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Momodou
Denmark
11681 Posts |
 Posted - 27 Jul 2006 : 16:01:04
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LAWYER DENTON RE-ARRESTED/RELEASED
By Surakata Danso
Mrs. Mariam Denton, a senior member of the bar, was released by the high court on Monday after spending 103 days in detention. Many felt this was the end of her ordeal. However while she was at her family home in Banjul rumours were rife that some of her relatives including her son were arrested. They were not released until she (Mrs. Denton) got to the police headquarters where she was rearrested.
At the time of going to press we gathered information that she has been released from custody by the security agents.
MARIAM DENTON’S APPLICATION GRANTED
Justice Monagen has released Mariam Denton on Monday (the 24th of July 2006).
In handing down judgment before a crowded Court room, Justice Monagen said the arrest and detention of the applicant (Mariam Denton) is unlawful and unconstitutional, since she was detained beyond 72 hours. Justice Monagen further indicated that section 19 of the constitution has made it categorically clear that when a person is arrested, he or she must be brought before a Court of competent jurisdiction within 72 hours of his arrest and detention.
Going through the arguments of the plaintiff’s counsel and the response of the State, Justice Monagen mentioned that all the competent governments must abide by International instruments such as . the Universal Declaration of Human Rights, The International Covenant on Civil and Political Rights and the African Charter. She said the aforesaid instruments are for the protection of the Liberty of individuals. She also upheld that the Armed Force Act, the NIA Decree and exhibit MD3, and MD4 are not an issue before the Court. She also opined that her court has jurisdiction to hear the prayers sought by the applicant (Mariam Denton), and therefore the issue of referring section 6 of the constitution to the Supreme Court does not arise and is not an issue before the court. She said sections 23, 26, 35, 36 and 99 of the Criminal Procedure Code are not issues before the Court.
Justice Monagen concluded her ruling by thanking the two sides. She then granted the prayers sought by the applicant. Shortly after the ruling, the Acting Director of Public Prosecutions, Emmanuel Fagbenleh, stood up and informed the Court that the State has preferred charges against Mariam Denton. Asked when the case was filed, Fagbenleh said, “Today,’’ (the 24th day of July 2006). He then applied for the charges to be read to her.
In response, Ida Drammeh opined that the court must not entertain the application sought by Fagbenleh, noting if it is entertained, it will encourage the flouting of the orders of the court. She went on to indicate that throughout the process of the hearing of the application, the State has not expressed its intention to charge the applicant. The judge however over ruled the application sought by Emmanuel Fagbenleh.
Source: Foroyaa Newspaper Burning Issue
Issue No. 57/2006, 26- 27 July, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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