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Momodou
Denmark
11633 Posts |
 Posted - 12 Jan 2011 : 18:22:33
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GAMBIAN LAWYERS BOYCOTT THE COURTS
By Abubacarr Saidykhan
12-01-11
The president of the Gambia Bar Association, Sheriff M. Tambedou on Tuesday 11th of January 2011 granted an interview to this reporter at his chambers in Banjul on the current position of the Bar Association, regarding their three day boycott of the Courts which came on the heels of the charges preferred against their colleague, Barrister Moses Richards, who is charged with Sedition and Giving False Information to a Public Officer.
Speaking on behalf of the Bar, the President Sheriff Marie Tambedou said the Bar started their action on Monday 10th of January to seek protection and respect for their professional activities and that they will resume their normal duties on Thursday 14th of January 2011. He said the decision was arrived after members of the Gambia Bar Association agreed that no lawyer will appear in any court in the Gambia during this period.
He went on to say that the reason for this protest was triggered by the recent arrest, detention and leveling of charges against barrister Moses Richards and by extension to all of them as barristers. He said Barrister Richards wrote a letter to the sheriff of the High Court acting on the instructions of his client which was information that was conveyed to him by his client. He said lawyers in the Gambia and that of the world do have a protection that when they talk it does not mean that they are talking on their own behalf, but on behalf of their clients. He said what they as lawyers normally do, is that they tell the third party what their client has told them. He said they as lawyers cannot be held directly accountable for those words or actions; adding that if one of them is arrested and detained on account of that, that means that protection is taken away from all of them which is dangerous.
He said it is the public that consult lawyers to act for them, noting that if those lawyers turn to be in trouble because they have simply acted for their clients, then it means that they as lawyers cannot effectively represent those clients. He said if one should come to him for representation and when he as the lawyer does the representation, he/she will be in trouble, “then how can I represent you?” he asked. He said this is why it is felt necessary for the right authorities to know their position and what they want, adding that the action of not going to any court is as a result of that.
Asked whether if the charges are not dropped against Barrister Richards the protest will continue, the President of the Bar said that was not the resolution of the meeting he presided over. He said that the agreement was that they would sit without going to court for three days and after that the Bar would meet again to see the way forward. He said in the press release they only stated as to what they felt should happen, which is for charges against barrister Richards to be dropped, noting that the protection is not only directed at barrister Richards but to all of them which is the principle.
Asked as to whether Barrister Richards was sent to Mile 2 by court order, the president of the Bar replied that their colleague was sent to prison without court order. He said as far as they are concerned, Barrister Richards was not remanded in custody. He said Barrister Richards was in police custody, noting that the last night he spent in custody before coming to court was in Mile 2 which was unlawful. He said they did not know who took Barrister Richards to Mile 2, and also how he was taken to Mile 2, adding that only a Court can remand a person and as far as they were concerned, they were in Court and that did not happen.
He added, “As I said in my statement in the opening of the legal year 2010/ 2011, we all have a common interest, we want to promote the rule of law and a better working of the Court system, be it the Government, the Judiciary, the Bar, and the Bench”. He said they have competing interests, adding that they should all work for that common goal and that an action like this will not help. He said they should respect each other’s boundaries, commitments, responsibilities and obligations. He said they need to promote a better understanding, noting that misunderstanding does happen sometimes, but through dialogue and consultations they will find a way forward. He said they are praying for this to be the last hitch because they think it is not right and that they want those who are responsible to understand what they are saying; that they are not seeking for any confrontation or challenge in any way, “all we want is to be respected, to be able to do our jobs without fear so that the public can have confidence in us.”
This reporter was at the High Court on Tuesday morning, but he saw just few legal practitioners who were not putting on their robes as they used to in previous days which prompted him to seek an interview with the President of the Bar Association, Barrister Tambedou.
Source: Foroyaa
Related Topics:
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11633 Posts |
Posted - 12 Jan 2011 : 18:25:48
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Foroyaa Editorial: THE BAR STAYS AWAY FROM COURT
Intimidated Counsels And Judges Must Not Put On The Wigs Of Justice
By Publisher
12-01-11
History has taken its pen again. It is recording what future generations will read. How the unsettling state of the Gambia Bar would end will also be a part of Gambian history. It is the philosophers who said that having the power to behave as one wishes with impunity is very enjoyable, but having injustice perpetrated against the same person with impunity is most distasteful. They claim that the notion of justice is derived from the notion that the best way to be free from suffering wrong in the hands of others is to agree to a social contract neither to do wrong to others nor to suffer wrong from others. It is this compact that governs every just legal system.
The Bar and the Bench makes up the judicial system of the 21st Century. Without the Bar there can be no justice and without the Bench there can be no justice. The two are irretrievably linked.
Suffice it to say, justice is a by product of the unity of opposites. This is why there is prosecution and defence. The intense confrontation between the two provides the raw materials on the basis of which the judge constructs the truth and form an opinion that is delivered as judgment.
The constitution has made it categorically clear that the Bench must never be subjected to any intimidation or dictation. Section 24 subsection (1) reads:
“Any court or other adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation shall be Independent and Impartial.´´
It goes without saying that every person who appears before a court may be defended by a legal representative of his or her choice. In fact, the importance of counsels to the justice system is so relevant that “where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the state‘´
Jurisprudence holds that the truth in a case cannot be known without its fullest interrogation by those who are specialized in testing the veracity of the evidence adduced from opposing sides.
This is why the Bar and the Bench should not be intimidated in any way from searching for the truth without fear and performing their respective functions without fear.
In speaking to Foroyaa Mr Tambedou said:“All we want is to be respected, to be able to do our jobs without fear so that the public can have confidence in us.” This is not too much to ask for. It is dictated by reason and necessity for the legal profession to survive in the Gambia.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 12 Jan 2011 : 19:00:28
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"Mr Tambedou said:“All we want is to be respected, to be able to do our jobs without fear so that the public can have confidence in us.” This is not too much to ask for. It is dictated by reason and necessity for the legal profession to survive in the Gambia."
I bet SOMEONE is thinking........ what can I do now ? |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Watchman
Gambia
174 Posts |
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Senegambia
175 Posts |
Posted - 12 Jan 2011 : 22:30:08
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Good stuff! Enjoyable articles @ escapefrombanjul, easy to digest even after a long hard day! Keep up the good work Watchman. I wish the Gambia Bar Association all the best.
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Tesito
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mansasulu
997 Posts |
Posted - 13 Jan 2011 : 19:09:28
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| 3 days...? It should have been an indefinite boycott if you ask me. But then perhaps my livlihood does not depend on the legal profession. |
"...Verily, in the remembrance of Allâh do hearts find rest..." Sura Al-Rad (Chapter 13, Verse 28)
...Gambian by birth, Muslim by the grace of Allah... |
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Karamba
United Kingdom
3820 Posts |
Posted - 14 Jan 2011 : 00:58:14
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Mansasulu, if the purpose is just to fight for one man, then the show is over. If it is about the start of fighting for total justice in Gambia, then we have seen only a start. Our lawyers should stay brave. |
Karamba |
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