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toubab1020
12314 Posts |
 Posted - 23 Oct 2009 : 21:35:27
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This from the Point:
http://thepoint.gm/africa/gambia/article/in-carnegie-mineral-case
Snippet:
In his ruling, Justice Richards stated that, having heard from the prosecution that the 2ndaccused person, Andrew Charles Northfield had absconded the jurisdiction and all efforts to get him face the charges against him failed; the court was satisfied that the 2ndaccused had indeed absconded.
Accordingly, he added the court made the following orders: ?the D5m cash deposit that was ordered to secure the bail for the 2ndaccused person be forfeited to the state and any interest accrued there from be forfeited to the Judiciary of The Gambia, the sureties of the 2ndaccused Andrew Charles Northfield who deposited title deeds to secure his bail be brought before the court on a sermon to show cause why they should not either produce the 2ndaccused person or forfeit their bail bond and be in prison if the court be satisfied that they participated in assisting the 2ndaccused person abscond the jurisdiction of The Gambia, the Master and Registrar of the High Court at the time of the execution of the said bail bonds should appear before the court on the next adjourned date to indicate to the court who the aforesaid sureties were, the British passport of the 2ndaccused person be confiscated to the state and the court be fully informed about the procedures adopted for the said confiscation?.
The judge couldn't do anything else,A couple of things seemed strange to me though perhaps KAY (I am not an attorney  )can enlighten me as to why he made these statements,
Firstly.
"and any interest accrued there from be forfeited to the Judiciary of The Gambia,"
Secondly,
"the British passport of the 2ndaccused person be confiscated to the state and the court be fully informed about the procedures adopted for the said confiscation?."
Thanks
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12314 Posts |
Posted - 26 Oct 2009 : 15:27:03
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A bit of misreporting or ?
Which of these reports are accurate:
The Point writes :
link:http://thepoint.gm/africa/gambia/article/in-carnegie-mineral-case
"the bail for the 2ndaccused person be forfeited to the state and any interest accrued there from be forfeited to the Judiciary of The Gambia,"
The Daily News writes:
Link:http://www.dailynews.gm
(sorry the newcomers havn't quite got their act together for individual stories)
Special Court
has ruled in favor of the State Prosecution ordering that the deposit of D5million cash made by Andrew Northfield and any accrued interest to be forfeited to the state. "
There is surley a simple explaination 
KAY
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 27 Oct 2009 : 07:17:10
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| Okay, Toubab I am not an attorney. But here is my bit of speculation. I think both the Point and the DailyNews are right although the Point's version is more detail. The Point made it specific that the principal bail money will be forfeited to the state while the accrued interest will go to the judiciary, but at the end of the day, the judiciary is just a part of the state. Therefore, the DailyNews' statement that the principal deposit of D5M plus the accrued interest be forfeited to the state is also currect. |
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kayjatta
2978 Posts |
Posted - 27 Oct 2009 : 07:28:33
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quote:
Originally posted by toubab1020
This from the Point:
http://thepoint.gm/africa/gambia/article/in-carnegie-mineral-case
Snippet:
In his ruling, Justice Richards stated that, having heard from the prosecution that the 2ndaccused person, Andrew Charles Northfield had absconded the jurisdiction and all efforts to get him face the charges against him failed; the court was satisfied that the 2ndaccused had indeed absconded.
Accordingly, he added the court made the following orders: ?the D5m cash deposit that was ordered to secure the bail for the 2ndaccused person be forfeited to the state and any interest accrued there from be forfeited to the Judiciary of The Gambia, the sureties of the 2ndaccused Andrew Charles Northfield who deposited title deeds to secure his bail be brought before the court on a sermon to show cause why they should not either produce the 2ndaccused person or forfeit their bail bond and be in prison if the court be satisfied that they participated in assisting the 2ndaccused person abscond the jurisdiction of The Gambia, the Master and Registrar of the High Court at the time of the execution of the said bail bonds should appear before the court on the next adjourned date to indicate to the court who the aforesaid sureties were, the British passport of the 2ndaccused person be confiscated to the state and the court be fully informed about the procedures adopted for the said confiscation?.
The judge couldn't do anything else,A couple of things seemed strange to me though perhaps KAY (I am not an attorney )can enlighten me as to why he made these statements,
Firstly.
"and any interest accrued there from be forfeited to the Judiciary of The Gambia,"
Secondly,
"the British passport of the 2ndaccused person be confiscated to the state and the court be fully informed about the procedures adopted for the said confiscation?."
Thanks
Firstly:
the bail money must have been deposited in an interest-bearing bank account. Therefore, the principal bond deposited would generate income in the form of interest paid from the bank. That interest money is what I belief is to be paid to the judiciary...
Secondly:
Mr Northfield, who has already fled the Gambia leaving behind his British Passport executed with the bail, is to forfeit the said passport as ordered by the court. The court however wants to be advised by the Master and Registrar of the High Court about the (administrative)procedure in confiscating the passport. This is a part I could stand to be corrected on though... |
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toubab1020
12314 Posts |
Posted - 27 Oct 2009 : 10:31:56
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| Thanks Kay,you have added your opinion,you know (even though I am not an attorney !! )that judgements made by learned judges are VERY carefully worded,especially in the case of the main man , Judge Moses Richards,although it may never be known it would be very interesting ,for me at least,to know the exact wording from the Court transcripts.The passport bit I agree with you. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 27 Oct 2009 10:33:05 |
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kayjatta
2978 Posts |
Posted - 27 Oct 2009 : 10:38:37
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| Exactly Toubab... |
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