Omar
I never heard where an accused's bail had to be
revoked for failing to provide a Legal Counsel. I
think Justice Paul has made a mockery of himself. I
doubt whether he is aware that the right to a legal
counsel is not mandatory. Therefore, the absence of
Borry Touray in the trial should not be seen as a case
to revoke someone's bail. Bail is a different issue
and the Trial Judge has acted unreasonably!
Sanusi
--- omar joof <[log in to unmask]> wrote: > Sister
Jabou,
> We are still in touch with the people on the ground.
> Waa's remark in court
> today was to the effect that NDAM has an
> understanding with Borry Touray for
> his legal representation. Some of us are also aware
> of the newspaper article
> which made reference to Borry's withdrawal from the
> case. However at the
> moment, I can only say that NDAM has not been
> officially informed to that
> effect. In fact our understanding is that Waa would
> be in court again
> tomorrow with Borry Touray.
> Have a good night.
> Omar Joof.
>
> >From: Jabou Joh <[log in to unmask]>
> >Reply-To: The Gambia and related-issues mailing
> list
> ><[log in to unmask]>
> >To: [log in to unmask]
> >Subject: Re: Lamin Waa Juwara's Bail Revoked/Omar
> >Date: Thu, 11 Dec 2003 21:28:27 EST
> >
> >Omar Joof,
> >
> >I read here yeaterday that Borry Touray resigned
> from the case because the
> >way he was being treated in court by the judge led
> him to believe that he
> >would
> >not be allowed to represent his client properly.
> >In an article from the Gambiapost newspaper that
> someone sent me, it was
> >reported that Waa's lawyer petitioned for the case
> to go to another judge
> >which
> >implies that Borry Touray is still on the case?
> However, Waa said in counrt
> >today that he came to court without a lawyer
> because NDAM has a stipulation
> >that
> >only Borry Touray can defend him and he could nto
> find another lawyer. It
> >would
> >appear that Borry Touray did resign from the case
> from thsi statement and
> >this stipulation of NDAM's just gave these people
> the opportunity to revoke
> >Waa's
> >bail.
> >Your post just mentions that the lawyer has
> requested that the judge be
> >replaced without stating which lawyer.
> >Why would Borry Touray resign knowing that there
> was a stipulation that
> >only
> >he can defend Waa Juwara even in the face of his
> allegations of
> >mistreatment
> >by the Judge?
> >That very fact should have encouraged him to stay
> on the case and use the
> >case file to document the injustice that ensues
> from the trial which would
> >have
> >been very useful as evidence of the injustice that
> reigns in the Gambian
> >halls
> >of justice these days where it is clear that the
> state has taken over the
> >role
> >of the judiciary.
> >This is all very confusing.
> >
> >Jabou Joh
> >
> >
> >n a message dated 12/11/03 1:59:54 PM Central
> Standard Time,
> >[log in to unmask] writes:
> > >
> > > Fellow Gambians and Friends of The Gambia,
> > > I have been instructed by my colleagues to
> inform you that Lamin Waa
> > > Juwara's bail has been revoked and he has since
> been returned to Mile 2
> > > maximum security prisons in Banjul. We are
> enraged by this unnecessary
> > > decision by the authorities, particularly inview
> of the fact that Waa is
> > > already scheduled to reappear in court tomorrow.
> We are aware that Mr
> >Juwara
> > > fully intends to make himself available in court
> tomorrow, and puting
> >him in
> > > custody at this juncture is rather draconian and
> constitutes an
> >outrageous
> > > travesty of his rights to bail.
> > > However, we are confident of his innocence of
> the charges brought
> >against
> > > him, and if subjected to a free and fair trial,
> he will be proven so.
> >But
> > > the present turn of events is a source of
> concern to us considering the
> >fact
> > > that Waa's lawyer has already sent a petition to
> the Chief Justice
> > > requesting for the case to be given to another
> Judge. The latest
> >development
> > > is therefore unfortunate and provocative.
> > > We thank you all for your solidarity.
> > > Omar Joof.
> >
>
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