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toubab1020
12314 Posts |
 Posted - 01 Jun 2009 : 10:49:10
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A Topic for discussion or is nobody interested in commenting?
(found and reproduced from Allafrica.com)
Gambia: Authorities Defy Court Order
Annia Gaye
28 May 2009
The authorities have continued to detain Modou Manga at Mile 2 Central Prison in spite of a court order that he should be released on bail.
Yesterday, Senior Magistrate Abdoulie Mbacke of the Kanifing Magistrates' Court refused to proceed with the trial of Modou Manga unless he is released on bail as ordered by the court. "I am not going to proceed with this case categorically, if the orders are not fulfilled or carried out," he asserted. He pointed out that Modou Manga should be released and if he absconds, the person responsible for his bail would stand. He said that the defendant (Modou Manga) should not be held at the Remand Wing of Mile Two Prison because he has fulfilled his bail conditions. "He should be coming to court freely," he added.
The magistrate said the defendant should be kept at Mile Two only if he is found guilty. He emphasized that he is there to pursue what is right and would rather leave than to tell lies. "Let's try and maintain the law and not to bring back jungle law," he said.
Defence counsel, Mr Edward (Edu) Gomez cited the Constitution, which he said should be respected. He pointed out that it is a complete mockery that a citizen is been given bail and is still detained even though he has fulfilled his bail conditions.
Police prosecutor, Inspector Mballow, asked the court for more time to go to the Police Headquarters to solve the issue so that the proceedings will continue.
The trial was adjourned till Thursday 2 July, in order to give the prosecution time to settle the issue.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 01 Jun 2009 : 11:10:18
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| This is very reassuring. The courts have a wide latitude to make sure that the rule of law is maintained, court orders are complied with, and the laws are applied in a way that reflects the standard decency of our (and global) society. Certainly, the courts (judges and lawyers) can do their bit in bringing an end to tyranny in our country.... |
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jambo
3300 Posts |
Posted - 01 Jun 2009 : 12:35:33
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| remind me again what bail granted means?!? |
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kayjatta
2978 Posts |
Posted - 01 Jun 2009 : 13:04:48
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In lay terms, it is the court's acceptance of the defendant's posting of bond ( cash, real property,...)to guarantee defendant's availability upon release from custody (jail) to the court when required.  |
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toubab1020
12314 Posts |
Posted - 01 Jun 2009 : 15:04:46
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quote:
Originally posted by jambo
remind me again what bail granted means?!?
You sign a paper promising to turn up when the Court tells you,if you don't, then the court can take your house, land ,property ,cash.
A surety is someone who promises that you will turn up otherwise his assets will be taken by the Court if you dont.Its up to the Court, either to grant you bail(you are free to go about your work but not leave the area over which the Court has jurisdiction,without permission of the court) or remand you in custody (i.e. prison}until the case is disposed of.
And remember what Kay says:This is not a legal advice. I am not an attorney. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 01 Jun 2009 15:09:59 |
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jambo
3300 Posts |
Posted - 01 Jun 2009 : 22:02:16
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so by the terms of BAIL,he complied and is still in prison, who says so,
"He emphasized that he is there to pursue what is right and would rather leave than to tell lies. "Let's try and maintain the law and not to bring back jungle law," he said.
Defence counsel, Mr Edward (Edu) Gomez cited the Constitution, which he said should be respected. He pointed out that it is a complete mockery that a citizen is been given bail and is still detained even though he has fulfilled his bail conditions.
Police prosecutor, Inspector Mballow, asked the court for more time to go to the Police Headquarters to solve the issue so that the proceedings will continue. NOTHING TO SOLVE, and WHY DOES IT TAKE SO LONG .
The trial was adjourned till Thursday 2 July, in order to give the prosecution time to settle the issue.
Another six weeks in PRISON, they should thank themselves lucky that there is no case for compensation. WHAT NONSENSE
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