 |
|
| Author |
 Topic  |
|
|
Momodou
Denmark
11806 Posts |
 Posted - 22 Dec 2005 : 11:10:28
|
COURT OF APPEAL GIVES JUSTICE PAUL THE GREEN LIGHT
The Gambia Court of Appeal, by a majority decision, disallowed the appeal of Halifa Sallah, Omar Jallow and Hamat Bah. These three executive members of NADD were and arraigned before Justice Paul on 18th November 2005. They told Justice Paul that they were not served. They also questioned his impartiality. However, Justice Paul proceeded to enter a plea of not guilty for each of them and remanded them in custody.
In their appeal the three appellants asked the court to set aside the proceedings of 18th November presided over by Justice Paul. They also asked the court to transfer the case to another judge. They argued that they were not served as required by law and they were not expecting an impartial hearing from Justice Paul.
The appeal was heard on 15th December and judgment was delivered today 21st December. Justice Savage read the majority decision. According to him, in a criminal appeal, there must be substantial error leading to miscarriage of justice to warrant them to allow the appeal. In this case he said there is no substantial error and no miscarriage of justice when the judge proceeded with the trial even though the appellants were not served. He further argued that in order for the judge to be recused from the case upon allegation of impartiality or the likelihood of impartiality there must be proof. He pointed out that the appellants failed to prove their allegations by the production of any document. He concluded that since the court cannot rely on mere suspicion it cannot therefore allow the appeal. This judgment was supported by Justice Agim who until recently was the Director of Public Prosecutions (DPP).
Justice Izuako then presented her own judgment which came to a diametrically opposed conclusion. She noted that two issues arise in the appeal (1) fair hearing, (2) whether or not the judge should be recused from the case. According to her non compliance with the procedure of serving the appellants contravenes section 24 of the Constitution which protects fair hearing. This demands fair treatment. She argued that failing to do so would make a prosecution incompetent, noting that the defendants should not be taken by surprise in the proceedings. She countered the view that the court has the discretion to ignore the procedure. She maintained that no court exercises discretion on fundamental rights, noting that fair hearing is a fundamental right. She argued that it was not proper for the judge to enter a plea of not guilty for the three appellants.
On the issue of recusing the judge from the trial she noted that there were pages of unhealthy exchanges between the judge and the appellants. She pointed out that every judge must seek to do justice noting that litigants must have confidence in the court. She pointed out that the safest thing to do under the circumstances was for the judge to recuse himself from the case. She added that proof of bias is unnecessary. That the exchanges and the language used in the proceedings revealed likelihood of being bias. She concluded that there would be substantial miscarriage of justice. The appeal must therefore succeed. She allowed the appeal and ordered that the appellants be arraigned before another judge.
The effect of all these judgments is that the majority judgment stands. This means that Justice Paul will continue with the case.
The appellants however still have the right to appeal to the Supreme Court against the judgment of the Court of Appeal and this court has power to order a stay of proceedings until the final determination of the appeal. This is how matters stand.
Source: FOROYAA
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
Amna
Gambia
76 Posts |
Posted - 22 Dec 2005 : 13:25:24
|
| There has to be something wrong about a chief state prosecutor becoming a seating judge in the same jurisdiction. From Justice Paul to Agim, Yahya continues to prostitute and parade his lack of commonsense, decency and human dignity. The same altar of injustice he is building will the same he is hanged on. His own laws will be his undoing. The Gambian Civil Society Organizations must continue to highlight the deficiencies of democracy, rule of law and justice in The Gambia to the international. The Commonwealth, the AU, UN, the ICJ, must be bombarded and alerted to the open prostitution of the judicial system and services in The Gambia. Some disparage the effect of our actions, but if we keep it up, sooner or later, someone is bound to notice. There are good legal minds amongst our midst, they must help in the cataloguing of the failings of the Junkung Government and continue to expose it to the media. Congress and the British House of Commons are places where an individual member can force their governments to act. Falsehood hates the light of truth and exposure and this is one weapon in our arsenal. Yes, we cannot arm and kill but we can expose them and so we must. |
Amna |
 |
|
|
Dalton1
3485 Posts |
Posted - 22 Dec 2005 : 18:06:24
|
I was dumbfounded, but not at all surprised.
They will end up going to the Supreme court (i believe), but how can any be convinced that the supreme court will over-rule on their appeal.
The exchange of words between injustice paul, and the accussed in this case, doesn't at all yield a fair trial--the fact that injustice paul himself uttered deregatory comments against the case, he was about to preside on. "i know some of you hate me.", he said. It is a probability 1 that injustice paul will hunt these fellows for the exposure, differences, and also being jammeh's robot tool to sink the Gambia for ever.
Either way, i don't see this as a genuine case. The charges against these fellows cannot be proved in any court, so i know the case will be dropped by even injustice paul himself, and that's how innocent they are.
|
"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
|
|
|
| |
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
|
|
|
Topic Locked
