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Momodou
Denmark
11828 Posts |
 Posted - 27 Apr 2006 : 13:38:31
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Lawyer Denton Can Access A Lawyer
A senior member of the Gambia Bar, Mrs. Mariam Denton, who is still under detention following her arrest in the early hours of the morning on 6th April, 2006, was declared to have the right to access a legal counsel of her choice by the high court. This ruling by the high court, presided by Justice Monageng, a new high court judge from Botswana was made on Tuesday 26th April.
The ruling was a consequence of an application for Lawyer Mariam Denton to have access to a legal counsel of her choice. The application was strongly contested by state counsels who objected to the application. They filed a preliminary objection. They informed the court that Mrs. Denton is being investigated for matters connected to the March 21st foiled coup and allowing her any interference will hamper the process of their investigation.
They also questioned the competence of the court to hear the matter and the applicant (a relative) to make the application.
The application for access was brought under section 5, 19 and 37 of the constitution. Section 5 gives any person who alleges that the constitution is violated the rights to seek redress in an appropriate court. Section 19 protects the right of every person to liberty and security. It states in subsection (2) “Any person who arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal Practitioner.”
Section 37 gives the high court jurisdiction to hear applications relating to the contraventions of sections 18 to 33 and 36 (5) of the constitution.
Mr. Ousainou Darboe represented the applicant while Mr. Fagbenle represented the state.
In delivering the judgment, Justice Monageng dismissed the preliminary objection of the state, noting that the high court is the only place where the case can be heard. She pointed out that the right of Mrs. Denton as stipulated in Section 19 has indeed been violated. She also pointed out that Mrs. Denton’s right to fair trial had been violated contrary to the African Charter on Human and People’s Right to which the Gambia is a signatory. She emphasised that the right to fair trial starts from arrest and detention. She finally awarded the request of the applicants of right to access of legal counsel for Mrs. Mariam Denton.
Source: Foroyaa Newspaper Burning Issue
Issue No.32/2006, 27-30 April, 2005
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