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
>>
>> -------------------------------------------------------------------------
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>>
>> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
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>>
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