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kobo
United Kingdom
7765 Posts |
 Posted - 04 May 2013 : 11:51:01
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1. RELATED BANTABA TOPIC Law on Giving False Information to Public Officer
2.MAAFANTA NEWS;
3. FOROYAA BURNING ISSUES NEWS;
"1 May 2013
Attorney General and Minister of Justice
Attorney General’s Chambers
Marina Parade
Banjul
ON THE PENDING CASES REGARDING FALSE INFORMATION TO THE PRESIDENT
Your noble profession emerged from the realisation that the unalloyed justice must be derived from careful weighing and balancing of law and fact to separate the grain of truth from the chaff. This is inconceivable without the codification of laws aimed at protecting persons and society at large and ensuring that accused persons develop greater faith in a criminal justice system by knowing what they are accused of and being presumed innocent before one’s trial and given a fair hearing to determine one’s innocence or guilt. The guards and fences of law prevent the intrusion of impunity and protect due process. It is therefore incontrovertible that one cannot be justly found guilty of a crime that does not exist in law.
You may recollect that we have performed our civic duties by questioning ad infinitum the prosecution of petitioners who conveyed their grievances to the President under Section 114 of the Criminal Code. Letters have been written and articles published in that regard.
We have argued that even though the law itself needs repealing because of the confidentiality of official correspondence and the existence of defamation laws, the breach of which could be addressed by the courts in its civil jurisdiction, if any fabrication becomes a public matter or if any aggrieved person challenges any false allegation in a court of law for redress. The crux of the matter, however, is that there is no legal basis for preferring charges and prosecuting a person under section 114 for addressing a letter to the President.
The Constitution has made it very clear that Public servant means “a person holding an office in the public service, a person in the service of a local government authority and a person in the service of a public enterprise.”
The interpretation Act solidifies the meaning in asserting that Public Officer means “a person in the Permanent or temporary employment of the Government of the Gambia.”
Such definitions given in their relevant context have ruled out any grounds to include the President among the Public servants mentioned under Section 114.
It is worth mentioning that it is a display of honesty on the part of your Ministry to acknowledge this fact in the following words, in laying bare the object and reasons for introducing a motion at the National Assembly, to amend Section 114 of the Criminal Code.
It reads:
“To ensure effective administration of the criminal justice system and specifically, section 114 of the Criminal Code which creates the offence of giving false information to a public officer is found to be grossly inadequate to the extent that sections 164 and 167 of the 1997 Constitution of the Republic of the Gambia exclude the President ,Vice President ,Speaker, or Deputy Speaker of the National Assembly, Ministers or member of the National Assembly , etc from the definition of “public officer” and therefore outside the contemplation of Section 114 of the Criminal Code.
“It is pertinent that the amendment to the Criminal Code be made to reflect the current socio-political realities.”
The purpose for writing is simple. It is to invite you to display the same honesty you have shown to bring the amendment to the fore by advising the President to grant unconditional pardon to all those who have been convicted and sentenced for addressing letters to the president that were considered to be false and then file Nolle prosequi to facilitate the discharging of all those who are currently on trial in connection with letters addressed to the President.
It is a precept of your noble profession that justice must not only be done but must be seen to be done. Those people who the law made innocent before the amendment is passed and poised to be assented to and published in the Gazette, cannot be deprived retroactively of their vested or acquired right to be presumed innocent until they are proved or have pleaded guilty of an offence.
This is the dictate of Section 100 of the Constitution. Where there was no offence there could be no guilt. This is trite law backed by Section 24 Subsection (5) of the Constitution. It states: “No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence …”
If the principles of the Constitution are to be upheld and miscarriage of justice averted, your attempt to substitute impunity and arbitrariness with legality must be circumscribed by magnanimity in redressing the injuries caused by the misinterpretation and misapplication of Section 114 of the Criminal Code.
Integrity is gained by matching precepts with practice. Your declared aim is to ensure the effective administration of the criminal justice system. This is inconceivable without undiluted adherence to the dictates of just laws and time tested precedence.
We look forward to your careful and timely consideration of our proposals.
Yours In the Service of the People
Halifa Sallah
Secretary General"
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Edited by - kobo on 04 May 2013 11:52:59 |
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