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Kabir,
The following is written by a friend/boka Loho member. Can you help to post
it on Gambia L etc?
Annika
Why is the Gambian prosecuting authority opposing the right to appeal a
magistrates ruling to the high court, as in the Dumo Sarho case? Is it
necessary to keep anyone without trial for five months?
1. A motion about the right to appeal was heard in the high court under the
highly respected judge Kabalata on the 12 October 2000. The general public
prosecuting authority was not present and after a delay sent a message,
they will not be present. The judge Kabalata granted the right to appeal.
Consequently the appeal was filed in High Court the following week, BUT
before any date for the hearing of the appeal was set:
2. The General Public Prosecutor (GPP), recently brought from Nigeria,
protested against the judge Kabalatas ruling and in a hearing on 16
November the prosecutor stated that he was not informed about the earlier
hearing, but the court registrar told otherwise. For two hours the GPP
argued against the right for the accused Mr. Sarho to appeal by referring
to several court rules in Nigeria and elsewhere, more or less irrelevant to
the actual case. Mr. Sarhos lawyer, A.M.Tambadou talked for 38 minutes
stressing the right for anyone including Mr. Sarho to appeal to the high
court. The GPP asked for more time to be able to prepare his response to
lawyer Tambadous arguments and Judge Kabalata ajourned the hearing until
November 21st.
3. On 21 November the GPP sent another prosecutor with a message to judge
Kabalata accusing him for being bias and siding the defendant and therefore
again refused to appear in the high court. He said the defendants lawyer
had been given priority/more attention in the court.
Judge Kabalata again had to postpone the session.
4. On 29 November the prosecutor for 50 minutes continued to oppose the
right to appeal, again referring to new court-rules in Nigeria and
elsewhere. Mr. Sarhos lawyer in a 4 minutes speech defended the right to
appeal by referring to the earlier court records from Nov 16th.
With this new material added, Judge Kabalata again was not able to rule in
the case and gave 14 December as a new date.
The prosecuting authority has a vital function in the legislative system of
The Gambia. Activities undertaken in the referred case at the high court
clearly undermines the legislative system of The Gambia
Refusing to attend in high court as well as using delaying tactics by the
prosecuting authority is a obstruction of the legislative body and is
absolutely NOT tolerable in a democratic country as The Gambia is striving
for. The Attorney General is responsible for the public prosecuting
authority and as such he immediatly should act to give adequate guidelines
to his staff as well as explain the reasons for the authorities'
misbehavior .
The right to appeal is internationally regarded as a part of a functioning
legal system which the prosecuting authority has to accept and shall
welcome. Furthermore, the legal system should not be used as a tumble
ground for hidden political agendas. A fair legislative system as granted
in the constitution is a protection of the rights of the Gambian people.
Fallou Faye
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