"In view of the recent increase in the crime of murder and other violent
offences and in order to ensure that the public continues to be adequately
protected, that expressed public fears are allayed and that people are
prevented from taking the law into their own hands, the National Assembly
earlier this year enacted the Criminal Procedure Code (Amendment) Act, 2002.
"Under this amendment to Section 99 of the Criminal Procedure Code, all
persons charged with murder and other similar offences for which the penalty
is death or life imprisonment are not entitled to be granted bail unless
where the trial has been unreasonably delayed.
"This has been the legal position since February this year, and has since
then been applied in all cases of murder and similar offences to every
person so charged irrespective of the status of such person since everyone
is equal before the law, as provided for in the constitution," the release

concluded."

 

Can someone please explain this to me because i don't seem to understand. If the ammendments to Section 99 of the Criminal Procedure Code was done in February this year. How does that implies on people charged in June 2000? Can any lawyer or legal person explain this to me.

 

The Struggle Continues!!!

Ndey Jobarteh

 

 

>From: Malanding Jaiteh <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list <[log in to unmask]>
>To: [log in to unmask]
>Subject: What has become of us?
>Date: Wed, 27 Nov 2002 10:53:19 -0500
>
>Folks,
>I hate to be personal but I can't understand how Joseph Joof would allow
>himself to stoop this low. What is it worth?
>
>It is one thing for that bunch in name of our National Assembly to come up
>with any nonsense and call it law for "we know they do not know what life is
>really worth" (Bob Marley). But for the likes of Joseph Joof to willingly
>participate in this travesty is not only disservice to the Gambia (as the
>country's chief legal adviser) but unethical as a schooled lawyer.
>
>What happened to common sense, justice and fair play Bishop Cleary (formerly
>Father Cleary) worked so hard to instill in us? What can we say when in
>2021 another bunch of idiots come up with similarly obnoxious amendments
>making it treason to have participated in Yahya Jammeh's government between
>1993 and 2020? Do we standby while they drag you and the likes for not doing
>enough to call injustice what it deserves to be called? I say sham on us!
>
>Malanding Jaiteh
>
>
>
>Gov't Clarifies, UDP Reacts Following Arrest Of Darboe & Co.
>
>
>The Daily Observer (Banjul)
>
>November 26, 2002
>Posted to the web November 26, 2002
>
>Alieu Badara Ceesay
>Banjul
>
>In the wake of speculations following the arrest of UDP's Ousainou Darboe
>Friday, the Attorney General's Chambers has issued a press release to
>clarify and put things in the right context. This is the text of the press
>release: "We issue this press release to clarify the present legal position
>with regard to persons charged with murder and other similar offences for
>which the penalty is death or life imprisonment.
>
>"In view of the recent increase in the crime of murder and other violent
>offences and in order to ensure that the public continues to be adequately
>protected, that expressed public fears are allayed and that people are
>prevented from taking the law into their own hands, the National Assembly
>earlier this year enacted the Criminal Procedure Code (Amendment) Act, 2002.
>
>"Under this amendment to Section 99 of the Criminal Procedure Code, all
>persons charged with murder and other similar offences for which the penalty
>is death or life imprisonment are not entitled to be granted bail unless
>where the trial has been unreasonably delayed.
>
>"This has been the legal position since February this year, and has since
>then been applied in all cases of murder and similar offences to every
>person so charged irrespective of the status of such person since everyone
>is equal before the law, as provided for in the constitution," the release
>concluded.
>
>Meanwhile, at a hastily arranged press conference in Banjul, Saturday, the
>UDP has denounced the arrest of its leader and others. Mr Darboe was picked
>up along with his deputy Yaya Jallow, youth president Shyngle Nyassi and
>Lang Marong. They are in detention in various police stations.
>
>The UDP legal secretary, Mariam Denton, said the arrest was unconstitutional
>because "they have not been told up to date the reason for their arrest and
>subsequent detention." She said their lawyers "are working on modalities to
>seek court action to get them released without further delay." Asked if the
>arrests are related to Tuesday's Court of Appeal ruling which set aside a
>bail granted to them by the High Court, Mrs Denton responded, "the court had
>held that the originating sermons is still pending and shall be heard by the
>court..." She said the director of public prosecution had assured the Court
>of Appeal that Darboe and others would not suffer any negative consequences
>as a result of its judgement.
>
>Meanwhile, sources have clarified that Baba Drammeh who is in Dakar, Senegal
>and Rewane Secka, Mr Darboe's bodyguard, have not been arrested.
>
>Both men are among those charged with the murder of Alieu Njie, an APRC
>supporter, in June 2000 in Basse.
>
>
>
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