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jambo
3300 Posts |
 Posted - 28 Sep 2007 : 15:08:26
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http://www.thepoint.gm/Editorial379.htm
The Law Has Taken Its Course
Thursday 27th September 2007
Tabara Samba, the woman who poured hot oil on her husband, which is believed to have led to his death, will have to die. That is the final verdict of Pa Harry Jammeh of the Kanifing Magistrate’s Court. She has been standing trial since March when her husband passed away.
Public opinion is divided on the judgement. There are those who argue that the court was right to have pronounced the death sentence on her to deter others from committing a similar act. By contrast, others opine that the court should have shown leniency by sentencing her to life imprisonment. If a crime is committed and the alleged criminal is found guilty by a competent court of law, the criminal has to face the music. There are no two ways. Tabara Samba’s fate illustrates the fact that there is no escaping responsibility for one’s actions.
We insist that rather than playing the feminist’s card, or appealing to sentiments, the general public, especially women, should learn from this tragic incident. They should learn that marital disputes could be amicably settled without recourse to dreadful means. They should learn that life is give and take; trying to have one’s way all the time can trigger nastiness and tragedies.
It also spells the need for effective communication in any relationship. If spouses engage in heart -to-heart discussions from time to time, they can spot areas of possible friction and then work hard to iron them out. And when relationships or marriages are crumbling, despite the best efforts of either party to keep it stable, one of them should have the good sense to opt out in honour and without acrimony.
With Tabara Samba, there might be no opportunity to learn from her action. That is why it is said it can be fatal to learn from one’s own mistake. But for others, particularly those who are enmeshed in unpleasant relationships or marriages, they would be wise to weigh their options right now before their pent-up anger explodes and leads them down the path of doom.
THE FREEDOM FORUM
“Thwackum was for doing justice and leaving mercy to Heaven”.
Henry Fielding
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kiwi
Sweden
662 Posts |
Posted - 28 Sep 2007 : 16:29:19
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| Although the death sentence is pronounced it still could be converted to life inprisonment, I suppose. The Gambia has not practised death sentence for a long time, hasn´t it? |
kiwi |
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tapalapa
United Kingdom
202 Posts |
Posted - 28 Sep 2007 : 23:32:58
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Jambo,
I am saddened by your belief and support that a person should die for their actions - "with no room for sentiments" Your lack of respect for life also saddens me.
You assume the woman acted in anger- how did you come to this conclusion ? - she may have re acted through fear.
2 women a week in the UK are murdered by their partners through domestic violence.
Some women react by killing their partners through fear that they will die- your suggestion that couples should have a heart to heart to get over difficulties is not an option if Domestic Violence is occuring- keep it real Jambo- no time for sentiments like this !
I have seen a wealth of domestic violence in The Gambia-It is generally accepted that men can behave violently towards their partners with no rights through the courts.........
What if she reacted through fear for her life- what would you do in this situation ???
Maybe you could enlighten us on why she did it - I would be very interested
I am also interested to know why you do not seem to like feminsim ?
Tapa |
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Momodou
Denmark
11712 Posts |
Posted - 28 Sep 2007 : 23:36:54
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Tabara Samba Faces Death For Murder
By Fabakary B.Ceesay
Madam Tabara Samba who was standing trial for allegedly murdering her husband, Mr. Ebrima Nyan by pouring hot oil on him while he was in bed sleeping, was on Wednesday 26 September convicted and sentenced to death by Magistrate Pa Harry Jammeh of the Kanifing Magistrates Court.
The judgement was delivered before a crowded court. Enthusiastic onlookers who were eager to hear the verdict stood next to the windows and at the vereanda of the court room. The Inspector General of police represented the state while Lawyer Amie Joof Conteh and Lubna Farrage represented the defence. The accused was holding prayer beads in her hand and murmuring words. She was asked to sit down when Magistrate Jammeh started reading his two-hour marathon judgment.
Jammeh said the accused is charged with murder contrary to section 187 of the criminal code. He adduced that the prosecution has called ten witnesses and tendered exhibits, which includes, photos, cautionary statement, statement of the deceased and a medical certificate. He noted that the defence called two witnesses, the accused and her brother. Magistrate Jammeh dwelt on the evidence before the court. He asserted that the totality of the evidence before him is that the prosecution has proved their case beyond all reasonable doubt. He said there are two terminologies that emerged in the case that are pouring and splashing. He said the two words deferred in meaning. Jammeh said the accused has admitted splashing hot oil on the deceased because she was provoked by the deceased. He asserted that the accused might have been provoked to the point of losing control of herself. He noted that a spoon full of hot oil or even 380ml of hot oil couldn't do such a severe harm to the whole body of the deceased. "By watching these photos of the burnt body of the deceased one cannot believe it is a spoonful of hot oil." He said there are clear indications on the photos that the deceased was lying down instead of standing as claimed by the accused. "I have no doubt that the deceased told the truth that it was the accused who poured hot oil on him while he was in bed. It was the intention of the accused to cause bodily harm to the deceased. The accused said she has been cooking since at a tender age. She is in a better position to know the consequences of pouring hot oil on somebody. "I hereby convict you on section 198 of the criminal code, laws of The Gambia", pronounced Jammeh.
Mitigating on behalf of the accused, counsel Amie Joof Conteh said Madam Tabara Samba is a 42 year old who represents the voice of every woman in marriage, who are at some point provoked, beaten and abused in their matrimonial homes. Counsel Joof Conteh said some women are strong enough to endure the hardships they encounter while others are weak. "Tabara Samba is among the weak ones who retaliated". Mrs. Joof Conteh pointed out that no woman has an intention to go into marriage to kill her spouse. She noted that the court knows without doubt that the accused was remorsed throughout the trial. "What has happened, has happened. We are urging on the most compassionate part of the court to have mercy on her. She was a devoted wife who mothered three sons all serving in the service."
A bad mother would not be able to raise such number of children in marriage. No marriage is perfect, no man is perfect and no woman is prefect. We urged the court to convict her with mercy," said Mrs. Conteh.
Magistrate Jammeh lamented that during the trial the accused has alleged that she was put in cell alongside men for days without charges preferred against her. He said the accused is a human being and entitled to her human rights. He then ordered the IGP to mount an investigation into the matter. Magistrate Jammeh pronounced the verdict , noting that it was difficult for him to deliver the judgment in the matter. He said he had observed the accused throughout the trial, that she had shown remorse but that her actions are inhuman. "Your actions were deplorable, disgraceful, dishonourable, distressing and unpity. You are a deceitful personality who can create nightmares for men. My hands are tied. I hereby convict and sentence you to death in line with section 18-2 of the constitution of The Gambia" said Magistrate Jammeh.
When the magistrate rose, people started arguing about the verdict. Madam Samba stood motionless in the dock with her head bowed down. She stood in the dock until the crowd dispersed from the courtroom before she disembarked with tears rolling down her cheeks.
Source: Foroyaa Newspaper Burning Issue
Issue No. 114/2007, 28 - 30 September, 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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gambiabev
United Kingdom
3091 Posts |
Posted - 28 Sep 2007 : 23:47:18
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There is a truth to the idea that marriage is good for men and unhealthy for women.
Across the world women are abuse, raped, attacked, verbally assulted etc...Not by a STRANGER, but by their husbands.
If the womens educated and independent this is slightly LESS likely to happen, but if a women has no independent means then she is a slave to her husbands moods and emotions.
If someone is living in an emotionally charged environment everyday, every person has their breaking point.
I dont condone the way the husband died. She would have been better to leave him, but that isnot always possible. In this situation many more women commit suicide than murder.
I hope the court takes into acount the full facts and will issue a prison sentence. |
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gambiabev
United Kingdom
3091 Posts |
Posted - 28 Sep 2007 : 23:48:50
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| I would like to communiate with Mrs Samba. Does anyone have any contact details? |
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jambo
3300 Posts |
Posted - 29 Sep 2007 : 11:06:08
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OY YOU TAPALAPA, ARE YOU STUPID, WHT IS IT IN THIS THAT YU THINK IT IS ME, I COPIED IT FROM THE NEWSPAPER.
LOOK AT THE FIRST LIN WWW.THEPOINT.GM.
i asked a question does Gambia still have the death sentence. |
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tapalapa
United Kingdom
202 Posts |
Posted - 29 Sep 2007 : 22:52:25
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OK Jambo, I understand from your latest post now that you posted something you extracted from the Point Newspaper -It looks like you wrote it- ok so you put www.thepoint.gm etc, but that doesn`t necessarily mean the piece underneath your heading was extracted from it- Please explain that u extracted pieces from soewhere else. in future,to avoid misunderstandings,
Then stupid people will not think you wrote it.
Tapa
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Lily
United Kingdom
422 Posts |
Posted - 30 Sep 2007 : 00:34:48
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Personal misunderstandings, not withstanding, at the end of the day - I have to stand up and be counted.
I AM ANTI DEATH PENALTY. FULL STOP.
This particular case I do not think warrants the death penalty - and, even if it did (according to the country's law) I would still be against it.
It seems to me that no man (or woman) has the right to take another's life.
Sorry.
There are some fundamental principles by which I lead my life - and I believe in - ... |
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anna
Netherlands
730 Posts |
Posted - 30 Sep 2007 : 10:03:01
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| I'm with you, Lily! |
When an old African dies, it is as if a whole library has burnt down.
Amadou Hampate Ba (Mali) |
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tapalapa
United Kingdom
202 Posts |
Posted - 30 Sep 2007 : 14:35:59
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Yes, very sorry for this misunderstanding Jambo- Glad to know u don`t hold the view of the writer in the newspaper.
Tapa |
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turk
USA
3356 Posts |
Posted - 30 Sep 2007 : 14:45:53
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jambo
Have you ever heard the term called "social intellegience"? |
diaspora! Too many Chiefs and Very Few Indians.
Halifa Salah: PDOIS is however realistic. It is fully aware that the Gambian voters are yet to reach a level of political consciousness that they rely on to vote on the basis of Principles, policies and programmes and practices. |
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jambo
3300 Posts |
Posted - 01 Oct 2007 : 09:54:39
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okay i am back, i wrote what i did because it was a reaction, because I thought that people would read it and know it was a posting from the point, also i put the web site for the point so that people could go there and read it .
SO ALL MISUNDERSTANDINGS ARE OVER. THIS WAS NOT WRITTEN BY ME. I AM AGAINST THE DEATH SENTENCE. ARE WE ALL CLEAR.
secondly can anyone answer my question or did people not read that sentence. |
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jambo
3300 Posts |
Posted - 01 Oct 2007 : 10:02:26
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turks, "social intelligence", please explain |
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kayjatta
2978 Posts |
Posted - 01 Oct 2007 : 10:10:18
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| I think life imprisonment is enough punishment in this case; the death penalty shiould be stayed,as it's been nearly the tradition in the Gambia, for God's sake... |
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Prince
507 Posts |
Posted - 01 Oct 2007 : 10:42:47
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OK, I'll play devil's advocate here. The woman was found guilty of killing.Therefore, she should be "hanged until death". Playing the feminist card to justify murder is cruel and could have easily lead to a miscarriage of justice.
We are talking about a 42year old woman here, if she wasn't happily married, she should have walked away. I firmly believe that should be an easier choice than the calculated act of killing a sleeping man.
The death penalty shouldn't be stayed, that would be very costly to tax payers. The resources use for keeping such dangerous criminals can be use to train nurses, pay tuition for students from humble backgrounds or better still train kindergarten teachers.
Gambia doesn't have the resources to be keeping murderers alive in jails! Hanging Tabara would reaffirm the right of life, because it punishes her in the strictest form. Life imprisonment isn't deterrent enough.
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