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Dalton1
3485 Posts |
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kobo
United Kingdom
7765 Posts |
 Posted - 13 Apr 2011 : 18:12:43
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quote:
Originally posted by Dalton1
Lang & co appeal judgement set for tomorrow
http://observer.gm/africa/gambia/article/lang-tombong-co-appeal-judgement-set-for-tomorrow
& where is Youssuf Ezzeedine alias Rambo ???????????????????????
Yero
NOTE FROM DAILY OBSERVER; "It would be recalled that Lang Tombong Tamba, Omar Bun Mbye, Lamin Bo Badjie, Kawsu Camara alias Bombardier, Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof alias Lie Joof jointly filed their appeal against the decision of the High Court, whilst Youssuf Ezzeedine alias Rambo filed his appeal separately before the Court of Appeal." |
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kobo
United Kingdom
7765 Posts |
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kobo
United Kingdom
7765 Posts |
Posted - 15 Apr 2011 : 10:02:59
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1. FREEDOM ON-LINE Breaking News: Gambia: GAMBIA’S APPEAL COURT RULES THAT COUP CONVICTS SHOULD DIE! UNDER http://www.freedomnewspaper.com/Homepage/tabid/36/mid/367/newsid367/6080/Breaking-News-Gambia--GAMBIAS-APPEAL-COURT-RULES-THAT-COUP-CONVICTS-SHOULD-DIE/Default.aspx
OUTRAGEOUS VERDICT!"Defense lawyers representing the convicts made unsuccessful arguments in court in a bid to convince the Appeal Court, citing the inconsistencies of the prosecution witnesses, but the Appeal was rejected in its totality. Justice Wowo said the prosecution’s case against the convicts was solid, and dependable. He therefore upheld the lower court’s verdict."Freedom
2. THE POINT NEWS Tamba & Co death sentence stands, as appeal court concurs with High Court decision UNDER http://thepoint.gm/africa/gambia/article/tamba-co-death-sentence-stands-as-appeal-court-concurs-with-high-court-decision
3. DAILY NEWS Court Rejects Death-Row Inmates’ Appeal UNDER http://dailynews.gm/africa/gambia/article/court-rejects-death-row-inmates-appeal
4. DAILY OBSERVER NEWS Lang Tombong & Co appeal dismissed UNDER http://observer.gm/africa/gambia/article/lang-tombong-co-appeal-dismissed
MAIN POINTS EXTRACTED FROM 2. "Justice Wowo further declared that an appeal is regarded as a continuation of the orginal case rather than an inception of a new case. Therefore, he said, in an appeal, parties are normally confined to their cases as pleaded in the court of first instance. Again, Justice Wowo added, generally, there cannot be an appeal against the judgement of a court on a point not raised at the lower court. “See Jumbo V Bryanko Int. Ltd (1995) (supra). In this instant case, the issue that the lower court cannot competently sentence the appellants to death where the appellants were not involved in violent crime that resulted in the death of any person was never canvassed by their team of lawyers or determined before Justice E. Amadi at the lower court and so the lawyers for the appellants cannot raise it here on appeal. However, an appeal on a point not raised or decided in the trial nisi prius can be raised and argued as a fresh issue on appeal with leave of the appellate court. In the absence of such leave like in this case, any issue or argument based thereon remain incompetent and invalid. See Gamstar Insurance Company Ltd V Musa Joof, (2002 - 2008) GLR Vol. 1 page 103; Antoine Banna V Ocean View Resort Ltd (2002 - 2008) GLR, Vol 1 page 1 and Lamin Ceesay V the State, Criminal APP. NO:5/08,” Justice Wowo noted.
It is rather unfortunate that the lawyers for the accused persons at the Lower court never raised and canvassed this issue as important as it is before the learned trial judge passed sentence on them. It is my opinion that counsel for the accused persons could have done this or had the opportunity to bring to the attention of the trial court of the entrenched provision of section 18, subsections (2) and (3) of the 1997 Gambian constitution. He said in the final analysis, the grounds of appeal are incompetent and the appellants appeal lacks merit and was therefore dismissed accordingly.
Meanwhile, after the jugement was delivered, Justice Joseph Wowo informed the appellants of their right to appeal at the country’s highest court, the Supreme Court of The Gambia."Daily Observer
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Edited by - kobo on 15 Apr 2011 15:31:25 |
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Karamba
United Kingdom
3820 Posts |
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Kitabul Arerr
Gambia
645 Posts |
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kobo
United Kingdom
7765 Posts |
Posted - 18 Apr 2011 : 00:56:48
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1. FOROYAA Online- Appeal Court Upholds Death Penalty for General Tamba, Others. - National News - Newspaper UNDER http://www.foroyaa.gm/modules/news/article.php?storyid=6633
2. GAINAKO NEWS WITH Where is Yossuf Azzideen?? As Gambia Court of Appeal upheld Death Sentence for Alleged Coupists without Yossuf Ezzideen! - IN THE GAMBIA COURT OF APPEAL
CRIMINAL APPEAL NO. 21/2010 UNDER http://www.gainako.com/news/news/2011/04/17/where-is-yossuf-azzideen-as-gambia-court-of-appeal-upheld-death-sentence-for-alleged-coupists-without-yossuf-ezzideen.html
TO ANALYSE THESE STATEMENTS AS REPORTED BY FOROYAA UNDER 1. REFER 2. (ABOVE) TO RECONCILE & VERIFY FACTS; "Justice Wowo said the Court has listened and carefully read the submissions filed by both parties because their issues have touched the jurisdiction and rules of the Court. He noted that defence counsel Pap Cheyasin Secka argued in Court, but did not cite or refer the Court to any authority. He added that the State counsel D O. Kulo also argued that the rules of the Court should be respected by giving a Notice of Appeal to the respondent (state) and said that the notice of grounds of appeal filed by the convicts constitutes an abuse of the process of the Court. He said he agrees entirely with the state counsel that it is abundantly clear that the filing of the notices of the three appeals by the convicts tantamount to an abuse of the process of the Court. He indicated that none of the notice of the grounds of appeal by the convicts consisted of any specific grounds of their appeal. He said the appeal lacks essential ingredients of an appeal, but added that for the sake of substantive justice the Court has looked into it."
"The Court of Appeal president said the Court has noticed fundamental defects in the appeal of the convicts and the counsels’ disregard to follow the rules of the court of appeal. He therefore struck out the additional grounds of 2 and 3 of the convicts’ appeal. He also struck out grounds 1 and 7 of the Notice of Appeal by convicts for lack of competence. He therefore dismissed the entire appeal filed by the seven convicts."
"Both Justice B. Kalaile and Justice Na Ceesay Sallah Wadda concurred with the decision of the President of the Court and stated that they have associated themselves with the judgment of the lower court."
"Justice Sallah Wadda said it was unfortunate that the convicts’ counsels did not raise the rules of the Court in line with the procedures of the Court."
WHERE IS "AM NOT AN ATTORNEY" FOR VIEWS & ANALYSIS AS THIS IS LIFE AND DEATH  ALSO "BEYOND REASONABLE DOUBT" IS THE STANDARD OF PROOF IN MOST "CRIMINAL CASES" "No matter how substantial evidence in court is; it must be proof beyond reasonable doubt"
Kayjatta missing you |
Edited by - kobo on 18 Apr 2011 15:39:12 |
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