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kondorong
Gambia
4380 Posts |
 Posted - 06 Jun 2007 : 23:56:46
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quote:
Originally posted by Momodou
There is a Musa Suso former APRC National Assembly member who is serving a jail sentence for drug trafficking. He was sentenced to eight years in prison for two suitcases containing 46kg 540 grammes of cannabis.
Read more on Musa Suso, Ndeneh Faal jailed on drug charges -full text (Daily Observer).
Nyaringbanna
How do you equate 2 suitcases of the same drug punishable for 8 years imprisonment and that of Mr. Jammeh with 4 kilos for ten years.
Besides Musa Suso with 2 suitcases is infact a memeber of the National Assembly who should know better and atleast had the means of sustenance.
Two wrongs dont make a right but fairness in sentencing must be upheld by all. We need Justice and nothng less. |
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kondorong
Gambia
4380 Posts |
Posted - 06 Jun 2007 : 23:56:46
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quote:
Originally posted by Momodou
There is a Musa Suso former APRC National Assembly member who is serving a jail sentence for drug trafficking. He was sentenced to eight years in prison for two suitcases containing 46kg 540 grammes of cannabis.
Read more on Musa Suso, Ndeneh Faal jailed on drug charges -full text (Daily Observer).
Nyaringbanna
How do you equate 2 suitcases of the same drug punishable for 8 years imprisonment and that of Mr. Jammeh with 4 kilos for ten years.
Besides Musa Suso with 2 suitcases is infact a memeber of the National Assembly who should know better and atleast had the means of sustenance.
Two wrongs dont make a right but fairness in sentencing must be upheld by all. We need Justice and nothng less. |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 06 Jun 2007 : 23:57:01
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Musa Suso receives an 8 year sentence for 11.5 times the amount of Ganja, whereas Lamin jammeh receives a 10 years for 4kg of it. The judgement is severely flawed.
Peace
Sister Omega |
Peace
Sister Omega |
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Sister Omega
United Kingdom
2085 Posts |
Posted - 06 Jun 2007 : 23:57:01
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Musa Suso receives an 8 year sentence for 11.5 times the amount of Ganja, whereas Lamin jammeh receives a 10 years for 4kg of it. The judgement is severely flawed.
Peace
Sister Omega |
Peace
Sister Omega |
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kondorong
Gambia
4380 Posts |
Posted - 07 Jun 2007 : 01:27:05
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| Sister i think then Musa should get 11.5x10=115 years if this sentence is anything to go by. |
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kondorong
Gambia
4380 Posts |
Posted - 07 Jun 2007 : 01:27:05
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| Sister i think then Musa should get 11.5x10=115 years if this sentence is anything to go by. |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 07 Jun 2007 : 18:02:44
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My I also say that your so called "administrative" classification if true, unfortunately reflects the competence of the magistrate and his ability to take on more important and complex legal cases. Therefore, what seems "administrative" in your judgment is infact nothing less than an indication of judicial dispensation and competence. Tell me, therefore if the alleged "administrative" classification is not in fact a core integer of that process of building capacity which is directly reflected in legal opinions by Magistrates and Judges, which inadvertently, may be grounds for appeals in higher courts or be basis for precedence.
Kondonrong, the phrase i used is 'jurisdictional competence' I think you need to know what that means. My previous posting does provide a better explanation. What i was trying to expose is a grave deficit in the administration of justice in the Gambia. I stated that sentencing powers normally provides room for discretion which can lead to variance in Magistrate court sentencings. I further stated that as long as the magistrate's discretion is within his remits and it is not fettered, it is not illegal. I further stated, because magistrates exercise this power of discretion differently, which is pretty obvious, that is why sentencings are not always uniform and suggested that a sentencing guidline akin to that we have in the UK should be introduced in the Gambia to tackle the problem. The bottom line of my argument is, no matter how unfair you might think this sentence is, as long as Magistrate Mbaye did not exceed his sentencing powers and have not allowed his discretion to be fettered, legally speaking he is done nothing wrong.
As for the political bit, I don't normally shy from that topic but i do not beleive this topic is any relevant to the UDP/NADD Politics. I suggest you wait or initiate one and you will meet me right in the middle.
For your information, I do not know and have never met Edirissa Mbaye. The only thing I know about him, apart from being a magistrate, is that he is the son of Fafa Mbaye, a man who had being disgraced and made homeless by Jammeh.
I rest my case
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 07 Jun 2007 18:24:28 |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 07 Jun 2007 : 18:02:44
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My I also say that your so called "administrative" classification if true, unfortunately reflects the competence of the magistrate and his ability to take on more important and complex legal cases. Therefore, what seems "administrative" in your judgment is infact nothing less than an indication of judicial dispensation and competence. Tell me, therefore if the alleged "administrative" classification is not in fact a core integer of that process of building capacity which is directly reflected in legal opinions by Magistrates and Judges, which inadvertently, may be grounds for appeals in higher courts or be basis for precedence.
Kondonrong, the phrase i used is 'jurisdictional competence' I think you need to know what that means. My previous posting does provide a better explanation. What i was trying to expose is a grave deficit in the administration of justice in the Gambia. I stated that sentencing powers normally provides room for discretion which can lead to variance in Magistrate court sentencings. I further stated that as long as the magistrate's discretion is within his remits and it is not fettered, it is not illegal. I further stated, because magistrates exercise this power of discretion differently, which is pretty obvious, that is why sentencings are not always uniform and suggested that a sentencing guidline akin to that we have in the UK should be introduced in the Gambia to tackle the problem. The bottom line of my argument is, no matter how unfair you might think this sentence is, as long as Magistrate Mbaye did not exceed his sentencing powers and have not allowed his discretion to be fettered, legally speaking he is done nothing wrong.
As for the political bit, I don't normally shy from that topic but i do not beleive this topic is any relevant to the UDP/NADD Politics. I suggest you wait or initiate one and you will meet me right in the middle.
For your information, I do not know and have never met Edirissa Mbaye. The only thing I know about him, apart from being a magistrate, is that he is the son of Fafa Mbaye, a man who had being disgraced and made homeless by Jammeh.
I rest my case
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I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 07 Jun 2007 18:24:28 |
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kondorong
Gambia
4380 Posts |
Posted - 07 Jun 2007 : 18:46:47
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quote:
Originally posted by Nyarikangbanna
My I also say that your so called "administrative" classification if true, unfortunately reflects the competence of the magistrate and his ability to take on more important and complex legal cases. Therefore, what seems "administrative" in your judgment is infact nothing less than an indication of judicial dispensation and competence. Tell me, therefore if the alleged "administrative" classification is not in fact a core integer of that process of building capacity which is directly reflected in legal opinions by Magistrates and Judges, which inadvertently, may be grounds for appeals in higher courts or be basis for precedence.
Kondonrong, the phrase i used is 'jurisdictional competence' I think you need to know what that means. My previous posting does provide a better explanation.
As for the political bit, I don't normally shy from that topic but i do not beleive this topic is any relevant to the UDP/NADD Politics. I suggest you wait or initiate one and you will meet me right in the middle.
For your information, I do not know and have never met Edirissa Mbaye. The only thing I know about him, apart from being a magistrate, is that he is the son of Fafa Mbaye, a man who had being disgraced and made homeless by Jammeh.
I rest my case
Unless you have another definition of Jurisdictional competence, which no one knows, please define it for a lay man like me. I am ready to learn from you.
Of course he is a magistrate and has the jurisdictional competence to sit in a magistrate court. However, having a jurisdictional competence which is just another term for legally and constitutionally appointed to hold an office, does not necessarily translate to technical competence. It’s very similar to the saying "square pegs in round holes.
Let me make it clear, I am not saying he is incompetent but only defining jurisdictional competence and how that may infact not be a good basis to fall for a legal opinion by a judge or magistrate.
That is why, grounds for appeal are provided in the statutes even though judges and magistrates have jurisdictional competence to adjucate and also recognizing that the learned persons can err in law and judgment.
Jurisdictional competence is just as simple as holding an office through the right procedure. I have no traing in law and if appointed a judge now, I will also have a jurisdictional competence but am I technically competent? No. Let’s assume I have a law degree. Does that make me infallible? No. So jurisdictional competence is simply like the shadowy dream of a visionary which can only come to fruition when backed by technical competence.
It’s in this vein we have a Supreme Court to hear appeals against the very judges and magistrates who infact have "jurisdictional competence" to hear cases at their level and sometimes their judgments are reversed.
Let’s not play with words and try to confuse people. You very much sound like a lawyer. I am not. I am just a historian and only interested in facts.
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kondorong
Gambia
4380 Posts |
Posted - 07 Jun 2007 : 18:46:47
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quote:
Originally posted by Nyarikangbanna
My I also say that your so called "administrative" classification if true, unfortunately reflects the competence of the magistrate and his ability to take on more important and complex legal cases. Therefore, what seems "administrative" in your judgment is infact nothing less than an indication of judicial dispensation and competence. Tell me, therefore if the alleged "administrative" classification is not in fact a core integer of that process of building capacity which is directly reflected in legal opinions by Magistrates and Judges, which inadvertently, may be grounds for appeals in higher courts or be basis for precedence.
Kondonrong, the phrase i used is 'jurisdictional competence' I think you need to know what that means. My previous posting does provide a better explanation.
As for the political bit, I don't normally shy from that topic but i do not beleive this topic is any relevant to the UDP/NADD Politics. I suggest you wait or initiate one and you will meet me right in the middle.
For your information, I do not know and have never met Edirissa Mbaye. The only thing I know about him, apart from being a magistrate, is that he is the son of Fafa Mbaye, a man who had being disgraced and made homeless by Jammeh.
I rest my case
Unless you have another definition of Jurisdictional competence, which no one knows, please define it for a lay man like me. I am ready to learn from you.
Of course he is a magistrate and has the jurisdictional competence to sit in a magistrate court. However, having a jurisdictional competence which is just another term for legally and constitutionally appointed to hold an office, does not necessarily translate to technical competence. It’s very similar to the saying "square pegs in round holes.
Let me make it clear, I am not saying he is incompetent but only defining jurisdictional competence and how that may infact not be a good basis to fall for a legal opinion by a judge or magistrate.
That is why, grounds for appeal are provided in the statutes even though judges and magistrates have jurisdictional competence to adjucate and also recognizing that the learned persons can err in law and judgment.
Jurisdictional competence is just as simple as holding an office through the right procedure. I have no traing in law and if appointed a judge now, I will also have a jurisdictional competence but am I technically competent? No. Let’s assume I have a law degree. Does that make me infallible? No. So jurisdictional competence is simply like the shadowy dream of a visionary which can only come to fruition when backed by technical competence.
It’s in this vein we have a Supreme Court to hear appeals against the very judges and magistrates who infact have "jurisdictional competence" to hear cases at their level and sometimes their judgments are reversed.
Let’s not play with words and try to confuse people. You very much sound like a lawyer. I am not. I am just a historian and only interested in facts.
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Santanfara
3460 Posts |
Posted - 07 Jun 2007 : 22:04:28
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| hmmm , all i see is babulagulola or gulobulaba here. both nyari and alpha kondo are translating the same thing but with different word usage. lets move on . |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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Santanfara
3460 Posts |
Posted - 07 Jun 2007 : 22:04:28
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| hmmm , all i see is babulagulola or gulobulaba here. both nyari and alpha kondo are translating the same thing but with different word usage. lets move on . |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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Santanfara
3460 Posts |
Posted - 07 Jun 2007 : 22:07:58
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quote:
Originally posted by Sister Omega
Musa Suso receives an 8 year sentence for 11.5 times the amount of Ganja, whereas Lamin jammeh receives a 10 years for 4kg of it. The judgement is severely flawed.
Peace
Sister Omega
sister omega ,the issue about musa suso is that he was a sitting member of parliament .the 8 years is too small . how can an mp deal in drugs ? be it ganja or indian hem. drug is drug. musa should have known better .he was a policeman . |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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Santanfara
3460 Posts |
Posted - 07 Jun 2007 : 22:07:58
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quote:
Originally posted by Sister Omega
Musa Suso receives an 8 year sentence for 11.5 times the amount of Ganja, whereas Lamin jammeh receives a 10 years for 4kg of it. The judgement is severely flawed.
Peace
Sister Omega
sister omega ,the issue about musa suso is that he was a sitting member of parliament .the 8 years is too small . how can an mp deal in drugs ? be it ganja or indian hem. drug is drug. musa should have known better .he was a policeman . |
Surah- Ar-Rum 30-22
"And among His signs is the creation of heavens and the earth, and the difference of your languages and colours. verily, in that are indeed signs for men of sound knowledge." Qu'ran
www.suntoumana.blogspot.com |
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kobo
United Kingdom
7765 Posts |
Posted - 08 Jun 2007 : 12:50:23
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Integrating topic harsh sentences for the following part 1under http://www.gambia.dk/forums/topic.asp?TOPIC_ID=3760
Thanks Kondorong for your inputs. The issue is this sentence is really harsh and no politics can defend this as JUSTICE seen to be done. That leds me back to the family ties and personalities of the magistrate. His dad Lawyer Fafa Mbai encountered a dramatic case of drug trafficking during Jawara days with Ebou Khan, who was son of a fearful Chief of Kuntair. He tried him and before sentencing the Cheif threatened that no-one would sent his son to jail. Fafa came in the early hours of the morning climbed through the walls and entered through the windows and santioned Ebou to be brought for sentencing immediately. The drama was interesting and he gave him Five years in those days and lots of noise was going on in town. That made Fafa Mbai what he is considered today. The son is also trying to boost that popularity of HARSHNESS.
On the political front there was a Presidential degree about drugs for prosecution and sentencing. Can we do further research on the punishment please?
Thanks to evrybody who rasied their concerns. |
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