear to every right thinking person that the Professor was presiding over a dictatorship.  When Dr Janneh joined, the question of dictatorship was conclusively settled. I was nevertheless quite touched when I listened to Dr Jobe's brief phone chat  with Pa  Nderry Tuesday afternoon. I am happy to collaborate with Dr Jobe, Dr Janneh, and the other "turn coat", Buba Baldeh, but I will keep a watchful eye on all three of them. 

As we are dealing with matters of life and death, no sentimentalism from this end.

Will store you bullet for now!

Regards




LJDarbo




________________________________
 From: Y Jallow <[log in to unmask]>
To: [log in to unmask] 
Sent: Wednesday, 5 December 2012, 18:26
Subject: Re: [G_L] [>-<] Interesting times in Gambia....
 

 
 
Dr. Jallow & bro Karim,
 
Thanks for your observations. It is very interesting to see how things are unfolding. I think the conclusion is long gone that Jammeh needs to be picked up, for the interest of the Gambia we all love and cherish. 
 
Just a question I have in mind: So we agree then it is quite ok to have key players in our struggle from those that served in both Jammeh's and Jawara Government? Buba Michael Baldeh was PPP's former minister who also served as both editor and one time insider somewhat. Dr. Sedat Jobe also served as foreign minister and later submitted resignation after a certain diplomat was given personal non-grata. A friend of mine here in NY informed me that Dr. Sedat Jobe supported the Government during April 10th and 11th. Our great doctor under rough scrutiny also served as has been exposed. Our own Baba Galleh (excuse me for referencing your name Baba) also helped during the review of the constitution and came up with recommendations that I understand where later butchered to what these misfits wanted to have. LJD served as magistrate at some point and we can give him a plus on the Brikama mosque case (The State Vs. Waa/Karamo Touray et al). Folks, where I
 am getting at here, and I am not trying to justify anything, but there is a pressing need to wholly unite around a common purpose to defeat the enemy and his forces. 
 
What it perhaps boils down to is that we need to be tactical in winning against the evil forces. If we say all those that somewhat served Jammeh and Jawara shouldn’t be part of what we do, then I am afraid that our number will be very small. I understand fully those that are very critical against some of these opportunists. For once I am as always ever ready to take the naive card, as in my view politics is nothing but a 'big brother' association. 
 
On a humorous note, If I ever decide to be a Gambian politician, I will for sure establish tens of websites/forums and hire people who will defend me at all cost…because the way I see some of these things being run, it is scary. 
 
Best guys, and healthy debate guys….bro Karim, take it easy on your loved ones Joe and LJD. We shouldn’t let our tempers swallow us in these debates that won’t fill our stomachs like my dad used to put it when I was young. 
 
Best regards,
Yero
 


________________________________
 From: [log in to unmask]
To: [log in to unmask]
Subject: RE: [>-<] Interesting times in Gambia....
Date: Wed, 5 Dec 2012 16:21:56 +0000

 
Dr Sidat Jobe, Dr Amadou Janneh, Buba Baldeh, Lisa Sherman Nicholas today held a press congress in Dakar about the new wave of illegal arrest of our citizens. Keep it up guys. 
Baba  we all have to be focus if we are to make impact. Jammeh as you stated have insulted our collective national dignity and fighting that those not need betting and setting standard, Lot of the Guys in Dakar today have one way or another serve the regime but come to their sense that enough is enough!


________________________________
 From: [log in to unmask]
To: [log in to unmask]; [log in to unmask]; [log in to unmask]
Subject: RE: [>-<] Interesting times in Gambia....
Date: Wed, 5 Dec 2012 05:56:43 -0800

 
I certainly agree with Dr. Jobe. Yahya Jammeh should be arrested and made to pay for his crimes against the Gambian people. That would set an example to any potential despot that they will have to answer to the Gambian people should they decide to abuse their power in any way, shape and form. It is encouraging to feel that in a post-Jammeh Gambia, the people stand ready to assume their rightful authority over the state. Jammeh has nsulted our co;llective national dignity for too long and it is high time that his abuses are brought to the drastic end they deserve. God bless The Gambia.
 
Baba
 


________________________________
 From: [log in to unmask]
To: [log in to unmask]; [log in to unmask]; [log in to unmask]
Subject: [>-<] Interesting times in Gambia....
Date: Wed, 5 Dec 2012 06:26:35 -0600

 
Interesting times in Gambia....
 
http://www.freedomnewspaper.com/Homepage/tabid/36/mid/367/newsid367/8191/FORMER-GAMBIAN-FOREIGN-MINISTER-DR-SIDAT-JOBE-WANTS-HIS-EX-BOSS-YAHYA-JAMMEH-ARRESTED-BY-THE-ARMY/Default.aspx
 
Folks,
 
Interesting times....
 
 
Best regards,
Yero
 
 

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