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kayjatta
2978 Posts |
 Posted - 01 Oct 2007 : 11:11:02
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Excuse me Prince, you cannot "reaffirm the right of life" by indulging in killing another. This is the most absurd statement i have ever heard.There are several reasons that makes the death penalty controversial:
1.Research has shown that it is ineffective as far as deterence is concerned.
2.The inherent uncertainties and errors in the legal process renders under-represented individuals and groups disproportionately vulnerable to state execution.
3.Death penalty is cruel and unusual punishment.
4. In the case of the Gambia, death penalty has not been used for a long time, even though it is i n the laws (I do not actually remember when it was used). Therefore subjecting Ms. Samba to the death penalty could be considered a violation of the equal protection under the law.
Your argument that the Gambia has no resources to keep criminals like Ms. Samba in jail is baseless. The amount of waste in the Gambia in terms of misguided government spending as well as useless and harmful pursuits by the public such as on tobacco products, etc. are incomparable to what is required to sustain a prisoner in the Gambia. Do you know how much it costs the Gambia government to keep a prisoner in jail? |
Edited by - kayjatta on 01 Oct 2007 11:37:37 |
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jambo
3300 Posts |
Posted - 01 Oct 2007 : 12:38:06
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kayjatta, thank you for answering my question, so gambia still has the death penalty, are you telling me this is the only murder case to come to court . On what grounds would she be put to death taking a life, others have taken a life. I think other things have come into play here, money and contacts. if you have plenty of them you would not come to court. is she a moslem, is there no other court that will try here, or is the legal courts that take precedence. |
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Sibo
Denmark
231 Posts |
Posted - 01 Oct 2007 : 12:54:10
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the late mr. Nyan is my mom´s younger sister´s brother-inlow. So I know mr. Nyan personally, he was a great man who would not harm a fly.
Bev
You are talking about woman being abused by their husbands and stuff. Did you read anywhere that Tabara Samba was abused or do you know why she killed mr. Nyan???
Let me tell you:
Tabara brutally killed her husband because she heard RUMOURS about her husband wanting to marry another wife, which was not true. In stead of talking to her husband about it, she acted on it, which is really stupid.
When we hear things about women, before we get all feminist and worked up about it, lets get the facts right. What mrs. Samba did was very wrong, she rubbed mr. Nyan´s family of ther father, brother, uncle and son. |
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kayjatta
2978 Posts |
Posted - 01 Oct 2007 : 12:56:36
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There were other cases such as the Mustapha Danso case back in 1981 and more recent ones during Jammeh's rule. None has been openly executed through the death penalty ( to the best of my knowledge). My guess is that she is a Muslim, but above all she is a woman who was mired in a relationship (marriage) in which she is ,by Gambian standard ,the underdog.
The court of original jurisdiction has delivered its verdict. She and her attorney could appeal to the appellate court or the Supreme court if they want to.That is how far they can go... |
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kayjatta
2978 Posts |
Posted - 01 Oct 2007 : 12:59:26
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| Accept my earnest sympathy Sibo? |
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Sibo
Denmark
231 Posts |
Posted - 01 Oct 2007 : 13:00:19
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Bev
You want to get her contact, right?
What are you gonna tell her or do for her, what CAN you do for her?????
Do you really think that you can do anything for her right now or anything to change the sentence? It seems to me like you think that you just talk to her and make everything change or change the law in gambia. If that´s what you think, then think again cause there is nothing you can do.
I do not support death penealty, but one has to face the consiquences for their actions. |
Edited by - Sibo on 01 Oct 2007 13:55:25 |
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Sibo
Denmark
231 Posts |
Posted - 01 Oct 2007 : 13:52:14
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| thanks kay |
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jambo
3300 Posts |
Posted - 01 Oct 2007 : 14:26:48
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sibo, you raise many interesting points, we should be facts and not other issues, because if you bring gender into the case, you might as well bring in age, religion, status, tribe and other issues into the trial.
no matter what we think this was judge on facts, everything else is irrelevant. ALSO JUSTICE WEARS A BLINDFOLD for a reason.
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anna
Netherlands
730 Posts |
Posted - 01 Oct 2007 : 16:59:21
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Sibo, you are right: one has to face the consequences of one's actions. But then, you also tell us you do not support death penalty. Right, this is always the dilemma: an eye for an eye? No, i don't think so...The judges should be wiser than that. No man or woman has the right to take the life of another human being.
The woman caused her husband to die in a terrible and painful way. Will life imprisonment make her pay back for the suffering she caused? What wisdom is required to come up with the correct punishment! I'm glad i do not have to decide on the type and length and severity of the punishment. But death penalty? Never |
When an old African dies, it is as if a whole library has burnt down.
Amadou Hampate Ba (Mali) |
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jambo
3300 Posts |
Posted - 01 Oct 2007 : 17:33:27
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anna, the death sentence will not bring her husband back, but it could be a deterrent to others.
Obviously she cannot be let off scott free, so no to the death sentence, no to life sentence, what are the alternatives, because if justice is not seen to be done, heaven help her family, her sons and all relatives. |
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mavaric
Turkmenistan
94 Posts |
Posted - 01 Oct 2007 : 18:28:37
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Chapter 4 , Section 18 , Clause 3 of The Constitution of The Gambia, it states that then national assembly should review or othewise abolish the death penalty within 10 years of the creation of the constitution.. i wonder if they actually forgot about that..hmmm..
"The National Assembly shall within ten years from the
date of the coming into force of this Constitution
review the desirability or otherwise of the total
abolition of the death penalty in The Gambia." |
Edited by - mavaric on 01 Oct 2007 18:29:20 |
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Prince
507 Posts |
Posted - 01 Oct 2007 : 18:50:16
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quote:
Originally posted by kayjatta
Excuse me Prince, you cannot "reaffirm the right of life" by indulging in killing another. This is the most absurd statement i have ever heard.There are several reasons that makes the death penalty controversial:
1.Research has shown that it is ineffective as far as deterence is concerned.
2.The inherent uncertainties and errors in the legal process renders under-represented individuals and groups disproportionately vulnerable to state execution.
3.Death penalty is cruel and unusual punishment.
4. In the case of the Gambia, death penalty has not been used for a long time, even though it is i n the laws (I do not actually remember when it was used). Therefore subjecting Ms. Samba to the death penalty could be considered a violation of the equal protection under the law.
Your argument that the Gambia has no resources to keep criminals like Ms. Samba in jail is baseless. The amount of waste in the Gambia in terms of misguided government spending as well as useless and harmful pursuits by the public such as on tobacco products, etc. are incomparable to what is required to sustain a prisoner in the Gambia. Do you know how much it costs the Gambia government to keep a prisoner in jail?
Kay, calling my statement on the issue of the right to life illogical is wrong. Everyone have the right to life, thats why when someone decide to commit murder (deny others the right to life), their rights should be forfeited. If liberal hippie research shows that capital punishment doesn't deter violent crimes, I'll refer them to the crime statistics of rational Vs. abolitionists states in the US.
Though,I do believe that every case should treated individually and circumstantially, rewarding people like Ms. Samba for murder should be unacceptable.
I don't know how much it cost the Gambian government to keep a prisoner in jail, but i still believe that the money can put into better use.
Wasteful spending and the pursuit of harmful habits is wrong and consumes vital resources, but its irrelevant to this issue (punishment for murder). Public officials engaged in wasteful use of resources should be pursued, captured and brought to justice. Just like they did to Ms. Samba.
People with harmful habits should be made to pay for their negative externalities to society, as Ms. Samba ultimately did.
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"When injustice becomes law, rebellion becomes duty." |
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Sibo
Denmark
231 Posts |
Posted - 01 Oct 2007 : 22:56:28
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Anna
just because I said she should face the consequence of her action does not mean that I support the sentence she got. I think they should lock her up for life, and let her spend her time in jail to reflect on what she did and live with that.. death penalty is the easy way out, let her live with a human life on her conscious.
Why do you feel this woman anyway, she took another human being´s life, remember? If you do not think that she should get the death penalty or life imprisonment, then how the hell is she suppose to pay for taking a man´s life? Is her life more worthy than the deceased? |
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anna
Netherlands
730 Posts |
Posted - 01 Oct 2007 : 23:18:59
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Sibo, you misunderstood me - could be my fault, maybe i didn't make myself clear. I just wanted to demonstrate the dilemma that you yourself also feel (at least that is what i think). An eye for an eye is not good, it seems to me to be too primitive - as if we are without any 'reason' (like in reasonable, reasonability).
Life imprisonment seems 'reasonable' - to some people this would be even worse than death, did you know that?
Why do you feel i 'feel her'? I remember we discussed it right after she poured boiling oil on her husband - i was astonished, and i couldn't believe someone would want to inflict so much pain on another person, let alone the father of her children. At the time i wondered if she felt powerless, if she got in a rage for the ..th time because he mistreated her. But at the time we also heard that Mr Nyan was a good man, like you are telling us now. Was it premeditated? Was she planning to kill him in a painful way or did she do it on an impulse, feeling frustrated by him and hurt? All these things matter when as a judge you have to decide on the correct punishment. I just wanted to say, that i was relieved i am in no position to decide about these things........
Life imprisonment seems a fair punishment, a ruined life for an ended life. But is life imprisonment in the Gambia for life? I know in Holland it is not at all. If she were to be put in prison here for 'life' and if she behaved well while in prison, she would still have the opportunity to be 'out' when she would be about 60, being able to enjoy her children and grandchildren (unlike the husband she killed).
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When an old African dies, it is as if a whole library has burnt down.
Amadou Hampate Ba (Mali) |
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Momodou
Denmark
11712 Posts |
Posted - 01 Oct 2007 : 23:22:15
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How Tabara Samba’s Trial Came To Its Verdict
By Fabakary. B. Ceesay
The six months long murder trial of Madam Tabara Samba has come to an end at the Kanifing Magistrate Court on Wednesday 26 September. The trial was presided over by Magistrate Pa Harry Jammeh. Madam Samba was accused of killing her husband, Mr. Ebrima Nyan by pouring hot oil on him while he was in bed sleeping. The unfortunate incident happened on 7 March, at Old Jeshwang.
The prosecutor called ten witnesses to prove their case beyond reasonable doubt while the defence called two witnesses to prove her innocence. The first prosecution witness was Marie Sowe a female police officer. Officer Sowe recalled when she reported to the Kanifing Police Station in the following morning of the incident and Tabara Samba sitting behind the counter. She said she was told by an officer that Tabara was brought there for pouring hot oil on her husband. She told the court that she was asked to escort Tabara to her house where she mounted a search. She produced a cooking gas bottle, a frying pan and some cooked oil.
The second witness, Boto Keita, also a police officer, said the accused told him that she and her husband had a quarrel before and she decided to pour hot oil on him. Another police officer, Lamin Cham said he obtained statements from Tabara which corroborated with officer Boto Keita that Tabara confessed to them that she poured hot oil on her husband. Ousman Jarju (PW4) is a neighbour of the deceased and the accused. Mr. Jarju said late at night he heard Mr. Nyan screaming and he rushed to the fence between them to enquire and that Mr. Nyan told him that hot oil was poured on him. He said Mr. Nyan did not advance any names to him as to who did it. He pointed out that he decided to help Mr. Nyan to hospital but Tabara insisted that nothing went wrong but that Mr. Nyan’s scream was only a dream.
Mr. Lamin Conteh (PW5), a brother to the deceased asserted that the deceased and Tabara came to their house to show their mother what had happened to Mr. Nyan. Mr. Conteh noted that his brother told them that Tabara had poured hot oil on him. He said when their mother saw the burnt body of Mr. Nyan, she collapsed. He said he later reported the matter to Kanifing Police Station. He said when he arrived with the police at Mr. Nyan’s house they found Tabara trying to wipe the oil stains on the top part of the bed and had turned the mattress (sponge) up side down to hide stains on the bed. PW6 Gikiba Sanneh, a police photographer said he took photos of the deceased at the Royal Victoria Teaching Hospital (RVTH). Modou Lamin Jabang (PW7), also a police officer who said he obtained a statement from Mr. Nyan before he passed away at RVTH. He said Mr. Nyan told him that on that Fateful night he noticed Tabara coming into the bed room on three occasions while he was trying to sleep. Officer Jabang said Mr. Nyan told him that Taraba later came back and poured hot liquid on him but that he thought it was hot water instated of hot oil. He said family members of Mr. Nyan and a nurse on duty were present when he obtained the statement from him.
Mam Kumba Sosseh (PW8), a sister to Mr. Nyan said when the deceased came to report the matter to them he told them that it was Tabara who did the act. Kumba Sosseh noted that she asked Tabara to spend the night with them as his husband is being taking to hospital but she insisted to go home to park her belongings to leave. She said Mr. Nyan also told them that he had finished with Tabara. She pointed out that on the 13 March Mr. Nyan was at RVTH photographs to be taken because he believed he would die. Mr. Sallah (PW9), a friend of Mr. Nyan said he knew the deceased for almost 40 years and that they were very close to each other. He said he knows Mr. Nayn has married for almost seven times but ended up divorcing with them. Mr. Nyan noted that at one point Tabara told him to counsel Mr. Nyan because he was given her tough time in the house. Mr. Sillah said his response to Tabara was to wait until Mr. Nyan is available for them to table the matter amicably among themselves. (PW10), Dr. Abdoulie Alieu Ceesay, a medical doctor who conducted the postmortem on the deceased said there was a severe burn on the body; that the internal organs of the deceased were all ok.
He said he carried out the autopsy report on the deceased which he believed was accurate. He said he did not look for any other cause of death of Mr. Nyan.
The defence witness one (DW1) Madam Taraba Samba herself said their marriage was a peaceful and enjoyable one. She said they used to have unusual problems like other couples. She said when she was in the kitchen cooking, Mr. Nyan came to her and was insulting her parents. She said earlier on they had a quarrel and Mr. Nyan thought she was still angry about the quarrel. Tabara added that she also returned the insults to Mr. Nyan and that she was beaten by Mr. Nyan with a commando type of knife. She indicated that she sustained an injury on her head and hand. She added that she also fought back by splashing a spoonful of hot oil on him. She later showed the scars of her injury to the court. Tabara indicated that after the incident she and her husband went to his (the husband’s) mother’s house. She said as her husband was being taken to hospital she decided to go back home but Mam Sosseh argued that it was late in the night so she should stay with them for the night. She added that she refused the offer and insisted to go home. Tabara lamented that while she was at Banjul headquarters she was asked by officers to confess doing the crime and that she would be forgiven. Tabara admitted splashing hot oil on her husband but that he was not sleeping at the time and that it was only once. DW2, Mr. Malick Samba, a brother to Tabara, said he tied the marriage between the couples. He said the couples are not bad persons and that they loved each other very much. Mr. Samba said when he visited Mr. Nyan at RVTH he was told by the deceased that it was Tabara who poured hot oil on him.
The trial Magistrate, Pa Harry Jammeh, based on the totality of evidence adduced from both sides before the court said the prosecution has proven their case beyond reasonable doubt. He said he believed that Tabara has committed the alleged offence that she is charged with. He therefore sentenced her to death on section 18-2 of the constitution of the Republic of The Gambia. The state prosecutor was police commissioner Burama Dibba but he was represented by the Inspector General of Police, Denedick Jammeh. Tabara was represented by two humanitarian lawyers, Mrs. Amie Joof Conteh and Ms. Lubna Farrage on free of charge basis.
Source: Foroyaa Newspaper Burning Issue
Issue No. 115/2007, 1 - 2 October, 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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