Aji, It seems you are missing my point. I said that I am not trying to justify the despatch with which Mr. Jallow was tried and sentenced. That cannot be defended! What I am trying say is that government must look in the phenomenon of drunken driving which is very widespread at home. I am sure you yourself have given the issue a thought at one time or another. I said that the phenomenon has bothered me for some time and that it is time government take a look at the issue. Please go back and read my posting more calmly and you will see that I am not trying to justify trying a drunk person. They don't do that even in Russia. Regards Kabir. > Dear Mr Njie, > > I share your passion on this subject but the issue is not about big men > parking their cars outside bars whilst they booze. This is about punishing > properly when they commit crimes which involves drunk driving. Two wrongs do > not make a right. Obviously when you try and convict someone whilst he was > not in a state to be tried, not matter how guilty he or she is, the decision > can be appealed against and because of that minor factor, the appeal may be > allowed and the decision overturn. What then would that say for justice! > What about the innocent victims and about the accused himself. How would he > be made to understand and appreciate the nature of the crime he has > committed. > > NO! No! I am totally against getting scapegoats. I am totally against the > trial of individuals who were not fit for trial for want of a convict. It > would not serve any purpose. How would it affect the deterrence principle? > > aji > -----Original Message----- > From: Amadu Kabir Njie <[log in to unmask]> > To: [log in to unmask] <[log in to unmask]> > Date: Sunday, September 26, 1999 10:04 > Subject: Re: Question???? > > > >Hello everyone who's in on this, > > > >I just felt that I had to jump in on this one for, it just happens that > drunken driving in The Gambia is an issue that has bothered me for quite a > while. Even though the point of discussion here is the validity of trying > somebody in a state of drunkenness, I feel that we must widen the scope of > the debate to include drunken driving itself. > > > >It is a very common sight at home to see 'big men' with their cars parked > outside bars whiles they booze and this is a phenomenon that has been going > on for quite a while. I think that government should come down hard on these > drunkards who put the lives of innocent people at risk by their careless > behaviour. > > > >I am not trying to justify the dispatch with which Abdoulie Jallow was > tried and sentenced but rather that government should make it understood by > examples that such disregard for the security of innocent citizens shall not > be tolerated. This however, presupposes a disciplined police force that will > carry out its duties without fear or favour. > > > >Regards. > > > >Kabir. > > > > > >----- Original Message ----- > >From: Aji Joof <[log in to unmask]> > > > >> Well, we are also recovering from the effect of such a case. However, not > >> wanting to jump into any conclusiion, we do not know for a fact whether > the > >> accused was actually still intoxicated or just exhausted. Magistrate > Roche > >> is a qualifed lawyer and a prinicipal magistrate for that matter. She > knows > >> that you cannot try a man or anybody for that who is still under the > >> influence of a liquor or substance. > >> > >> Then again, we must be careful not to jump the gun. We do not know the > state > >> of the accused. I personally was not in court at the time and ofcourse > >> remember the saying you can't always believe everything you read on the > >> newspapers! Until and unless we know exactly how the case was conducted, > we > >> should all give > >> Magistrate Roche the benefit of a doubt. If it is an judgemental error it > >> sure will be rectified. > >> > >> aji > >> -----Original Message----- > >> From: Ndey Jobarteh <[log in to unmask]> > >> To: [log in to unmask] <[log in to unmask]> > >> Date: Saturday, September 25, 1999 04:04 > >> Subject: Re: Question???? > >> > >> > >> I will like our lawyers to help out on this too. THis is the craziest I > have > >> ever heard of. > >> > >> > >> The Struggle Continues!! > >> Ndey Jobarteh > >> > >> > >> -----Original Message----- > >> From: Bamba Laye <[log in to unmask]> > >> To: [log in to unmask] <[log in to unmask]> > >> Date: 25 September 1999 04:07 > >> Subject: Question???? > >> > >> > >> Help me on this one folks. does Gambia law allow trial of a person while > >> they are intoxicated? > >> > >> > >> Abdoulie Jallow > >> > >> Fastest legal case in The Gambia? > >> > >> > >> In an unprecedented case, one Abdoulie Jallow, 30, a Guinean > >> born taxi driver was on Wednesday arrested, charged, convicted and > sentenced > >> to eight years in jail or to pay a fine of D22,500 for drinking and > driving, > >> within two hours of committing the offence. > >> > >> The particulars of offence states that "Mr Jallow, on > Wednesday > >> September 22, at around 8-9 am drove a mercedes benz registered number KM > >> 2406 in a manner dangerous to the public; that on the same day, he failed > to > >> stop his vehicle when required by a police officer in uniform contrary to > >> the Motor Vehicle Traffic Act." > >> > >> When the charges were read to him in court, he pleaded guilty > to > >> both counts. On count one, Jallow was sentenced to a five year prison > term > >> or a fine of D20,000, and on count two, he got three years or a D2,500 > >> fine.The prison terms are to run concurrently. > >> > >> In his plea for mercy, Mr Jallow who was still drunk, > lamented: > >> "I am a stranger in The Gambia. I do not know the Gambian laws. Please > >> forgive me."Our reporter sighted Jallow snoring heavily at the mobile > >> traffic unit offices after the sentence was passed. > >> > >> The case was presided over by Magistrate HC Roche of the > >> Kanifing Court. The prosecution officer was First Class Corporal Baldeh.. > >> > >> > >> > >> Source: Weekend Observer 09/24/99 > >> > >> ------------------------------------------------------------------------- > --- > >> > >> To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > >> Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >> > >> ------------------------------------------------------------------------- > --- > >> > > > >--------------------------------------------------------------------------- > - > > > >To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > >Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > > >--------------------------------------------------------------------------- > - > > > > ---------------------------------------------------------------------------- > > To unsubscribe/subscribe or view archives of postings, go to the Gambia-L > Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html > > ---------------------------------------------------------------------------- > ---------------------------------------------------------------------------- To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ----------------------------------------------------------------------------