Joe

South Africa's rectification process continues, and yes, economic ability, i.e., mainly black-white divide, remains quite a significant factor in many issues South African. Of course I am in complete agreement with your assertion that "Gambians must no break their lunch for a heavy heart" for Mamburay.

In the instant case, my query is limited to whether a D15 million bail in circumstances where no charge was preferred accords with the reasonableness standard of the 1997 Constitution. Mamburay's is part of a long line of cases and I think the issue of bail must go higher up the judicial chain of command for a clarification of the constitutional expectations.

Who is representing Mamburay and his ilk when they got into trouble? The dynamic Lamin Camara of course, but I am in no doubt they kept him at a distance when all was going well for them. This means no government briefs for him because he would have been regarded as a troublemaker. Where are the lawyers they used to patronise with government briefs? Like some family and friends, they are seeking greener pastures elsewhere as, in their calculations, Mamburay's useful life in our public space is effectively over. They reckoned without considering the 'comeback' syndrome!

Although I have no political sympathies for Mamburay and his ilk, I'd be more than happy to offer him  the best possible representation before a criminal court if my services are required by people similarly situated, including of course ......  What do you think?



LJDarbo 


 



From: Joe Joe <[log in to unmask]>
To: [log in to unmask]
Sent: Saturday, 23 February 2013, 0:53
Subject: Re: [G_L] BAIL IN GAMBIA AND SOUTH AFRICA

Lamin, a good contrast indeed. In SA they have a functioning Judiaciary but that has not always been the case, other wise Apartheid would not have lasted that long. The Boers dictated who went in and who stayed out. Post Apartheid, I will say that their Judiaciary is functioning for the "West" insisted that, that be the case to support the survival of the whites. So, the bail of 73,000 pounds I presume is according to precedent and the rest of the world is watching. Now, I am certain that if he was black and poor without a high flying legal team that he would have ate breakfast at home. It is not yet a color and class blind society.

In Gambia, a different beast in its own right, that is not the case. The Judiciary is not functional and one man and one man alone rules - Yaya. He says you stay and you not only stay but the enablers will intepret that you rot in there. So, if Yaya dictates D15,000,000 then that it will be. Remember Hassan Touray of Pristine? When the original bail amount was easily tendered, it got jerked up. For what its worth, that is why America and its claims of democracy, loves to deal with Dictators - they are One Stop Shop, all you cand carry.

Now transitioning to Mamburay. As an associate of Yaya for a long while, he has seen many people in his current shoes and some rotted or died in jail. Did he feel their pain? Did he stand up to defend their rights? Did he protest the many murders, abductions, mutilations, ect.? Did he quit in protest? Injustice by Yaya on Gambians did not just start when Mamburay was in jail, oh no. Our people lived with it the last 18 years and he was aware of it, yet he continued to collect a pay check. Now that he is in, must Gambians break their lunch for a heavy heart? A people that take the daily bread so serious that not even the murder of their loved one will stop a family from seeking benovelence (crumbs) from their murderer - Yaya. I don't think so. I have noticed a pattern with our folks. Mambaray being a likeable guy as a youngster and may be ran the streets with some in Banjul and Sere Kunda, folks tend to paint a rosy picture of him and even go to the extent of absolving him of anything that is wrong with Yaya and his gang. Folks, Mamburay is not a worthier son than Chief Manneh, the students, and the countless that perished in the hands of his former friend. Yes, an injustice to one Gambian is an injustice to all Gambians. As they say, Mamburay warronaa soraleh neh besam di nah nyow. He also knew that if his friend took him in all will be about their business, Com Nagne Kor Dan Defeh Rek Bam Nekeh Chi Kerr You Baaxhi, as Ndoe Secka used to quib.

Disclosure - Do I know Mamburay? Without a doubt. We played soccer together and against each other and I know the family very well and it pains me like many Gambians to see his rights abused. However, others rights were abused too when he was in a position to have the ear of their Abuser. Did he do anything about the countless things that happened while he was there? It is an irony that Imam Baba Leigh's brother hung with Mamburay and today the brother lost both a brother and a friend at the hands of a common abuser - Yaya. No one could have predicted that in the lives of these people. Life does not owe any of us zilch. Things are temporal. Will Mamburay's faith persuade others behind to wake up, not a fat chance. As we speak, Uncle Nana (to some) have stepped up his game on the brownies. Lamin, this is between friends - Yaya and Mamburay and am sure Kelifa Yhi are doing their rounds scheming a baalou ceremony. What else is going on that we need to talk about?

Joe     


Date: Fri, 22 Feb 2013 20:33:10 +0000
From: [log in to unmask]
Subject: [G_L] BAIL IN GAMBIA AND SOUTH AFRICA
To: [log in to unmask]

OSCAR PISTORIOUS                    South African

     South African sports icon
     killed a human being
     charged with premeditated murder
     BAIL SET AT Sterling £73,000 (estimated)



MAMBURAY NJIE                          Gambian
      Cabinet Minister / senior civil servant   (until recently)
      allegations unknown/unspecified/speculative
      charged with no offence
      BAIL SET AT Sterling £300,000 (estimated)


Any suggestions/reactions on the bail regime in The Gambia?




LJDarbo
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