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Momodou
Denmark
11832 Posts |
 Posted - 04 Jul 2007 : 19:26:46
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Foroyaa Editorial
MAGISTRATE JAWO STUNNED COURT
DEMONSTATION OF INDEPENDENCE OF THE JUDICIARY
The Director of Public prosecution appeared for the state and Counsel Lamin Jobarteh appeared for Fatou Jaw Manneh. The court was full to capacity. A witness appeared to be waiting to be called. The court clerk called the court to order. Fatou Jaw Manneh took her position.
The Magistrate opened his file and read what appeared as a decision to transfer the case for want of jurisdiction. The Magistrate gave reasons why he had to refer the case back to Banjul where most of the evidence is emanating from.
He closed his file and got up to leave. Caught by surprise the court clerk stood up to ask the court to rise for the Magistrate to leave. A stunned DPP remained silent. A stunned defence counsel rose to ask whether that was all. The Magistrate re-echoed his decision. Being in a state that one could safely describe as a no nonsense mood, the magistrate left the court with lightening speed. The stunned audience started to find out what the Magistrate had said.
In a way this is another delay. As the old saying goes justice delayed is justice denied.
In another way one is compelled to believe that the decision reflects the dictate of conscience and justice.
In short, courts are the guardians of the rule of law. Rule of law can never prevail in any society where there are no independent and impartial tribunals to interprete, administer and protect the law and where there are no law enforcement agents who enforce the law without fear or favour, affection or ill will. Section 120 of the Constitution subsection 3 states that “In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this constitution and the law and, save as provided in this chapter, shall not be subject to the control or direction of any other person or authority”.
Life and liberty are the most precious rights on earth. Those exercising judicial powers should know that the lives and liberties of accused persons are in their hands. Miscarriage of justice or its delay can cost life and liberty.
Wherever the life and liberty of the accused is at stake the courts should deliver justice expeditiously.
This is precisely why section 124 of the Constitution states that “It shall be the object of every court to deliver its decision expeditiously.”
Evidence should be given and final addresses made without delay. Judgments should follow without delay.
The Director of Public prosecutions is given immense powers to assist the courts to ensure speedy justice. Section 85 of the Constitutions empowers the office holder to initiate and undertake criminal proceedings, take over and continue any criminal proceedings and discontinue, any criminal proceeding initiated and undertaken at any stage before judgment is delivered.
The DPP should always be bound by the spirit of section 120 subsection 4 of the Constitution which states that “This government and all departments and agencies of the government shall accord such assistance to the courts as the court may reasonably require to protect their independence, dignity and effectiveness.”
In our view, proceedings should be undertaken when there is evidence to prove cases beyond reasonable doubt.
Once enough evidence is not available cases should be withdrawn to avoid the huge cost in material and human resources associated with such proceedings.
Delay in cases for want of diligent prosecution can cost an accuse person greater injustice than the wrong the person is alleged to have perpetuated. In that case, justice is served by discontinuing prosecution.
If any DPP operates by such principles justice will always be done and be seen to be done.
Source: Foroyaa Newspaper Burning Issue
Issue No. 77/2007, July 4 – 5 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 04 Jul 2007 : 20:08:40
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Easy to pick the long hand interference characteristic of Jammeh's lawless Gambia. In the name of existence, the Gambian legal system will still be stage show. But the behind-the-scene dirty hands will keep playing by a man (Jammay)who holds no respect for laws or life of others. There is no justice in keeping Fatou Jaw Manneh this long as way of pleasing this illegal coup maker calling himself July Revolutionary. He is not even an Armed Chair Revolutionary, in the least. This is high scale brutality. |
Karamba |
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bread man
300 Posts |
Posted - 04 Jul 2007 : 20:42:28
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| Karamba, I have said before that magistrate Jawo will do all he can to be un bias, cos thats his nature. he is not a cheat and will not be made one by forces beyond justice. I think his decission to transfer the case is very possitive for FJM. |
It is the mark of intelligence to entertain an idea without accepting it. |
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MADIBA
United Kingdom
1275 Posts |
Posted - 04 Jul 2007 : 20:45:05
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| Be rest assured that the Jawo i knew before was nobody's fool. And i think if the case was right for his court , he would have proceeded without fear or favour. |
madiss |
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bread man
300 Posts |
Posted - 04 Jul 2007 : 20:48:47
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| I agree with you Madiba, I have also known Jawo since childhood and you are right, thats probably what I wanted to say. |
It is the mark of intelligence to entertain an idea without accepting it. |
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toubab1020
12314 Posts |
Posted - 04 Jul 2007 : 20:53:05
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| I admire those magistrates who feel able to discharge thir duties without fear or favour in what for many of them are difficult circumstances. |
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Karamba
United Kingdom
3820 Posts |
Posted - 04 Jul 2007 : 20:54:36
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From the word go, those who knew Jawo projected him as man of higher esteem. If that comes to stand, he is to be respected. What is coming out of this case is nothing to stain Jawo. In real fact, Jawo is cleaning his hands for the best need to do so. The ugly hands of intereference is what we can all see cracking the hard floor of a court room. There is no sufficient intelligence to play the game as Jammeh prefers the laws twisted. |
Karamba |
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Karl
136 Posts |
Posted - 05 Jul 2007 : 00:37:48
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Every body know these magistrates are under pressure when it comes to cases involving the socalled agents of the state. However, to transfer the case at this crucial stage is beyond my understanding, why now? I will not counter any ones view of Magistrate Jawo as a decent man of respect, intergrity and high esteem. All that we are after is true Justice, in my view transfering this case can only bring about delay in the case, and hence leading to one out come, which is a denial of true justice.
Jawo, should see this case through to the end no matter what. It is a challenge to him to demonstrate those views expressed about him. He is a professional man, in a position to interprete the law accordingly despite then complex nature of the present oppressive enviroment within the system. It's a hard fact but, I can only give my praises to him, if he stand by his true self and serve justice for its worthy meaning. Fair on him to discharged himself from the case, if he cannot stand the system of " orders from above" but I think he will deserve more credit if only he gets to the bottom of the matter. This is my veiw. |
"People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster" J Baldwin |
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ylowe
USA
217 Posts |
Posted - 05 Jul 2007 : 01:51:03
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| Attorney Jobarteh told Magistrate Jawo at the beginning of the case that it was not within his jurisdiction and he proceed anyway. Why is he now deciding to throw it out of his court when he could have done this long time ago to avoid delayiance? Justice delayed is justice denied. |
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Karl
136 Posts |
Posted - 05 Jul 2007 : 02:57:36
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Thats right ylowe, you got the point. This is not to discredit or condemn Jawo, the magistrate. But why now? The fact of the matter should be only one thing, "Respect for rule of the law" which can only be interpreted in one way. As a magistrate, to stand firm on your grounds and deliver justice no matter what's on line for you. It will be understandable if he took this stand not to hear this case from the onset.
The link below gave good reasoning to formulate a point regarding this topic , interesting and compelling issues raised by Associate Editor of echo (M. K. Jallow) Please read through.
http://www.thegambiaecho.com/Homepage/tabid/36/articleType/ArticleView/articleId/594/Default.aspx |
"People who shut their eyes to reality simply invite their own destruction, and anyone who insists on remaining in a state of innocence long after that innocence is dead turns himself into a monster" J Baldwin |
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dbaldeh
USA
934 Posts |
Posted - 05 Jul 2007 : 08:30:44
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I do agree that Magistrate Jawo's actions are questionable here. If he stood up and defended his jurisdiction over the case from the begining, he could have finished it up. "Justice delayed is Justice denied". Fatou's time has wasted and the peoples' resources has wasted on a futile case.
Jawo could have been more manly and professional to dismiss the case as no case to answer. To wait this last hour and wash his hands off demonstrates bad judgement on his part. The whole world was watching this case and now he has proven that the case belongs to Banjul (state house) and not the justice system. Its a shame!!!
As I mentioned in an editorial "If it doesn't fit you must acquit" and it does't fit so whats the cowardice about???
http://www.gainako.com/fejango/Issue~069-2007/My_Homepage_Files/Page1.html
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Baldeh,
"Be the change you want to see in the world" Ghandi
Visit http://www.gainako.com for your daily news and politics |
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kobo
United Kingdom
7765 Posts |
Posted - 05 Jul 2007 : 15:33:42
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Related topics and integrated; FATOU JAW MANNEH’S CASE TRANSFERRED TO BANJUL MAGISTRATES’ COURT
under http://www.gambia.dk/forums/topic.asp?TOPIC_ID=3964
Thanks for the spirit of SIOLIDARITY, INDEPENDENCE (FREEDOM OF SOPEECHES), TESTS OF ETHICS, PROFESSIONALISM, JUSTICE, ACCOUNTABILTY, TRANSPARENCY $ PROBITY being manifested in this classic case between LIBERTY and ANARCHY (characterised by dictatorship, divide & rule policies and political harassments).
Would like to dedicate our SOLEMN NATIONAL ANTHEM FOR ALL OUR HEROES FIGHTING FOR STABILITY, PEACE, PROGRESS & PROSPERITY FOR THE GAMBIA OUR HOMELAND.
The Gambian National Anthem
Listen to it by clicking here
http://home.scarlet.be/~tsc63772/evolkslied.html
For The Gambia, our homeland,
we strive and work and pray,
That all may live in unity, freedom and peace each day.
Let justice guide our actions towards the common good,
And join our diverse peoples to prove man's brotherhood.
We pledge our firm allegiance, our promise we renew;
Keep us, great God of nations,
To The Gambia ever true! |
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Karamba
United Kingdom
3820 Posts |
Posted - 06 Jul 2007 : 00:22:36
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Kobo,
I find the tunes quite nice. Nicer than what I get when I am on the keyboards. Perhaps I need setting my tunes to get that blend.
On the issue of Magistrate Jawo, he goes more of a coward than hero. It is people in positions like that who keep us suffering this long. The legal fraternity in Gambia should call it quits. They have no job to do. |
Karamba |
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Santanfara
3460 Posts |
Posted - 06 Jul 2007 : 10:38:01
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| i am surprise that most members don't expect such outcome. the case may now be handed over the many foriegn judges who wouldn't hesitate to dump fjm in any prison cell. jawo may have realise he too like many don't really know yahya ,as i always state ,when people believe they can change him ,he show them that he in charge , he is the master .he is the be all end all .mr jawo welcome to yahya's gambia . where are all those intellectuals who where having the false notion that they can put some sanity in his concrete brain ? from sidat to the uncountable many .the man is so full of himself ,only blind people will stand by him. |
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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Karamba
United Kingdom
3820 Posts |
Posted - 15 Jul 2007 : 23:16:13
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Santanfara,
Chairman Jammeh is a decaying element. He plaques everything around him. |
Karamba |
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