Thanx Mr. T for the update on your friend Kanyibaa. It is sad why the state would burden themselves with the continued life and health of Kanyibaa when the elections whose participation by Kanyibaa was meant to be prevented, was long over. Haruna. God/Allah is with Kanyibaa. I am confident he will accrue Yahya's considrations for propriety as to Kanyibaa. -----Original Message----- From: Muhammed Lamin Touray <[log in to unmask]> To: [log in to unmask] Sent: Thu, Aug 20, 2009 11:49 am Subject: FOROYAA Kanyiba’s Fate Hangs on Kanyiba’s Fate Hangs on Author: Fabakary B. Ceesay | Date: 19-08-09 | Topic: Burning Issues As Case File Sent Back to Chief Justice The protracted legal case involving the State and the family of Mr. Kanyiba Kanyi, allegedly arrested since 18th September, 2006, for the release of the latter from an unknown and unlawful detention, on Wednesday, 29 July, suffered a great setback, as the presiding judge decided to send the case file back to the Chief Justice’s Office to decide the fate of the case. The case has been in the courts since late 2006. When the case was called on Wednesday, 29th July, before Justice Joseph Wowo of the Banjul High Court, he ruled that the case file would be sent back to the office of the chief Justice, but instead did not advance any reasons as to why the new development has taken place. During the previous sitting on the matter, Mrs. Marley Wood, the State counsel, on behalf of the Director of Public prosecutions (DPP), asked the court for an adjournment to enable the DPP to submit his report to the court on the matter. Mrs. Wood said the DPP was indisposed. The matter was then adjourned to 29th July, for a report from the DPP. Kanyiba’s counsel Ousainou Darboe did not object to the DPP’s demands through counsel Wood. On Wednesday 29th July, the DPP was not in court. Justice Wowo decided to free himself from the case by sending the case file to the office of the Chief Justice to decide the fate of the case. Mr. Kanyiba Kanyi, a local employee of the Christian Children Fund (CCF), was said to have been arrested at his house in Bonto village, Kombo East, since 18th September, 2006. The family said he was picked up by security agents on board a taxi and could not be traced since then. The family said he was arrested right under their own noises. They added that his younger brother Wandifa Kanyi was also arrested later on, only to be released after spending a night at the serious Crime unit, Police headquarters in Banjul. The family took lawyer Ousainou Darboe and filed a “Habeas Corpus” against the State to produce him. The suit was specifically against the Attorney General, the IGP and the Director General of NIA to either release him from custody or to produce him before the court. On several sittings since late 2006, the state counsels would ask for time to reply to the matter. They did on several occasions told the court that they have w ritten to the concerned authorities and were yet to get any feed back from them. At some points, State counsels would say Kanyiba is not in State custody. Since 2006, Justice Wowo is the third judge to preside over the case. Justice Sanji Monageng once ruled that “Human beings cannot just disappear from the face of the earth like that”. She ordered that Kanyiba should be released. Justice Agyemang (Yamoa) also stated that the previous court ruling should be upheld and said, “It is disappointing that court orders are flouted like that by the State”. The State continued to deny any involvement up to the time Justice Wowo took over the case. Kanyiba’s Fate Hangs on Author: Fabakary B. Ceesay | Date: 19-08-09 | Topic: Burning Issues As Case File Sent Back to Chief Justice The protracted legal case involving the State and the family of Mr. Kanyiba Kanyi, allegedly arrested since 18th September, 2006, for the release of the latter from an unknown and unlawful detention, on Wednesday, 29 July, suffered a great setback, as the presiding judge decided to send the case file back to the Chief Justice’s Office to decide the fate of the case. The case has been in the courts since late 2006. When the case was called on Wednesday, 29th July, before Justice Joseph Wowo of the Banjul High Court, he ruled that the case file would be sent back to the office of the chief Justice, but instead did not advance any reasons as to why the new development has taken place. During the previous sitting on the matter, Mrs. Marley Wood, the State counsel, on behalf of the Director of Public prosecutions (DPP), asked the court for an adjournment to enable the DPP to submit his report to the court on the matter. Mrs. Wood said the DPP was indisposed. The matter was then adjourned to 29th July, for a report from the DPP. Kanyiba’s counsel Ousainou Darboe did not object to the DPP’s demands through counsel Wood. On Wednesday 29th July, the DPP was not in court. Justice Wowo decided to free himself from the case by sending the case file to the office of the Chief Justice to decide the fate of the case. Mr. Kanyiba Kanyi, a local employee of the Christian Children Fund (CCF), was said to have been arrested at his house in Bonto village, Kombo East, since 18th September, 2006. The family said he was picked up by security agents on board a taxi and could not be traced since then. The family said he was arrested right under their own noises. They added that his younger brother Wandifa Kanyi was also arrested later on, only to be released after spending a night at the serious Crime unit, Police headquarters in Banjul. The family took lawyer Ousainou Darboe and filed a “Habeas Corpus” against the State to produce him. The suit was specifically against the Attorney General, the IGP and the Director General of NIA to either release him from custody or to produce him before the court. On several sittings since20late 2006, the state counsels would ask for time to reply to the matter. They did on several occasions told the court that they have written to the concerned authorities and were yet to get any feed back from them. At some points, State counsels would say Kanyiba is not in State custody. Since 2006, Justice Wowo is the third judge to preside over the case. Justice Sanji Monageng once ruled that “Human beings cannot just disappear from the face of the earth like that”. She ordered that Kanyiba should be released. Justice Agyemang (Yamoa) also stated that the previous court ruling should be upheld and said, “It is disappointing that court orders are flouted like that by the State”. The State continued to deny any involvement up to the time Justice Wowo took over the case. This article comes from FOROYAA Online http://www.foroyaa.gm The URL for this story is: http://www.foroyaa.gm/modules/news/article.php?storyid=3146 To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]