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kobo
United Kingdom
7765 Posts |
 Posted - 14 Sep 2011 : 10:46:28
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1. MAAFANTA.COM URGENT APPEAL - THE OBSERVATORY: The Gambia: Judicial harassment faced by human rights lawyer Moses Richards Tuesday,
2. FOROYAA National News : Judgment In Richards’ Case Postponed
"Principal Magistrate Tabally of the Banjul Magistrates’ court on Monday 12th September indicated that the judgment in the case of barrister Moses B Johnson Richards’ is not yet ready and as a result of that the judgment could not be delivered on the said date.
Sheriff Tambedou, the President of The Gambia Bar Association who represented the accused person told the court that they would like to be on record that they were in court for the delivery of the judgment.
However the date on which the judgment is to be delivered is unknown as no date mention was mentioned in court.
Readers could recall that barrister Richard is standing trial on two counts of criminal offences, namely Giving False information and Sedition. He denied both charges. " Foroyaa |
Edited by - kobo on 14 Sep 2011 11:07:09 |
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Janyanfara
Tanzania
1350 Posts |
Posted - 14 Sep 2011 : 22:07:39
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quote:
Originally posted by toubab1020
I am not a lawyer,but I do know a little about how the courts work in England,do not even try to understand Janyanfara ,things that are not ideal exist in all justice systems not only the Gambian justice system .
I strongly suspect that no one will help you with answers.
toubab1020,
I am not a lawyer either but one thing even a layman know about the judicial system is the famous coate,
"Justice delayed is justice denied"
It then appears that our most dedicated magisterate has is been just drilled because he has never felicitates the top. He only does his service to the nation.
Moses is a great man and any bother who bows not for the big thief, you shall be sprayed [size=5]GREEN.[/size=5]
That is the case of moses Richards.
I advice Magisterate Tabally to take caution as one day who knows. Many Gambian Magisterates have been there and now he too is being watch by both the GOOD Gambians and ofcause the very rotten ones. |
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toubab1020
12306 Posts |
Posted - 15 Sep 2011 : 01:59:06
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| I agree, Moses Richards is Great,and must be respected for the way he has conducted himself during his visit to the dock instead of his rightful place on the bench,yes, he is my favorite Gambian. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Kitabul Arerr
Gambia
645 Posts |
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Karamba
United Kingdom
3820 Posts |
Posted - 19 Sep 2011 : 19:12:51
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| Interesting happenings. You wonderful what else is impossible. |
Karamba |
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Prince
507 Posts |
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toubab1020
12306 Posts |
Posted - 19 Sep 2011 : 19:24:32
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I am mortified,horrified,dismayed, shocked,amazed that such a thing should be allowed to happen in "The Gambian Justice system" words fail me, I am so very sorry at this outcome.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 19 Sep 2011 19:28:38 |
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Kitabul Arerr
Gambia
645 Posts |
Posted - 19 Sep 2011 : 19:39:33
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Soooo sorry, toubab1020, on your Favorite Gambian's predicament. I'm dumbfounded too. I was a bit optimistic that he'll prevail,
but the forces against him were overwhelming. Thought it was a April's Fool", but my calendar showed otherwise.
Keep the faith, toubab................l l! |
The New Gambia - Stronger Together! |
Edited by - Kitabul Arerr on 19 Sep 2011 22:44:32 |
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Dalton1
3485 Posts |
Posted - 20 Sep 2011 : 01:08:29
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I join the many of you in comdemning this unfair verdict. This goes a long way to vindicate the hue and cry about the type of rotten dictatorship that came to consume Gambians since 1994. In anyway, it is hard to accept, but I hope and pray that among the many getting victimized, there will come a Mandela that will help bring light.
At least, Richards went through a so-called court system. How about the many others that were tortured with concoction for comming no crime; disappeared or killed without even ever a headline about their possible whereabouts; etc...? It clearly shows the kind of mercenaries we have within the Jammeh administration. it is a very sad day in the Gambia.
Certainly, Nigerian Professor SMO Aka said right that the longest night must break day.
Part of what can be done, people should forward petitions with signaturies to both local and international groups, to get more pressure on the dictator.
Free Magistrate Richards Now!
Yero |
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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kobo
United Kingdom
7765 Posts |
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Momodou
Denmark
11640 Posts |
Posted - 21 Sep 2011 : 11:21:00
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Burning Issues: PRESS RELEASE FROM GAMBIA BAR ASSOCIATION
By Publisher on 21-09-11
Foroyaa received a Press Release from the Secretary of the Gambia Bar Association which states among other things that
“This Monday, the 19th day September 2011 at approximately 11 am at the Banjul Magistrates Court, Moses B. J Richards, a legal practitioner was convicted and sentenced to serve a term of 2 years with hard labour at Mile II Central State Prisons. The alleged crimes for which he was convicted were giving false information to a public servant contrary to section 114(a) of the Criminal Code and sedition contrary to Section 52(1)(a) of the Criminal Code.
“The prosecution, conviction and sentencing was presided over and carried out by Magistrate T. A. Alagbe.”
The Gambia Bar Association noted that the incarceration of their colleague puts the Gambian Legal profession on trial and puts the Independence of their profession and the bar into question.
According to them, “It is a universally accepted principle of all civilized societies that an advocate must be allowed to represent his or her client without fear or favour. In this instance the charges against Mr Richards related to a letter he had written to the Sheriff of the High Court in the course of his duties as a lawyer and while under the direct instruction of his client. The letter made reference to the executive branch of the government. Mr Richard’s client appeared in court and swore under oath that he did indeed instruct Mr Richards to write the said letter. These are the ‘crimes’ for which Mr Richards is being punished.”
They observed that , “once again The Gambia is portrayed as a nation where the mere mention of the Office of the President is risky. The Gambia Bar Association urges the executive branch of the government to take note” and requested that it does not allow a wedge to be driven between it and the people. They claimed that the incarceration of their colleague may smear the international reputation of the Country and weaken their resolve to prevent the further weakening of the Gambian legal system.
They claim that the principles that seek to protect and safeguard the integrity of the profession is under threat and call on the Executive branch of Government to pay heed to the Legal sector. The Gambia Bar calls on the Government of the Gambia to step in and protect its citizens, prevent the degradation of the Constitution and the legal profession and free Moses Richards.
The bar puts all relevant authorities on notice that the Gambia Bar Association will actively seek the institution of disciplinary action against lawyers that seek to visit terror and humiliation on innocent people.
They concluded by openly inviting the executive to a dialogue for the interest of all.
Source: Foroyaa
Related Topic: PDOIS’ LETTER TO THE BAR ASSOCIATION |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Prince
507 Posts |
Posted - 21 Sep 2011 : 19:55:12
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quote:
Originally posted by Momodou
Burning Issues: PRESS RELEASE FROM GAMBIA BAR ASSOCIATION
By Publisher on 21-09-11
Foroyaa received a Press Release from the Secretary of the Gambia Bar Association which states among other things that
“This Monday, the 19th day September 2011 at approximately 11 am at the Banjul Magistrates Court, Moses B. J Richards, a legal practitioner was convicted and sentenced to serve a term of 2 years with hard labour at Mile II Central State Prisons. The alleged crimes for which he was convicted were giving false information to a public servant contrary to section 114(a) of the Criminal Code and sedition contrary to Section 52(1)(a) of the Criminal Code.
“The prosecution, conviction and sentencing was presided over and carried out by Magistrate T. A. Alagbe.”
The Gambia Bar Association noted that the incarceration of their colleague puts the Gambian Legal profession on trial and puts the Independence of their profession and the bar into question.
According to them, “It is a universally accepted principle of all civilized societies that an advocate must be allowed to represent his or her client without fear or favour. In this instance the charges against Mr Richards related to a letter he had written to the Sheriff of the High Court in the course of his duties as a lawyer and while under the direct instruction of his client. The letter made reference to the executive branch of the government. Mr Richard’s client appeared in court and swore under oath that he did indeed instruct Mr Richards to write the said letter. These are the ‘crimes’ for which Mr Richards is being punished.”
They observed that , “once again The Gambia is portrayed as a nation where the mere mention of the Office of the President is risky. The Gambia Bar Association urges the executive branch of the government to take note” and requested that it does not allow a wedge to be driven between it and the people. They claimed that the incarceration of their colleague may smear the international reputation of the Country and weaken their resolve to prevent the further weakening of the Gambian legal system.
They claim that the principles that seek to protect and safeguard the integrity of the profession is under threat and call on the Executive branch of Government to pay heed to the Legal sector. The Gambia Bar calls on the Government of the Gambia to step in and protect its citizens, prevent the degradation of the Constitution and the legal profession and free Moses Richards.
The bar puts all relevant authorities on notice that the Gambia Bar Association will actively seek the institution of disciplinary action against lawyers that seek to visit terror and humiliation on innocent people.
They concluded by openly inviting the executive to a dialogue for the interest of all.
Source: Foroyaa
Related Topic: PDOIS’ LETTER TO THE BAR ASSOCIATION
Typical Lawyer talk, lots of words... no substance or action. As they say in Gambia, lots of foam, little Ataya.
The least one would have expected from these clowns was to boycott the courts for at least a few days.
They could have even raised the stakes by demanding to peacefully march to the State house and parliament to hand deliver this useless "press release."
With useless "press releases" like this, the gov. is literally grabbing their balls from their pants. |
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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
Posted - 22 Sep 2011 : 22:31:04
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FOROYAA Burning Issues : PDOIS’ LETTER TO THE BAR ASSOCIATION
"19 September
Dear Sir,
On the Need For a Protection of Legal Practitioners’ Act
The Central Committee of PDOIS has requested me to address this memorandum to you for the consideration of your august body. It is our conviction that the incorporation of fundamental rights and freedoms provisions in constitutions and our statute books is meaningless if those rights are not protected and enforced by courts.
Over the years human kind has come to acknowledge that the power to make, enforce, prosecute and render judgment cannot reside in one person if justice is to be done and be seen to be done in a country. This gave rise to the doctrine of the separation of powers so that those who make the law, those who enforce the law and those who administer justice would have distinct powers and responsibilities. This is why the executive, the legislature and the judiciary have distinct functions and powers.
The law sees the need to offer special protection to each authority so that each would be able to exercise one’s powers without fear or favour, affection or ill will.
In fact Section 69 of the Constitution provides immunity to the President from civil and criminal proceedings and provides only one exception that is when it comes to declaration that his action contravenes the provision of the Constitution. Even there he is represented by the Attorney General and Minister of Justice.
Furthermore, section 113 of the Constitution states that “there shall be freedom of speech and debate in the National Assembly and that freedom shall not be impeached or questioned in any court or place outside the National Assembly.”
Section 114 adds that “without prejudice to the generality of section 113 no civil or criminal proceedings shall be instituted against a member of the National Assembly in any court or other place outside the National Assembly by reason of anything said by him or her in the National Assembly”
The members of the National Assembly are the voices and ears of the people. Any restriction of their freedom of expression would make them less effective and efficient in serving the interest of the people.
The third institution whose administrators are given immunity for the judgment they deliver in court is the judiciary. Section 123 of the Constitution states that “A Judge or other person exercising power shall not be liable to any action or suit for any act or omission by him or her in good faith in the exercise or her judicial function.”
These immunities are provided by the supreme law of the land not to make the executive, the legislators and the judges to be above the law; on the contrary, they are designed to enable them to conduct their duties without inhibition or hindrance.
It goes without saying that no judicial system could function under the principle of substantive and restorative justice without legal practitioners. In short ignorance of the law would have been an excuse if the person concerned had no right to the counsel of a legal representative who is well informed in matters of the law. Legal practitioners are therefore interlocutors for justice to be done and be seen to be done. This is why Section 19 of the Constitution states among other things that “Any person who is arrested and detained shall be informed …within three hours… of his or her right to consult a legal practitioner.”
Section 24 further buttresses the protective role of legal practitioners. The important portion reads: “every person who is charged with a criminal offence shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice.”
Suffice it to say that it is legal representatives who have access to prisoners and do assist them to appeal their cases. Without legal representatives the whole justice system in a country would crumble. Legal representatives deserve immunities in whatever they do in good faith in defence of their clients. We would therefore appreciate it a great deal if the bar association undertakes to draft a protection of media practitioner’s Act that would guarantee immunities to legal representatives in the course of the performance of their duties.
Secondly, it is our view that the best way to combat words is to utilise words. This is why we would welcome your opinion on our plan to decriminalize provisions dealing with giving false information to public officers, sedition and libel. All those who are aggrieved by false information, prejudicial comments that are likely to bring hatred and contempt would be able to seek redress through civil litigation. We want to build an open society where freedom of expression, that is, freedom to give and receive information would be exercised without hindrance.
Section 25 of the Constitution makes it a right for a citizen to petition the president. We will ensure that all those who petition the president are immune to any form of prosecution.
Finally, there is need for the Gambia to elaborate a vision for its legal system. In our view, prisons in modern times are designed to rehabilitate those who need to be assisted to integrate into society to live productive and contributive lives after their incarceration. This is why the laws have given immense discretion to administrators of the Law to temper mercy with justice. The Criminal procedure Code provides administrators of the law with the following powers:
Power to admonish and release
Section 266 of the Criminal Procedure Code reads: “In any case in which a person is charged with an offence under section 252, section 258, section 261, section 288 or section 290 of the Criminal Code or any offence punishable with not more than two years’ imprisonment and the court is of the opinion that the charge is proved, it may, if the person has not been previously convicted of any offence and if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances in which the offence was committed, instead of convicting him, admonish him and order his release.”
Power to release upon probation instead of sentencing to punishment
Section 267. (1) adds that, “Where any person is charged with an offence not punishable with death and it appears to the court that the charge is proved but that having regard to the age, character, antecedents or physical or mental condition of the offender, and to the circumstances in which the offence was committed or to the trivial nature of the offence, it is expedient that the offender should be released on probation, the court may, instead of convicting and sentencing him at once to any punishment, order that he be released on his entering into a recognisance, with or without sureties, to appear for conviction and sentence when called upon during such period (not exceeding three years) as the court may direct, and in the meantime to keep the peace and be of good behaviour.”
In our view, what civilized humanity is advocating for is restorative and not retributive justice. We therefore hope that your Bar Association would consider articulating a vision for the legal system in the Gambia which would serve as an ingredient for future policy making.
While anticipating renewed cooperation
I remain
Yours in the service of the Country
Halifa Sallah
Secretary General" |
Edited by - kobo on 22 Sep 2011 22:33:04 |
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Dalton1
3485 Posts |
Posted - 23 Sep 2011 : 13:04:08
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[The third institution whose administrators are given immunity for the judgment they deliver in court is the judiciary. Section 123 of the Constitution states that "A Judge or other person exercising power shall not be liable to any action or suit for any act or omission by him or her in good faith in the exercise of his or her judicial function."]--Hon. Halifa Sallah, PDOIS
If the above constitutional stipulation cited by Hon. Sallah of PDOIS is to go by, then it clearly explains by Lawyer Moses Richards is a prisoner of conscience languishing in jail for committing no crime other than adherence to the constitution. It goes further to say that such a state of lawlessness is the least expected, even though it is a known fact that we are dealing with mercenary judges. This situation is a serious travesty. It explains why everyone must standup before you take a turn from Jammeh's dictatorial whims and caprices.
Yero
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"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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