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toubab1020
12314 Posts |
 Posted - 02 Feb 2011 : 14:53:41
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This from The Point,I think that the magistrate was right in his decision to refuse bail in this case,what do you think ?
"The trial magistrate in delivering his ruling stated that though bail is a right, certain factors needed to be considered before giving bail to the accused persons.
“I have agreed with the prosecution that the accused persons are very influential by virtue of their positions, and can interfere with the prosecution witnesses,” the magistrate added.
The court, therefore, ordered that the accused persons be remanded at the Mile 2 state central prison, and further ordered that the police expedite their investigations within a week."
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MOA project manager, others charged, remanded
africa » gambia
Wednesday, February 02, 2011
Momodou Mbye Jabang, project manager at the Ministry of Agriculture, and four others, were yesterday remanded in custody by the Banjul Magistrates’ Court.
The accused persons were arraigned before the acting Principal Magistrate Alagba and charged with stealing by clerk or servant.
According to the particulars of offence, between March and September 2010, at the Ministry of Agriculture at The Quadrangle in the city of Banjul, the accused Momodou Mbye Jabang, by virtue of his position as project manager, fraudulently received on various occasions the total sum of D350,606.00 from the Gambia National Agricultural Investment Programme (GNAIP) Fund.
The accused persons who all denied the charge preferred against them were denied bail, and subsequently remanded in custody.
Defence counsel Antouman A.B. Gaye, who represented the accused persons alongside L.S. Camara, told the court that the accused persons were charged with stealing by clerk or servant, which is bailable offence.
He pointed out that bail is a right for the accused persons in order to enable them prepare for their defence.
Senior Counsel Gaye said that all the accused persons are responsible citizens in their various communities, more so the alleged offence committed is a bailable one.
He added that the accused persons would be available in court anytime the court needed them, if they are granted bailed, and urged the court to grant the accused persons bail, as they have sufficient sureties.
The prosecuting officer, Superintendent Joof, in response told the court that the prosecution was opposing bail for the accused persons on the grounds that the investigation into the case was not completed.
He said that if the accused persons were granted bail, they might interfere with their witnesses, and urged the court to refuse the accused persons bail and remand them in custody.
The trial magistrate in delivering his ruling stated that though bail is a right, certain factors needed to be considered before giving bail to the accused persons.
“I have agreed with the prosecution that the accused persons are very influential by virtue of their positions, and can interfere with the prosecution witnesses,” the magistrate added.
The court, therefore, ordered that the accused persons be remanded at the Mile 2 state central prison, and further ordered that the police expedite their investigations within a week.
The case was adjourned till 8th February 2011
Author: Bakary Samateh
http://thepoint.gm/africa/gambia/article/moa-project-manager-others-charged-remanded
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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dbaldeh
USA
934 Posts |
Posted - 03 Feb 2011 : 00:41:14
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Toubab, I disagree... the law should be applied equally to all cases. If the crime committed is bailable they should be granted bail.
If the government is efficient in conducting investigations fairly there is no way these people can interfere with the case...
By the way these could be false acusations from people who simply want to get rid of these folks. It is a witch hunt all around the Jammeh regime...
To remand these people for a week without commiting murder is simply that - jungle justice!!! |
Baldeh,
"Be the change you want to see in the world" Ghandi
Visit http://www.gainako.com for your daily news and politics |
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toubab1020
12314 Posts |
Posted - 03 Feb 2011 : 00:58:41
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I understand your posting but reading the magistrates comments
he said
“I have agreed with the prosecution that the accused persons are very influential by virtue of their positions, and can interfere with the prosecution witnesses,”
I feel that the magistrates decision was made correctly because of the above statement,especially the words "very influential by virtue of their positions,".
I note your words when you wrote:
"By the way these could be false acusations from people who simply want to get rid of these folks."
Gambian justice is at present in turmoil and will be hopefully sorted out sometime soon until then matters will take their course.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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dbaldeh
USA
934 Posts |
Posted - 03 Feb 2011 : 02:20:45
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So he denies them bail by virtue of their positions and not the letters of the law? So if he/she the judge is arrested he should be remanded because as a Judge he has some influence?.
It doesn't make sense and he is judging them base on their status and not the stipulations of law... Its a dumb excuse for the magistrate really!!!
Think about it... if by virtue of people's positions they cannot be granted bail then where do you draw the line? Ain't these people already fired from their work? Do they have access? What happen to setting bail conditions to prevent interference with investigations?
Come on... these are judges on the job training!!! no wonder our justice system is screwed!!! |
Baldeh,
"Be the change you want to see in the world" Ghandi
Visit http://www.gainako.com for your daily news and politics |
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