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Dalton1
3485 Posts |
 Posted - 02 Oct 2007 : 13:40:30
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What will I do to Jerreh? I am thinking Dembo Santa Bojang don't need you, but I do.
In all honesty, the man seems to be very cruel. I hope justice will preside over his wickedness.
Courtesy of Foroyya
Old Man Arraigned For Injury On Cow
By Modou Jonga
Jerreh Kulai Bojang, a resident of Brikama was on Thursday 27 September,
2007 arraigned in court for allegedly causing injury to a cow on 26 August. The
accused is alleged to have willfully and unlawfully chopped the said cow with
a cutlass. The cow is said to be the property of one Bakary Dembo Santang
Bojang.
When the charged sheet was read to the accused in a language he claimed to
understand, the latter admitted to the court that he injured the said cow but
that the said animal has entered his orchard. The presiding magistrate Njie
ruled that a plea of not guilty be entered for the accused. The prosecutor was
sub-Inspector Saine.
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"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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Dalton1
3485 Posts |
Posted - 03 Oct 2007 : 17:55:18
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I take the guilty plea regarding the matter at hand, as a matter of fact in greater tendency to preach for wrong justice on his head for a self-evident crime he openly committed. So on that one, you are right, the gainakohood does the influence. Having said that, here is how I think a fair magistrate will preside with this case, in the alternative as typical of Gambian culture, “Maslaya”, he might as well seek for an out of court settlement with an apology to the cow’s owner.
Ref: Foroyya
“The accused is alleged to have willfully and unlawfully chopped the said cow with
a cutlass.” Foroyya
“When the charged sheet was read to the accused in a language he claimed to
understand, the latter admitted to the court that he injured the said cow but
that the said animal has entered his orchard.” Foroyya
Is Jereh wrong by cutting a cow?
Let us go by the news story as was reported by Foroyya that:
1. The cow did enter Jerreh’s orchard on the fateful day;
2. Jerreh defended his territory by cutting the cow with a cutlass;
3. Jerreh admitted that he cut the cow, but didn’t mention of any further damage on the orchard by this cow.
In the Gambian traditional laws which govern such matters mostly, once an animal (belonging to someone) does some damage on your farm, you can report the matter to the alkaloo (Village head) or Seefoo (District head) or which ever is convenient for you to be fully compensated for any damage.
Jerreh’s defense of his territory infringed on the cow’s right for existence. By cutting the cow willfully with intent, either arising from impulse or arrogance, he has shown to be very cruel by his deed. Jerreh is also cutting an animal with running blood like him; an animal that cannot talk to be questioned “What were you doing at Jerreh’s orchard?” This act in no place on earth can be deemed ‘Defense of territory”, hence further, Jerreh didn’t mention that the cow fought him back.
Mitigation:
Since Jerreh admitted committing the crime without wasting the magistrate’s time, his plea of mitigation should be given weight. He probably will allege further it is from this orchard that he feeds his two or three wives, children, grandchildren and other extended family members, together with any remorse that he will show for his cruel action to the presiding Honorable Judge.
VERDICT:
Therefore,
1. Jerreh should keep the peace for two years with restraint from cows;
2. Jerreh should be responsible for the veterinary cost of this cow’s healing;
3. Jerreh should be counseled on his anger;
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"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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Dalton1
3485 Posts |
Posted - 03 Oct 2007 : 18:15:11
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| Or in default serve 6 months in prison with hard labor with option to appeal upon contention of verdict. |
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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jambo
3300 Posts |
Posted - 04 Oct 2007 : 10:19:51
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keeping someone inside for 6 months will not put food on table, paying for vets bills will be a learning curve, that choice gets my vote.
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