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jambo
3300 Posts |
 Posted - 04 Oct 2007 : 11:23:34
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can you imagine this happening in the "civilised"/developed worlds.
http://www.thepoint.gm/Courts797.htm a shock to the system.
Magistrate Mbacke Defends Parents
Wednesday 3rd October 2007
By Dawda Faye
Senior magistrate Abdoulie Mbacke of Kanifing Magistrates’ Court has stressed that respect for parents is a strong Islamic and Christian value that must be entrenched at all cost.
He added that his court would employ all means possible to ensure that the fabric of our society is not eroded.
According to the learned magistrate, he would spare no efforts in protecting parents from the embarrassment of the unruly and untoward conducts of their children.
Magistrate Mbacke made these resolutions before sentencing one Momodou Gassama to serve four months in jail for threatening to kill his father.
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kayjatta
2978 Posts |
Posted - 04 Oct 2007 : 12:51:55
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| The magistrate needs to focus his jurisdiction or ruling on the crime committed (intent to commit murder, probably) instead of playing moral advocate. The courts are not custodians of morality... |
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jambo
3300 Posts |
Posted - 04 Oct 2007 : 12:56:33
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point taken, but when it gets to court, you have to pass some kind of sentence, not so
who did take it this far, the father did , so take out the relationship between the two people what sentence would you have given. |
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kayjatta
2978 Posts |
Posted - 04 Oct 2007 : 13:04:15
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| Attempted murder is a serious crime, so jail time is reasonable. However, one needs to hear both sides lay out their version of the facts in court b4 applying the law. Judges and magistrates can exercise some discretion in sentencing, what worries me is when their judgment becomes influenced by their personal moral and philosophical beliefs... |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 04 Oct 2007 : 13:56:46
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You are right Kayjatta. Court rulings should be influenced by the dictates of the law rather morality or one's religious belief.
Thanks |
I do not oppose unity but I oppose dumb union. |
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kayjatta
2978 Posts |
Posted - 05 Oct 2007 : 02:50:08
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| Thanks Nyari. |
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Alhassan
Sweden
813 Posts |
Posted - 05 Oct 2007 : 08:53:17
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quote:
Originally posted by kayjatta
The magistrate needs to focus his jurisdiction or ruling on the crime committed (intent to commit murder, probably) instead of playing moral advocate. The courts are not custodians of morality...
kayjatta,
Remember we have a different world outlook when it come to the manar we treat out parents. You being influenced by the yankees do not care what happens withn a family. I fully support M'bake for reminding the public or respect to parents. It is very strange for people to want to kill their parents. The courts can be custodians of morality, because a parent is answerable when brougt there by a child. I am glad Europe or the US is not Gambia, because worst things happen there. |
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kayjatta
2978 Posts |
Posted - 05 Oct 2007 : 09:10:40
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 Alhassan you are killing me, but perhaps the Margistrates moral comments are mere dicta that could be used by moral advocates in the future, even though it may not have any basis in law...
However, if a parent fails to discipline his/her kids I do not think any court can help him/her with that, right? |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 05 Oct 2007 : 13:49:01
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Alhassan, but it is not his job or indeed the function of the court to enforce morality. We are better of doing that best in our family homes and in our local communities. Magistrates courts are courts of limited jurisdiction. Their remits and jurisdictional boundaries are always clearly defined bythe law. That also means a magistrates does not have universal powers. He/she is bound to limit him/herself within the remits of his/her court. If he/she step outside these boundaries, then he/she has exceeded his powers and this can be challenged on appeal. It may not also do well for the magistrate's credibility and that of the justice system because it would mean they are guided by their own whims and caprices rather than the dictates of the law.
Thanks for your contribution anyway. |
I do not oppose unity but I oppose dumb union. |
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Alhassan
Sweden
813 Posts |
Posted - 05 Oct 2007 : 16:10:33
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Nyarikangbanna,
Remember the law reminds us of morality too in justice. That is why we have child protection laws. The law is moral too in some sense.
Do you mean to tell me that the laws of the Gambia are immoral? |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 06 Oct 2007 : 16:54:43
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Alhassan, you are right but such laws would have to be legislated first before they can be enforced by the courts. In this case, there isn't any such legislation. The magistrate's remarks were simply taken out of the blue. That is unacceptable.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 06 Oct 2007 17:43:41 |
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toubab1020
12314 Posts |
Posted - 06 Oct 2007 : 17:13:13
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quote:
Originally posted by kayjatta
The magistrate needs to focus his jurisdiction or ruling on the crime committed (intent to commit murder, probably) instead of playing moral advocate. The courts are not custodians of morality...
Yes Indeed ! |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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