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toubab1020
12306 Posts |
 Posted - 03 Jan 2011 : 17:04:19
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I have just been prodded by a fellow bantabarian to this piece in the government newspaper The Daily Observer, it had only to be a matter of time before this man became the subject of a court appearence as a defendant,I have the greatest admiration and respect for him and have often referred to him as my favorite Gambian.
I very much hope that he will be treated with fair justice and common sense that he himself dispensed in his brilliant career within the legal framework of Gambian Justice.
I am also very surprised to find that to remand him in custody,most likely at Mile two, is in my view, totally unnecessary, even though the allegations made against him are very serious.
http://observer.gm/africa/gambia/article/moses-richards-remanded
Moses Richards remanded
Africa » Gambia
Monday, January 03, 2011
Principal Magistrate Emmanuel Nkea of the Banjul Magistrates Court on Friday, 31st of December 2010 remanded Moses B Johnson Richards, a former High Court Judge in custody after he was charged with two counts of criminal offences.
The accused, Moses B Johnson Richards was charged on count one with giving false information to a public servant contrary to Section 114 (a) of the Criminal Code Cap 10, Volume 111, Laws of The Gambia, 1990. The particulars of the offence stated that the accused person on or about the 6th of November 2010 in Banjul within the jurisdiction of the court, knowingly gave false information to the Sheriff of The Gambia to wit; that His Excellency, the president of the Republic of The Gambia has ordered the stay of execution of the writ of possession in Civil Suit No 349/92 No 28, with intent to cause the Sheriff of The Gambia to stop the execution of the said writ of possession.
On count two, the accused is charged with sedition contrary to Section 52 (I) (a) of the Criminal Code Cap 10, Volume 111, Laws of The Gambia, 1990. The particulars of the offence stated that the accused on or about the 6th of November 2010 in Banjul within the jurisdiction of the court, published a letter to the Sheriff of The Gambia stating that His Excellency, the president of the Republic of The Gambia has ordered the stay of execution of a writ of possession in Civil Suit No 349/92 B N0 28, with intent to bring into contempt the person of the president. The accused pleaded not guilty to the charges leveled against him.
At that juncture, Lawyer Mendy applied for bail of the accused, saying that the charges leveled against him are bailable offences and urged the court to grant him bail. She further assured the court that the accused person will always be available in court to defend the charges leveled against him. The state counsel, S.A Abi said they do not ordinarily oppose bail application but they fear interference with their witnesses in their investigations.
The defence counsel, Lawyer Mendy replied that the accused has been in the legal system for years and was decorated in recognizance of his service to the Republic of The Gambia and with this he (the accused) knows the procedure. She assured the court that the accused will not interfere with any witness in the case. However, the presiding magistrate in his ruling ordered that the accused be remanded in custody until the next adjourned date for the prosecution to protect their witnesses in the case.
The case was adjourned to 3rd of January 2011.
Author: by Fatou Sowe
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Janyanfara
Tanzania
1350 Posts |
Posted - 03 Jan 2011 : 17:22:39
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May God grant my dear brother a fair trial.I pray God would blind Jammeh's heart/mind on other issues so that he would show any interest in the case or even if he does he would advice that it be held in a free fair and transparent atmosphare.
His alledged crime is ofcause a bailable offence and the reason the presiding Mgistrate fefused a fellow comrade such lawful previlage kept my mouth open because for someone like Moses Richards decorated for his grest services to his country and having served long in the judiciary rising through the ranks, refused bailed on a bailable offence sends chills through my veins.
I only hope and pray something is not at play awaiting this great man.The fact is Moses should be wiser as this was not the first time he landed in the hot soup.Though he got lucky the last time, I hope he does again.It is time for him to look back and think maybe he may sniff something. |
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Kitabul Arerr
Gambia
645 Posts |
Posted - 03 Jan 2011 : 17:39:14
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| Moses Richards, is also related to the Tambas? Just a querry.........................................................lol? |
The New Gambia - Stronger Together! |
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kobo
United Kingdom
7765 Posts |
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toubab1020
12306 Posts |
Posted - 03 Jan 2011 : 22:24:40
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Kobo,
Yes,I am sorry that my "knight" as you call him is grounded that is true and I understand.
I do not understand the meaning of the words."& SO ALL THE PRESIDENT'S LADIES & GENTS!"
Can you put those words differently so I can have a clear understanding of their meaning?
As regards the Editorial link in your posting,it seems to me very obvious if ANYONE is accused of a crime they should be allowed legal council and the laws of the country should be obeyed,it makes NO DIFFERENCE who that person is laws SHOULD be made to protect ALL people from wrongdoers and fair justice available FOR ALL,if they be lawyers politicians or anyone else. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 03 Jan 2011 22:30:13 |
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kobo
United Kingdom
7765 Posts |
Posted - 04 Jan 2011 : 23:31:48
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| ON TOLL OF "PRESIDENT'S LADIES" IN THE NET; former Attorney General & Minister of Justice implicated from related Hantaba Gambian politics topic Marie Saine Firdaus-Charged under http://www.gambia.dk/forums/topic.asp?TOPIC_ID=10179 |
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toubab1020
12306 Posts |
Posted - 05 Jan 2011 : 18:39:49
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My favorite Gambian bailed,so I should think and the amount of his own recognicence ? D500 quite right too,The report in the Observer made a grave error.BUT I wonder if the Daily Observer ( Fatou Sowe ) did report correctly and the remand in custody decision had to be changed very quickly after someone had a word in the ear of Principal Magistrate Emmanuel Nkea of the Banjul Magistrates.
http://thepoint.gm/africa/gambia/article/moses-richards-granted-bail
Moses Richards granted bail
africa » gambia
Tuesday, January 04, 2011
The lower court in Banjul yesterday granted bail of D500 to Moses B. Johnson Richards, a former High Court judge, with one Gambian surety who must have two landed properties within the Greater Banjul Area.
The bail condition further stipulated that the accused person should deposit all his travel documents with the assistant registrar of the Banjul Magistrates’ Court.
Moses Richards was arraigned on 31st December 2010 and charged with two counts of giving false information and sedition.
He vehemently denied the charges, and was subsequently remanded in custody until yesterday, when he was granted bail.
The alleged offence on count one read that Moses B Richards Johnson on16 November, 2010, at Banjul knowingly gave false information to the Sheriff Division of the Gambia to wit: that His Excellency the president of the Gambia has ordered the stay of execution of the writ of possession in civil suit No349\92B NO.28 with intent to cause the sheriff of the Gambia to stop the execution of the said writ of possession.
On count two stated that on 16th November, 2010, at Banjul, published a letter to the Sheriff of the Gambia, stating that his Excellency the president of the republic of the Gambia had ordered the stay of execution of a writ of possession in civil suit No 394 B NO28, with intent to bring into contempt the person of the said president.
At yesterday’s court proceeding, state counsel Simeon Abi informed the court that the state could not proceed with the case, because all its witnesses were not in court.
He, therefore, applied for an adjournment to enable them to call their witnesses.
Richards was represented by senior counsel Surahata Janneh, who informed the court that the whole Bar was there to witness the proceedings.
He told the court that the defence was not opposed to the application by the state counsel for an adjournment, but noted that the case was first mentioned on 31st December 2010, when the accused was refused bail and was remanded in custody.
It was very sad, said the defence counsel, because the charge before the court so far should not warrant the accused person to be sent to remand custody.
He further added that the accused person should not be sent to remand, because he was at one time an Honourable Judge at the High Court of the Gambia, as well as a magistrate, and now a legal practitioner and a member of the Bar.
“Remand is meant for those accused persons who committed serious offences, and they are likely to abscond or serious offences like murder,” he continued. The accused person is a legal practitioner and a member of the Gambia Bar Association, the counsel pointed out.
Subsequently, Principal Magistrate Emmanuel Nkea granted the accused bail, and adjourned the case until 10th and 11th January 2011.
Meanwhile, in our Monday issue regarding the same case, we inadvertently stated that Moses Richards was remanded in police custody. We have learned from the court that Moses Richards was, in fact, remanded in custody at the State Central Prison Mile 2.
We apologise for the error.
Author: Bakary Samateh
Source: Picture: Justice Moses Richards
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
Posted - 05 Jan 2011 : 22:29:07
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This some what clearer report from The Daily News probably reflects the developments better:
http://dailynews.gm/africa/gambia/article/lawyers-move-all-out-to-defend-moses-richards
Lawyers Move ‘All-Out’ to Defend Moses Richards
africa » gambia
Wednesday, January 05, 2011
The Court could be said to be left with no choice, but bail Moses Richards, as a team of over twenty defense lawyers, led by the doyen of Gambian Bar, Surata Janneh, moved all-out to defend their colleague.
Richards, a former High Court Judge – now private lawyer -is facing two criminal charges – giving false information and sedition - at Banjul Magistrates’ Court.
He is alleged to have lied to the Sheriff of The Gambia that president of the republic ordered a stay of execution of a writ of possession in a civil suit; thus gave false information to a public servant and brought contempt into the person of the president of the republic
Richards however denied any wrong-doing.
The trial Magistrate Emmanuel Nkea Friday refused to grant him bail for fear that ‘he may run-away’.
‘The accused [Moses Richards] was an honorable judge and now a private legal practitioner who serves with loyalty,” doyen Janneh said, in request for Moses to be granted bail when the case resumed Monday. And his request was considered as Richards was granted bail in the sum of D500 with a Gambian surety. He was also ordered to deposit all his travelling documents to the court.
Lawyer Janneh went on the register his shock after discovering that Moses was transferred from the police custody, as dictated by the magistrate and taken to State Central Prison, Mile 2.
“The charges [levied against Richards] did not warrant him to be remanded in Mile 2. He is not charged with murder or any dangerous crime,” Janneh charged.
The case resumes Monday January 10, 2011.
Author: By Binta A Bah
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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