Borry Touray Challenges AG's Chambers Daily Observer (Banjul) August 27, 2000 Ousman Darboe Banjul The former magistrate of Basse, Borry S Touray has challenged the Attorney General's chambers to appeal against his ruling on the murder case of UDP leader Ousainou Darboe and co. "if they are not satisfied rather than casting aspersions." Speaking to Sunday Observer Friday, Mr Touray said "magistrates should know therights they have to remand people charged with capital offences who have been brought before them," adding that he only intends to put the records straight. Borry Touray argued "the law of this land states that bail is a matter of right even in capital offences. In capital offences, magistrate courts don't have the jurisdiction to grant bail and equally cannot hear murder cases." He invoked relevant sections of the criminal procedure code including section 62 (1) 99 sub-section (3). Mr. Touray said the attorney general's argument regarding his dismissal are out of context. He said "the procedure to address mistakes if they ever exist is by appeal and not by termination and dismissal. It is trite law that vested right must not be trampled upon." He said his ruling was just a decision and that he challenges the Attorney General to prove the contrary. "I refused solemnly before, now and in future anybody using my hand to do injustice," he declared. Mr. Touray intimated that the judiciary is an independent institution and that it has a self regulatory mechanism by constitutional provision competent enough to handle any problem. He further queried that if mistakes were to be addressed by termination and dismissals, "this noble institution would be faced with extinction and its independence, dignity and the confidence the general public has in it will wither away." He said because of the level of discipline and training he has, he would not want to engage anybody in personal rows. "I was only discharging a legal duty faithfully to the best of my knowledge and ability and to the dictates of my conscience and in accordance with the law," he stressed. ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html You may also send subscription requests to [log in to unmask] if you have problems accessing the web interface ----------------------------------------------------------------------------