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Momodou
Denmark
11824 Posts |
 Posted - 20 Mar 2007 : 13:52:34
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TRIAL OF SENEGALESE CUSTOMS OFFICERS
By Fabakary B. Ceesay
Antouman Gaye, counsel for the five Senegalese customs officers who are standing trial at the Kanifing Magistrate Court, on Thursday has presented a document in court said to be containing a relevant treaty entered into by the Gambia and Senegal.
Mr. Gaye mentioned three provisions of the treaty which guarantees mutual understanding between the two countries. The three provisions are the judicial convention, maritime boundaries and limitations agreement. Mr. Gaye appealed to the court to give him time to talk to his clients within the court premises. But the state counsel A.S Umar objected, and said the application should be rejected based on security reasons. Counsel Gaye said the law accords certain rights to accused persons to talk to their lawyers. Magistrate Jammeh ruled that the law does not accord right to accused persons to talk to their lawyers in the court premises. He added, "with regards to your application, I will ask the police to be near you so that they will hear what you will discuss with them." Gaye said "this is not a security matter, these people are under your jurisdiction, they are not under the jurisdiction of any police officer unless they leave the court premises. I have been practicing law for 30 years but I have never seen any law that prevents lawyers from talking to their clients." Magistrate Jammeh ruled that he has high regards for Mr. Gaye, but the only convenient place for him to talk to his clients is the prison. Earlier on, Counsel Gaye told the court that one of the five accused persons needs to undergo a medical checkup. He reminded the Magistrate that the prison authorities are defying his orders to take the man for treatment. The Magistrate again ruled that the sick person should be taken to hospital for a medical checkup. The five Senegalese customs officers are standing trial for allegedly bringing fire arms into the Gambia's territorial waters without lawful authority.
Source: Foroyaa Newspaper Burning Issue
Issue No. 32/2007, 19 - 20 March 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11824 Posts |
Posted - 28 Mar 2007 : 18:18:42
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SENEGALESE CUSTOMS OFFICIALS GRANTED BAIL
By Bubacarr K. Sowe
Five Senegalese nationals, standing trial on fire arms charges, were on Monday granted bail by the Kanifing Magistrate Court presided by Magistrate Pa Harry Jammeh.
Magistrate Jammeh said that each of the accused persons should provide two Gambian sureties with landed property in the Greater Banjul Area. The five accused persons, Serigne Ngum, Pap Drammeh, Saidou Cham, Yusu Jobe and Alieu Cham are charged with "possession and importation of fire arms into The Gambia", to which they have pleaded not guilty.
Antouman Gaye, defence counsel renewed his application for bail arguing that it was fifty days, then (26th March), since the accused persons had been in custody and that they had been locked up in cells for twenty four hours.
Mr. Gaye added that one of the accused persons who was reported sick had not seen a medical doctor. He also said that another one, Serigne Ngum, was showing signs of illness and might be suffering from beriberi.
Mr. Gaye submitted that despite orders made by the court for the sick accused person to see a doctor, the prison authorities had defied the order.
Magistrate Jammeh, therefore, granted the accused persons bail and ordered the officials escorting the accused persons to court to allow them access to medical facilities.
Cross Examination
Under cross examination, Warrant Officer Class 2 and Regimental Sergeant Mayor (Wo2/RSM), Cherno Jobe, told the court that he could not remember the time they apprehended the accused persons, but that they were called over the phone between 10:00 to 10:30. RSM Cherno Jobe said that he had been serving in the navy for 19 years, initially under the Marine Unit.
Jobe narrated that their naval base was informed by a caller in Denton Bridge that the accused persons were in Gambian territorial waters, and that was what prompted them to chase them to ashore at Bakau.
He said that they took permission from the accused persons and searched them. He continued to say that the suspects did not resist, threaten or obstruct their searching.
RSM Jobe also said that he recognised that one of them was wearing a Senegalese customs uniform, but the remaining four, he said, claimed they are civilians.
Jobe said in court that he remembered the sinking of a Senegalese vessel 'La Jola' which claimed hundreds of lives few years ago. He said that The Gambia Navy was very helpful in the rescue efforts.
Jobe acknowledged that the Senegalese President thanked his Gambian counterpart and the navy for their aid. The RSM officer said he was even decorated following their efforts to rescue the crew.
Testifying further, Jobe said that arms and ammunitions were found in a bag in the Senegalese boat, but none of the accused persons was armed. For them, Jobe said, they were armed on board the GPV Sulayman Jungkung boat but did not use it against the suspects.
Jobe added that he told the suspects they were in Gambian territorial waters and the accused persons did confess being in Gambian waters.
Asked whether he is a navigator, Mr. Jobe responded in the negative. Asked again whether he could tell that they were doing in Gambian territorial waters, since he is not a navigator, the RSM still maintained his response.
The prosecution was represented by N. Sarr. The case was adjourned to a later date.
Source: Foroyaa Newspaper Burning Issue
Issue No. 36/2007, 28-29 March, 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11824 Posts |
Posted - 01 Apr 2007 : 16:20:07
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“Court Lacks Jurisdiction” – Says Counsel
By Bubacarr K. Sowe
Antouman Gaye, counsel for the five Senegalese nationals standing trial on fire arms charges, on Thursday, urged the Kanifing Magistrates’ Court to recuse itself from hearing the case and discharge the accused persons. He said the court does not have jurisdiction to hear the matter. The accused persons, Serigne Ngum, Pap Drammeh, Saidou Cham, Yusu Jobe and Alieu Cham are charged with “Possession and importation of fire arms into The Gambia.” They pleaded not guilty to the charges that are preferred against them.
Appearing before Magistrate Pa Harry Jammeh, Mr. Gaye urged the court to set aside the charges against the accused persons, noting that the boat they were arrested with also belongs to the Senegalese government. The defence tendered a certificate from the Senegalese High Commission in Banjul that the boat belongs to their government. He also tendered a statement written by the High Commissioner to the Gambia Department of State for Foreign Affairs indicating that the boat is a property of the Senegalese government.
Because of the peculiar circumstances of the matter, Gaye said Gambian courts lack jurisdiction over the case. He added that the Gambia and Senegal respect each other’s sovereignty and have exchanged ambassadors.
Mr. Gaye cited numerous cases to support his argument. He also gave reference to the United Nations Convention on the Laws of the sea, arguing that the Gambia cannot exercise its criminal jurisdiction over a foreign vessel that traverse its waters. He added that there are exceptions, but it does not apply to this matter in court.
Mrs. N.B Jones-Nebo, who appeared for the prosecution said she is surprised that the defence who were expected to cross-examine the prosecution’s witness, did not proceed.
Mrs. Jones-Nebo did not object to Gaye’s application, but observed that her colleague, Merley Wood is more familiar with the matter. She said that the defence should have come up with this argument sometime later in the case.
The state counsel applied for an adjournment to enable her study the plethora of the cases, Mr. Gaye cited. The presiding Magistrate then deferred the matter to April 5th for continuation.
Source: Foroyaa Newspaper Burning Issue
Issue No. 37/2007, 30th March – 1st April 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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