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toubab1020
12306 Posts |
 Posted - 29 Aug 2010 : 22:20:23
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Well it's not as though it was a ton of cocaine is it ?("2g 480mg")
(And my favourite Gambian plays his part well )
This from The Daily News:
http://www.foroyaa.gm/modules/news/article.php?storyid=5238
National News : Court To Deliver Judgment in French National Appeal Case
By Abubacarr Saidykhan on 27-08-10 (179 reads) News by the same author
Justice E.A Amadi of the Banjul High Court, on Thursday indicated that he will on 4th October deliver judgment in the criminal appeal case of Alfredo Picco, a French national who was convicted and sentenced by Magistrate Abeke to a fine of five million dalasi or in default to serve five years in prison for being in possession of 2g 480mg of cannabis.
When the case was called by the court clerk, Major Bojang, a state counsel announced his appearance for the State, while Moses B. Richards informed the Court that he is defending the appellant.
After the announcement of their appearances, Counsel Richards stood up and informed the court that he has an application to make and that the application is supposed to substitute the one filed on the 26 of August 2010.
Major Bojang told the Court that he is not objecting to the application.
”In our formal application and in view of your observation my lord, I am orally applying to substitute the petition of the application filed on the 4 of August 2010 for the one filed on the 26 of August 2010", Mr Richards remarked.
Mr. Richards said his reason for the said application was that their relief was not clearly stated and further craved his lordship’s indulgence to grant the application. Major Bojang stood up at this juncture and informed the Court that he is not objecting to the application, but added that he has some observations to make which will not disturb the application. Before he made his observation known,, the trial judge asked him not to make those points because they are not that much relevant to the case.
The judge then granted the application for Moses Richards to continue.
Counsel Richards said the application is a petition of appeal brought before the honourable Court against the sentencing imposed on his client by the Banjul narcotic court. He said the petition is on 275 Cap 12 01 in Vol. 3 laws of the Gambia 1990.
He submitted that the relief sought is for the sentence by the Banjul Narcotic court to be set aside and or to be substituted by a fine appropriate to the charge that was preferred against the appellant. He further said that they have complied with section 274 of the CPC which requires such appeals to be entered within 30 days of the date of the sentence.
Mr. Richards said in pursuant to section 279 sub (2) paragraph 3 of the CPC, the honourable court is empowered to grant the relief sought. He said the substance of this appeal is that the appellant has pleaded guilty to the said charge on the 9 day of July 2010 before the Banjul narcotics court.
Mr. Richards further said that the petitioner was further convicted and sentenced for the said offence contrary to section 35 1 (a) of the Drug Control Act. He said the appellant was fined to pay 5 million dalasis or in default to serve a 15 year jail term.
He said the petitioner is dissatisfied with the said sentence, adding that they are appealing against the sentence on the following grounds.
A) That the sentence imposed by the learned acting principal magistrate is excessive and unreasonable and cannot be supported having regards to the evidence.
B) That the sentence imposed by the learned acting principal magistrate is erroneous, perverse and a travesty of justice in certain material particulars in that it is based on findings which are not based on or supported by the recorded evidence namely:
(I) from the evidence before the honorable court, there is no nexus between the accused person’s act and this country’s zero tolerance to “hard drug”
(II) The accused person was not engaged in anyway with drug peddling, but had in his possession a small quantity of 2g 480mg for smoking purposes.
(III) Contrary to the considered opinion of the honorable court, the accused person is not one among an influx of tourists into the “Holy city of Gambia” who come here to tarnish the good image of this great country.
(IV) Contrary to the considered opinion of the honorable court the accused person’s conduct was not deliberately unwarranted.
3) That the sentence imposed by the learned acting principal magistrate is disproportionate and unreasonable therefore it has failed to comply with the provision in section 35 1 (a) of the Drug Control Act 2003 under which the accused person was charged for possession of prohibited drugs.
4) That the learned acting principal magistrate failed to consider the accused person’ guilty plea which was taken with sufficient remorse and repentance, as exhibited in his plea of mitigation, and which saved the honorable Court’s time and the State expense.
5) That the sentence of D5 million and/ or in default to pay the said fine to serve a term of 15 years in prison with hard labour imposed by the learned acting principal magistrate on the appellant is harsh, excessive and disproportionate having regard to the facts, the law and the circumstance of the case.
Counsel Richards said it has been proven from scientific evidence that cannabis sativa has medical value. He further said that he is sure that his lordship is not oblivious to that fact, adding that it is use quiet commonly by patients who suffer from asthma and other kinds of diseases.
He cited a case of one Mr. Nyabally and the State at the Gambia Court of Appeal delivered in 1997, 2001 Gambia law reports, regarding the issue of first offenders and improper sentences.
Mr. Richards cited another decision made by the same magistrate in the Banjul narcotics court, in which he sentenced a convict on 840 gram of cannabis. He said this convict was given a three year suspended sentence and banned over to keep the peace. He asked where the principle of equal treatment is.
He said even if the offence is an exemplary one, it should not exceed what it is meant to be.
He said the guilt of a man who commits a crime when that particular crime happens to be in the increase, is no greater than that of another man who commits the same crime when it is under wane. He said that there will be no strict justice but choosing the lesser of two practical evils. He said an offence is an offence and that it must carry the same sentence and should be proportionate.
He finally craved his lordship’s indulgence to employ his heart full of the milk of human kindness to impose a fine on the accused so that he can return to his native France.
Replying to the application, Major Bojang said the defence had given a good reason as to why the said Cannabis was used by his client, especially the issue regarding the health of the accused person that he (accused) ran out of medication which prompted him to use the drug. He said what he wants to make clear is that in this country, Cannabis sativa is a prohibited drug by law in the Drug Control Act 2003. He said even if the use of such a drug is allowed, it must be prescribed by a medical doctor. He cited section 35 1A of the Drug Control Act that the fine for that charge is not less that D 250,000 and a minimum sentence term of three years. He said the sentence considered by the lower court is unreasonable.
He said “I will urge this Court to use its power s under section 249 of the C.P.C sub (3) to sentence the accused accordingly”. He said there are powers to review the sentence.
Judgment is tentatively set for 4th of October 2010
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 29 Aug 2010 22:24:20 |
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Kitabul Arerr
Gambia
645 Posts |
Posted - 30 Aug 2010 : 00:43:53
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Let the punishment fit the crime, period.
Here's another example of a very jumpy mercenary judge...........................lol! |
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