I would like to hear PDOIS position on this attack on the opposition. Mori Kebba Jammeh ----- Original Message ----- From: foroyaa <[log in to unmask]> To: <[log in to unmask]> Sent: Wednesday, June 21, 2000 4:02 PM Subject: THE UDP LEADER AND 24 OTHERS > THE UDP LEADER AND 24 OTHERS APPEAR BEFORE MAGISTRATE BORRI TOURAY IN BASSE > While High Court Grants Bail > > Twenty five persons who are charged under section 187 of the Criminal Code > for murder in relation to the death of Alieu Njie appeared before Magistrate > Borri Touray to apply for bail. > > They are Ousainou Darboe, Abou Karamba Gassama, Majanko Samusa, Mbemba > Tambedou, Dembo Bojang, Madi Ceesay, Yaya Jallow, Lansana Jobarteh, Lang > Marong, Lamin Sey, Sainey Jadama, Kebba Fatty, Yusupha Cham, Adama Jallow, > Sarjo Kunyang Sanneh, Fatou Darboe, Baba Drammeh, Lamin Cham, Mboge > Saidykhan, Alhajie Eliman M.L. Bah, Shyngle Nyassi; Dembo Karang Nyima > Bojang, Dodou Sanneh, Amadou Sanneh, and Rilwan Secka. > > A police officer, Sarjo Trawalley, explained the circumstances of the case > to the magistrate. According to him, the State does not have the right to > detain the accused for over 72 hours; that in that regard, they had to come > before the magistrate court to apply for their remanding in custody pending > their appearance in court; that bail should be granted only by the High > Court; that they would therefore want the magistrate court to act with > regards to the remanding of the accused so that they will be taken to the > High Court. > > Arguing on behalf of the accused persons, Mr Ousainou Darboe, leader of the > UDP, indicated that he and the members of his entourage have not had access > to a legal practitioner which is a constitutional right; that they also have > the right to be represented since the State was being represented; that he > was not exercising the privilege of being a barrister because he was facing > a murder charge. > > He reminded the court that the objective of bringing them before the court > is to secure a remand warrant because, according to Sergeant Trawalley they > do not want to violate the 72 hours period provided for in the Constitution. > He said he did not want to say anything about the 72 hour period, but that > the Gambian and international community will be the best judge of the > judicial order. > > He argued that the courts have their jurisdictions and would want the > appropriate thing to be done. > > The ruling of the magistrate is as follows: > > 1. That the matter be transferred to the High Court for a proper decision to > be taken on the issue of bail. > 2. That the accused persons be escorted to Banjul (Wednesday, 21 June 2000) > by the Commanding Officer of Basse Police; > 3. That the file be transferred to the Chief Justice in pursuance of the > order; > 4. That the accused person be detained at the Banjul Police Headquarters > overnight, and that the detention is to last for 24 hours; > 5. That under no circumstances should the accused person be remanded unless > the High Court so authorizes. > > BAIL GRANTED BY HIGH COURT > > At the time magistrate Borri Touray was making his ruling, another > application was being heard by Justice Kabalata. The affidavit was sworn by > Femi Peters, and a group of lawyers comprising Mr Antouman Gaye, Mr Ousman > Sillah, Mrs Mariama Denton, Mrs R. Mendy and Ms Joof were there at the > beginning. Ms Ida Drammeh, Mr Bola Carrol and Mrs Amie Bensouda came in > later. > Mrs Rugi Thomasi, Ms Salawada and Mr Hydara appeared for the State. > > Mr Gaye, leading the counsels, indicated that the State has not submitted > any opposition to the affidavit sworn in by Femi Peters which originated on > the grounds of seeking bail under section 19 of the Constitution and section > 99 of the Criminal Procedure Code. > > Mr Gaye dealt with the various paragraphs of the affidavit. He pointed out > that Mr Peters did question why an escort to the police station that started > as protective custody turned out to be an arrest and detention. He dealt > with the question of 72 hours detention and the issue as to whether a murder > charge is bailable or not in The Gambia. > > He concluded by asserting that murder charge is bailable in The Gambia; that > the 72 hours have lapsed since they were under detention since the 18 June, > and that Mr Darboe who has been practising law for 30 years with two wives > and children would not abscond. He also referred to Dembo Bojang and Abou > Karamba Gassama as National Assembly members; that Yaya Jallow was a former > Permanent Secretary and Amadou Sanneh was a former Accountant General; that > all these people have families and homes and are too responsible to abscond. > He, therefore, applied for bail to be granted. > > In her reply, Mrs Thomasi indicated that they received the application on 21 > June; that the matter was before magistrate Borri Touray in Basse in terms > of the question of remanding the accused; that the Attorney General's > Chambers is not aware of the developments in Basse; that time should be > given for the magistrate to determine what to do. > > Before she continued with her argument, a message came from the Attorney > General's Chambers which led Mrs Thomasi to inform the court that Magistrate > Borri Touray had in fact referred the case to the High Court. > > She cited subsections of section 19 of the Constitution and submitted that > the 72 hours period have not lapsed and that granting bail was still > premature. > > Mr Gaye's reply was that what was indicated in Mr Peters' affidavit stood > uncontested. > > Justice Kabalata ruled that considering section 19 of the Constitution and > section 99 of the Criminal Procedure Code, and as sworn by Femi Peters in > his affidavit, and the fact that there was no opposition to the application; > arguing that murder cases are bailable offences in The Gambia, and that the > applicants are people with responsibilities, he granted them bail of > D1000.00 (one thousand dalasis) with three sureties who are Gambians. > > As we went to press, we have gathered that the 25 accused persons have > boarded vehicles belonging to the State and are being guarded by the > National Guard and have left Basse and are heading towards Banjul. The other > members of the UDP entourage and the vehicles were still in Basse up to 7.30 > p.m. Wednesday, 21 June 2000. We will inquire about their fate in the > morning should we discover that they are still in Basse. > > -------------------------------------------------------------------------- -- > > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > -------------------------------------------------------------------------- -- > ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------