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toubab1020
12314 Posts |
 Posted - 28 Oct 2009 : 13:03:41
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Can someone please explain what is happening here ,reading the story from the point it appears that there is no law in The Gambia under which to charge these people,or is there? If no law then surley the defence should have submitted an application to the magistrate for no case to answer? and the accused should then be discharged.
link:http://www.thepoint.gm/africa/gambia/article/kairaba-shopping-centre-aladin-butchery-staff-arraigned
Snippet:
Then the witness told the court that she does not know the price control law. It was again put to her that there is no law which prescribes the price of meat in The Gambia, to which she replied in the positive.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kayjatta
2978 Posts |
Posted - 29 Oct 2009 : 07:25:16
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| This appears to be a bad case for the prosecution, Toubab. The fact that there is no specific law stipulating the price of meat, however, does not make excuse for price gouging (excessively raising the price above the market price). Price gouging, I suspect, is still an offence in many free market (demand and supply-driven)economies including the U.S. but I cannot recall anyone being prosecuted for it recently. In a free market with strict competition bewteen and among businesses, consumers have plenty of choices to shop at bargain prices. My worry is that how does the D170/kilo and D175/kilo of meat compare to the market price of meat at the time? It should be noted though that the fair market price of a kilo of meat does not have to be the price arbitrarily set by the President. The answer to that could help decide whether there was excessive over pricing by the defendants or not. That is my argument, and I am not an attorney... |
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kayjatta
2978 Posts |
Posted - 29 Oct 2009 : 07:55:10
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Toubab look at this one as highlighted below. One Butcher is acquitted already...
THE POINT
Butcher Acquitted, Discharged
africa » gambia
Wednesday, 28 October 2009
The Kanifing Magistrates' Court yesterday acquitted and discharged one Joe Mendy, a butcher, who was arraigned on a charge of selling meat above the stipulated prices.
Mr. Mendy was alleged to have sold meat and bone at D100 per kilo and steak at D200 instead of the stipulated prices of D60 and D80, respectively.
The decision of the court followed a no-case-submission by the Counsel for the accused.
In his ruling, Principal Magistrate Joseph Ikpala told the court that the Defence Counsel submitted that the prosecution witnesses did not disclose the elements of the offence charged.
He further said that the Defence had also challenged that the prosecution did not establish a prima facie case to warrant the accused person to enter his defence.
Magistrate Ikapala maintained that the section under which the accused was charged did not state the price of meat. He held that the prosecution had woefully failed to prove its case beyond reasonable doubt.
Author: Dawda Faye
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toubab1020
12314 Posts |
Posted - 29 Oct 2009 : 13:54:11
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KAY.
Do the Legal Eagles in Gambia read Bantaba in Cyberspace ?,I wonder  |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 29 Oct 2009 13:55:04 |
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kayjatta
2978 Posts |
Posted - 30 Oct 2009 : 07:41:37
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| They probably do, but maybe they shouldn't... |
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toubab1020
12314 Posts |
Posted - 30 Oct 2009 : 10:23:58
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quote:
Originally posted by kayjatta
They probably do, but maybe they shouldn't...
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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