Aji,
It seems you are missing my point. I said that I am not trying to justify the despatch with which Mr. Jallow was tried and sentenced. That cannot be defended!
What I am trying say is that government must look in the phenomenon of drunken driving which is very widespread at home. I am sure you yourself have given the issue a thought at one time or another. I said that the phenomenon has bothered me for some time and that it is time government take a look at the issue. Please go back and read my posting more calmly and you will see that I am not trying to justify trying a drunk person. They don't do that even in Russia.
Regards
Kabir.
> Dear Mr Njie,
>
> I share your passion on this subject but the issue is not about big men
> parking their cars outside bars whilst they booze. This is about punishing
> properly when they commit crimes which involves drunk driving. Two wrongs do
> not make a right. Obviously when you try and convict someone whilst he was
> not in a state to be tried, not matter how guilty he or she is, the decision
> can be appealed against and because of that minor factor, the appeal may be
> allowed and the decision overturn. What then would that say for justice!
> What about the innocent victims and about the accused himself. How would he
> be made to understand and appreciate the nature of the crime he has
> committed.
>
> NO! No! I am totally against getting scapegoats. I am totally against the
> trial of individuals who were not fit for trial for want of a convict. It
> would not serve any purpose. How would it affect the deterrence principle?
>
> aji
> -----Original Message-----
> From: Amadu Kabir Njie <[log in to unmask]>
> To: [log in to unmask] <[log in to unmask]>
> Date: Sunday, September 26, 1999 10:04
> Subject: Re: Question????
>
>
> >Hello everyone who's in on this,
> >
> >I just felt that I had to jump in on this one for, it just happens that
> drunken driving in The Gambia is an issue that has bothered me for quite a
> while. Even though the point of discussion here is the validity of trying
> somebody in a state of drunkenness, I feel that we must widen the scope of
> the debate to include drunken driving itself.
> >
> >It is a very common sight at home to see 'big men' with their cars parked
> outside bars whiles they booze and this is a phenomenon that has been going
> on for quite a while. I think that government should come down hard on these
> drunkards who put the lives of innocent people at risk by their careless
> behaviour.
> >
> >I am not trying to justify the dispatch with which Abdoulie Jallow was
> tried and sentenced but rather that government should make it understood by
> examples that such disregard for the security of innocent citizens shall not
> be tolerated. This however, presupposes a disciplined police force that will
> carry out its duties without fear or favour.
> >
> >Regards.
> >
> >Kabir.
> >
> >
> >----- Original Message -----
> >From: Aji Joof <[log in to unmask]>
> >
> >> 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
> >>
> >> -------------------------------------------------------------------------
> ---
> >>
> >> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
> >> Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
> >>
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> ---
> >>
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