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jambo



3300 Posts

Posted - 04 Oct 2007 :  10:45:58  Show Profile Send jambo a Private Message
http://allafrica.com/stories/200710030692.html
this case is a travesty, between this and the death sentence case, legal situation in gambia is open to serious mis understanding and corruption. this case is rubbish.
Gambia: NIA Diamond Case - Defense Submits No Case To Answer



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FOROYAA Newspaper (Serrekunda)

4 October 2007
Posted to the web 3 October 2007

Fabakary B. Ceesay


The defence counsel in the protracted legal battle of the six ex-NIA officers, Mr. Lamin Jobarteh has on Monday submitted a no case to answer submission before Principal Magistrate Moses Richards of the Kanifing Magistrates Court.

Counsel Jobarteh told the court that the accused persons are standing trial on five count charges. He said the accused persons have no case to answer. Mr. Jobarteh pointed out that the evidence adduced by the prosecution is so weak that no court should rely on it to convict the accused persons. He said the commissions purported report which is before the court is full of irregularities and that the evidence is so manifestly weak that they cannot be supported in law.


He noted that the translator of the letter from German to English cannot understand what he had translated. "He is not versed in German to read and translate in open court the document he claimed to have translated". Mr. Jobarteh argued that there is no evidence before the court that the purported commission's report was prepared by them. "None of them had appeared in court for three years, are they dead, unwell, unfit, physically, mentally infirmed or are they off the jurisdiction to appear in court? Reasonable attempts had been made for them to appear before the court but to no avail". Counsel Jobarteh asserted that the letter claimed to be sent by the two Germans to Mr. Borry Touray was never tested to be confirmed whether it was truly from the German and that whether the content is true or not. "This is a serious matter that some body in Germany wrote a letter to a lawyer who also gave it to somebody to translate it to English. The translator cannot read the letter and translate it in English in open court," said Jobarteh.

The six-ex-NIA officers are Lamin Drammeh, Fabakary Barrow, Lamin Sanneh, Kajali Jawara, Bansiru Jabang and Salimina Drammeh. They are standing trial for negligence of official duties and robbing two Germans of their items which includes 8 pieces of raw diamond, two Nokia cell phones, a shaving machine, cash amount of 205, 600 US Dollars, a hundred dollar or Euro note and D1, 100 dalasis.

kayjatta



2978 Posts

Posted - 04 Oct 2007 :  10:52:02  Show Profile Send kayjatta a Private Message
Motion to dismiss or directed verdict?????????
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jambo



3300 Posts

Posted - 04 Oct 2007 :  11:06:20  Show Profile Send jambo a Private Message
I ask you how long has this been going on, and yet the death sentence cases were solved within 6weeks, over to you Kay
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kayjatta



2978 Posts

Posted - 04 Oct 2007 :  11:17:10  Show Profile Send kayjatta a Private Message
Well , I think it all depends on all the factors at play, lawyers, witnesses, investigations, governmental interest in the case, etc. You might have observed that whenever there is a governmental interest in a case , it often drags on and on and on...
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jambo



3300 Posts

Posted - 04 Oct 2007 :  11:29:04  Show Profile Send jambo a Private Message
ah, Holmes you have solved the case, so if you are going to committe a crime, but on the government payroll, I think this calls for a sherry.
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