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toubab1020
12306 Posts |
 Posted - 23 Feb 2011 : 14:44:50
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More on my favorite Gambian,this is a good man I know very serious things are happening in the Arab world that may well concern Gambia but important topics still exist, I make no apology for posting at this time.Next installment is on 28th February 2011:
http://observer.gm/africa/gambia/article/moses-richards-case-continues
Moses Richards case continues
Africa » Gambia
Wednesday, February 23, 2011
The criminal trial of Mose B Johnson Richards before the Banjul Magistrates Court, presided over by Magistrate Taiwo Ade Alagbe yesterday proceeded with the defence giving its preliminary objection to the continuation of the trial at the said court.
In his submission, the defence counsel, S Janneh told the court that both charges are bare in law and should be struck out. He further submitted that objections are taken normally after the arrangement of the accused person and his objection is based on competence and lack of jurisdiction that is proper to be raised at that stage and even after the close of the prosecution’s case.
According to S Janneh, the charges against his client failed to disclose details of the particulars and it is the right of the accused to understand the particulars of offence even if he is literate. He added that the fact that the accused is a legal practitioner who wrote exhibit A3 under the instructions and acting for his client, the particulars should have appeared on the charges.
The defence counsel also submitted that there is a lie in the charges and urged the court to strike out the case. According to him, all democratic countries in the world a lawyer writing a letter to any government servant and to the sheriff does not constitute a crime and in this particular case, he did it on behalf and under the instructions of his client.
He also noted that there is no crime called sedition as indicated by the charge sheet either in The Gambia or in another country. He further noted that in the Criminal Code, there is no offence called sedition, not even in Section S2 (1) (a) of the Criminal Code that the accused is charged. He argued that both charges amount to abuse of process. He further argued that there is nothing written on the letter (A3) that shows contempt to the president but it is contrary to what the prosecution has said.
The state represented by the director of Special Litigation, Daniel O Kulo told the court that the issue of jurisdiction is very fundamental in the said case and the offence to be tried comes squarely within the jurisdiction of the said court. DO Kulo further said the reason why the defence came with the issue of jurisdiction is simply on humanity and the defence said if it accords to the ethics and this ethics are not for medical profession but for the bar. He said that the charges before the court contain no falsehood and are in compliance with the constitution of The Gambia, and it is late to raise objection now that evidence has been laid and the letter exhibit A3 is already with the court.
The state counsel further said that all the charges have sufficient information in the charges and the defence should not expect the prosecution to attach the letter or to put the content of the letter in the particulars. He urged the court to ignore the authorities cited by the defence and secondly the definition of what is a crime or not is in the criminal code, so whether sedition is a crime or not can only be determined by the court. According to him, is only when the National Assembly removes Section 52 (1) (a) of the Criminal Code that The Gambia will relay on the foreign authorities.
DO Kulo revealed that if the defence wants the court to know whether the letter was contempt on the president or not it should bring evidence to prove it and the court can only conclude that if the full trial continues. He finally urged the court to ignore the objection and allow the case to continue. The defence counsel, S Janneh in his reply said in a criminal trial the defence has nothing to prove unless if there is insanity; but it is for the prosecution to prove. The case was adjourned to the 28th of February 2011 for ruling.
Author: by Fatou Sowe
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 23 Feb 2011 14:47:21 |
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Momodou
Denmark
11640 Posts |
Posted - 23 Feb 2011 : 17:55:45
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GBA challenges charges against Moses Richards
By Bakary Samateh
Wednesday, February 23, 2011
 Picture: Lawyer Moses Richards
The Gambia Bar Association (GBA) led by the doyen of the bar, lawyer Surahata Janneh, together with Antouman Gaye and Pap Cheyassin Secka yesterday challenged the charges preferred against Moses B. Johnson Richards.
Moses Richards, a former judge and a member of the GBA, was charged with giving false information and sedition before the acting-Principal Magistrate Alagba at the Banjul Magistrates’ Court.
According to lawyer Surahata Janneh, the charges against the accused person are bad in law, and the charges should be struck out and the accused person ought to be discharged.
He added that the defence was objecting to the charges, which failed to disclose any offence that the accused person can understand.
He said that the constitution makes clear that the particulars of offence ought to appear or reflect in the charges, so that the accused person can fully understand the charges against him.
It is clear that the accused person is a legal practitioner who has all rights to write a letter under the instruction of his client, without fear of prosecution, counsel said.
“It’s always applicable because the accused person is a professional who has constitutional rights under the laws of the Gambia to act under the instructions of his client,” he added.
“Moses wrote this letter for the purpose of his client, as a legal practitioner and, unfortunately, these facts have been removed by the prosecution. This was why I repeated that the charges should be struck out because they are very bad in law,” he continued.
Counsel further stated that a barrister writing a letter to government servants and even individuals, on behalf of his client, at that material time, is acting upon the instructions of his client as a lawyer, and is in line with the code of conduct of the Bar Association.
Counsel further added that the accused person was speaking on behalf of his client as a mouthpiece and that, as a lawyer, you are bound to promote fearlessly without expecting any consequences.
He added that the authority established before the court is beyond question, and that slander should not be preferred against a judge or lawyer, adding that authorities cited are applicable in law.
There was no crime of the nature called sedition, counsel went on, and finally submitted: “Your worship, both charges amount to abuse of court processes, and they are unsustainable in the eyes of the law.”
In responding to the defense counsel’s objection to the charges, the Director of Special Litigation at the Attorney General’s Chambers, D.O. Kulo, told the court that the charges against the accused person are good, and that they are sustainable in the law, adding that the defence counsel’s objection was premature, and that the court should not listen to him.
DSL Kulo referred the court to the criminal procedure code, and stated that the defence counsel’s objection was late for now, and that the court cannot be taken back, because the alleged letter was already admitted in evidence.
D.O. Kulo further referred the court to the Nigerian Legal sources, stating that the defence’s objection that the charges before the court are bad in law was overtaken, because the exhibit was already tendered in evidence.
He added that the charges that were compiled have disclosed the alleged offence and, therefore, urged the court to overrule counsel’s objection.
The case was then adjourned till 28 February 2011 for a ruling.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
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toubab1020
12306 Posts |
Posted - 06 Mar 2011 : 19:22:14
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Moses Richards saga continues tomorrow,what will happen then ?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 07 Mar 2011 : 04:16:10
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| Please gather and update to end. |
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toubab1020
12306 Posts |
Posted - 08 Mar 2011 : 22:08:01
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Cannot expect newspaper reports on the same day of the event,there may possibly be a bantaba poster who has contacts in the legal profession who could give us news before the newspapers,but as its nor REALLY politics I don't expect that to happen, maybe,probably,could be, the Gambian newspapers will carry news of the next adjournment date ,as is usual with many things in The Gambia decisions have to come from the "boss" but if he has lost interest,or cannot make a decision , then go for an adjournment,much safer for everyone.
Well Kobo,another day to wait for the next exciting installment on :
10th March 2011
Originally posted by kobo
Update with Daily Observer news Moses B Johnson Richards’ case suffers setback under http://observer.gm/africa/gambia/article/moses-b-johnson-richards-case-suffers-setback |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 09 Mar 2011 19:57:52 |
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kobo
United Kingdom
7765 Posts |
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toubab1020
12306 Posts |
Posted - 09 Mar 2011 : 22:43:29
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| KOBO,Yes I know but unless you have a contact in Gambia who can tell us the result of today's hearing you will have to wait for the papers tomorrow the 10th. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kobo
United Kingdom
7765 Posts |
Posted - 09 Mar 2011 : 22:47:07
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| Nice one! Toubab. |
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kobo
United Kingdom
7765 Posts |
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toubab1020
12306 Posts |
Posted - 10 Mar 2011 : 16:38:45
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Stage 1 complete,stage 2 starts on:
14th March
At least it seems something is happening.
Wait for info. in the newspapers on:
15th March.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Mar 2011 16:42:46 |
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toubab1020
12306 Posts |
Posted - 15 Mar 2011 : 19:22:32
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I presume this case will continue to be heard on 16th March.
Bit confused about the end sentence:
"At that juncture the case was adjourned to today, 15th March 2011 for continuation.
Author: by Fatou Sowe"
Bearing in mind that today is 15th March 2011
Here is The Points Take on todays events.:
http://thepoint.gm/africa/gambia/article/lawyer-moses-richards-opens-defence
And The Daily News article here:
http://dailynews.gm/africa/gambia/article/fired-judges-controversial-case-resumes-today
http://observer.gm/africa/gambia/article/moses-richards-opens-defence
Moses Richards opens defence
Africa » Gambia
Tuesday, March 15, 2011
Moses B Johnson Richards of Pipeline, a private legal practitioner, yesterday testified as defence witness (DW1) in the criminal trial involving the state against him before, acting Principal Magistrate Taiwo Ade Alagbe of the Banjul Magistrates Court.
In his defence evidence, Moses Richards told the court that in the month of November 2010, one Pa Ebrima Colley (the alkalo) of Jabang Village came to his office and told him that he (Colley) was called by the Sheriff of the High Court, and the Sheriff informed him that Lawyer Darboe and his clients were after him (Colley) and the villagers of Jambang on an execution of a writ of property and he DW1 advised him (Colley) to get a lawyer for himself.
DW1 explained that Colley told him to write a letter for him but he told Colley that he could not, because just weeks before the Sheriff unlawfully kicked out his (DW1) client, he took the matter to the Attorney General and the chief justice and the Sheriff was not happy about that so the Sheriff may not favour him (DW1) if he wrote the letter for Colley.
Moses Richards said that Colley insisted that he wanted him to write the letter for him, despite the fact that he (DW1) told him to get another lawyer. Moses Richards then informed the court that Colley later went to one Lawyer Sanyang and came back to his (DW1) office and said that Lawyer Sanyang could not write for him because at the time of the incident in 2007 the said Lawyer Sanyang was the Attorney General.
Moses Richards revealed that Colley then went to the inspector general of police and later to the solicitor general who both told him that he had only three days remaining for him to write the letter. Moses Richards further stated that Colley pleaded with him to write for him as he (Colley) had limited time and if there was any attempt of executing the writ there would be a problem and that will not tell well.
He said he took the information in brief on an A4 paper and Colley’s instructions were that the staff at the Sheriff Division of the High Court went to Jabang Village to execute a writ and the people of the said village were not aware of any suit pending against them. He added that the Sheriff Divison’s staff went and started throwing their properties and some of the villagers lost some of their properties.
Further adducing his evidence, Moses Richards said that Colley said he went to the then minister of Local Government and Lands and told him about the incident in his village and the then minister advised him to go back to his village and calm his people down. He went on to say that after some hours, Colley told him that the then minister and the then chief justice calmed down the executors and assured that there would be no further execution.
According to DW1 Colley said one Pa Jallow, the then director general of the National Intelligence Agency (NIA) went to the village and informed the elders of the village that the president had ordered for investigations to be carried out into the issue. He said that the villagers informed him that they were not aware of any case that was pending against them, and he (the then director general of NIA) advised them to give peace a chance until the investigations are concluded.
At that juncture the case was adjourned to today, 15th March 2011 for continuation.
Author: by Fatou Sowe
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 15 Mar 2011 19:33:09 |
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toubab1020
12306 Posts |
Posted - 18 Mar 2011 : 11:36:35
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The Daily News report link;
http://dailynews.gm/africa/gambia/article/ex-judge-denies-black-mailing-office-of-the-president
The Point link:
http://thepoint.gm/africa/gambia/article/moses-richards-ends-defence
Moses Richards ends defence
africa » gambia
Thursday, March 17, 2011
Lawyer Moses B Johnson Richards, who is on trial for giving false information and sedition, yesterday ended his testimony before acting-Principal Magistrate Alagba at the Banjul Magistrates’ Court.
Richards told the court that, after writing to various authorities, he did not receive any response from them, noting that this said letter was under the instructions of his client, whom he believed was telling him the correct story in his capacity as Alkalo of Jabang village.
“My intention as a lawyer was to maintained peace and tranquility in the village of Jabang on behalf of my client, Pa Ebrima Ceesay, the alkalo of Jabang, “ Richard told the court.
He added that he wrote this letter purposely for his client, and the letter might be interpreted by the Sheriff of the Gambia differently.
“I have never indicated in my letter that HIS Excellency ordered a stay of execution of the judgment,” Richard told the court.
When asked by his defence counsel, Surahata Janneh, whether the President of the Gambia ever interfered in any court proceedings, Richard said, “I have never been aware of such; the President respects the rule of law, and it was never my intention to disrespect the Office of the President or the President himself.”
Richards added that his client has not paid him anything, and “I believed every good lawyer or citizen has a right to Alternative Dispute Resolution (ADRS) within the society.”
He went on to further state that paragraph 3 of the said letter was narrated verbatim by his client, and that he wrote exhibit A6 on his behalf, dated 14th December 2010. Exhibited A5 was signed by the Hon. Sheriff of the Gambia dated 15th December 2010, Richards continued.
Concerning exhibit A8, he denied everything stated in that particular paragraph.
Richards told the court that he did not advise his client as suggested, concerning the execution of the judgment, adding that it was the very Hon Sheriff of the Gambia who asked his client to get a lawyer to write a letter for him.
He also denied mentioning in his letter the police investigation.
The case was:
adjourned to 21st March 2011
for cross-examination
Author: Bakary Samateh
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 18 Mar 2011 13:07:12 |
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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
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