The conviction and sentencing of Mr Peters are not only harsh but also
perverse on the facts of the case. He was not even charged for holding a
rally without permit which is what the case was all about, but controlling a
procession and use of a loud speaker. He may have signed the UDP permit
application for a rally but he is in no way connected to a procession. No
evidence was adduced in court to suggest that he had used a loudspeaker.
Therefore, the elements of the crimes have not been proven beyond reasonable
doubt.

I find it laughable for the prosecution to have said that not all the
elements of the crime has to be proven beyond reasonable doubt, and also
that a procession and rally are the same. God knows where he got that from.
In a criminal case, all the elements of the crime must be proven beyond
reasonable doubt before a conviction can be secured. This is not just a
common law standard but also an international standard. It looks like none
of that mattered to the presiding Nigerian magistrate.

 I saw this perverse verdict coming when the magistrate started to disregard
the basic tenets of fair hearing such as the right to adequate legal
representation and the observance of procedural rules and conventions. Mr
Peters was forced to enter his defence without his lawyer. In the end he was
hopeless and decided to rest his case.


 The magistrate’s refusal to stay proceedings while the case is being heard
at a superior court is also against judicial conventions.

I think Mr Peters was only seen as a soft target.  Otherwise, why didn’t
they charge Ousainu Darboe. He is the leader of the party and had even used
a louder speaker to address the rally. They didn't choose Mr Darboe because
they know that will put them in the spotlight of the international
community.

I urge every Gambian and friends of the Gambia to condemn this
judicial charade in the strongest possible terms.

Thanks



Daffeh



Executive Member

UDP-UK

On 1 April 2010 16:03, suntou touray <[log in to unmask]> wrote:

> UDP Executive members at the Magistrate court indeed confirmed that, the
> errand boy Nigerian hustler have sentenced Femi Peters to one imprison for
> using a loud speaker and D10,000 fine for unlawful gathering.
> This sick Magistrate who careless about Gambia's democracy have given the
> tyrant another avenue to pardon Peters on compassionate grounds. We all know
> Yahay is playing prank, all he would do is just like he did with the Seven
> Journalist brothers.
> The sad President enjoy doing God. UDP will appeal, but as usual, he will
> release Peters before such date on false compassionate grounds.
> We will plan to stage a demonstration at the Nigerian embassy, in
> association with Liberal parties in London very soon.
> The world have to know about this disgraceful Nigerians
> Suntou
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