 |
|
| Author |
 Topic  |
|
|
toubab1020
12312 Posts |
 Posted - 06 Jul 2011 : 14:05:54
|
This Judge will get himself in trouble,or perhaps he was told to do this,disposing of a case by getting someone else not to do something,or a subtle change in The Gambian Justice system ?
"urging the prosecution to file an indictment against the accused persons on or before July 19th 2011. According to the High Court Judge, treason is an offence that goes into the heart of a nation; however, fair and speedy trials must be guaranteed."
Any comments ?
http://observer.gm/africa/gambia/article/in-scattred-janneh-3-others-treason-trial-justice-ikpala-gives-ultimatum-to-dpp
In Scattred Janneh, 3 others treason trial Justice Ikpala gives ultimatum to DPP
Africa » Gambia
Wednesday, July 06, 2011
Justice Ikpala of the Special Criminal Court in Banjul, yesterday July 5th 2011, made a strong worded order for the director of Public Prosecution (DPP), Mikailu Abdullahi to file charges against Amadou Scattred Janneh, a former minister of Information and Communication and his co-accused persons on or before July 19th 2011, in accordance with rules of fair and speedy trials.
The High Court Judge’s order was contained in brief ruling he made on the submissions and counter submissions made by both the defence counsel, Lamin Camara and the DPP Mikailu Abdullahi at the trial, which failed to proceed, owing to what the prosecution called ‘ongoing investigations’ into the case. When the matter was mentioned for continuation, the DPP made an application for an adjournment, on the premise that investigations are still ongoing into the case, hence the need for the court to grant the application pending the said investigations.
“My lord, considering the nature of the offence charged, for the fact that the offence is a serious one. We crave the indulgence of the court to grant our application, as the matter is under investigations by the police. We have a holding charge against the accused persons,” the DPP told the Special Criminal Court. His submission paved the way for the defence counsel, Lamin Camara to react with strong objection.
According Lawyer Camara, he is representing all the four accused persons in the trial. He disagreed with the application made by the DPP. “My lord, I disagree with the application made by the DPP that there is holding charge against the accused persons before this court. There is no holding charge against the accused persons in this court, the accused persons have been in custody for one month and a day now and yet still the investigations are ongoing into the case. My lord is this is not satisfactory, there is no indictment against the accused persons before this court and the accused persons cannot be kept in custody forever,” Lawyer Camara submitted.
According to the defence counsel, for the accused persons to languish in custody for a longer period will run contrary to their Constitutional and human rights and it’s therefore his submission for an indictment be filed against the accused persons within seven days. At that juncture, the presiding judge, Justice Ikpala posed a question to the DPP as to whether investigations are still ongoing into the case and whether the said investigations could be finished within seven days? The DPP responded with citation of Section 5 of the Criminal Code, by saying there is a holding charge against the accused persons in court. According to the DPP, the charges against the accused persons from the subordinate court have not been stroke out and it’s still valid.
The DPP further submitted that the charges against the accused person from the lower court have been transferred to the High Court and it has not been stroke out. The DPP insisted that criminal trials are done on indictment and the indictment is still valid.However, defence counsel Camara objected to the citation made by the DPP on the ground that Section 5 of the Criminal Code did not give any powers for the indictments to be transferred from the lower court.
Ruling of the court
The presiding judge after receiving submissions and countered submissions from both sides of the case, made a brief ruling, urging the prosecution to file an indictment against the accused persons on or before July 19th 2011. According to the High Court Judge, treason is an offence that goes into the heart of a nation; however, fair and speedy trials must be guaranteed. He therefore urged the DPP to file the indictment on or before the said date. The case was accordingly adjourned to July 19th 2011 for plea taking.
Author: by Sanna Jawara
|
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
|
|
| |
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
 |
|
|
Topic Locked
