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A wise interview ? Lawyer Martin

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toubab1020

12309 Posts

Posted - 16 Sep 2010 : 00:06:51

I wonder if this interview was a wise move ? Assan Martin does not mince his words,have a read, if it interests you and if you are concerned about the Courts in The Gambia,not very political I know but maybe someone will voice their opinion.
My favorite Gambian knows the score and is keeping his head down

http://www.foroyaa.gm/modules/news/article.php?storyid=5333

Lawyer Martin dwells on the Gambia�s Criminal Justice System
By Fabakary B. Ceesay on 15-09-10

Lawyer Assan Martin, a human rights advocate cum former magistrate, has lamented on some of the shortcomings of the criminal justice system in The Gambia. Mr. Martin expressed his opposition on what constitutes malicious prosecution.
In an interview with Foroyaa at his office on Wednesday, 8 September, the former magistrate explained that the country�s Criminal Justice system needs to be revisited if it is to be prevented from causing more damage than good in our society and in families as well.
Mr. Martin lamented that more people are being arrested, detained for a long period and later dragged to court without proper investigations into the offences that they were alleged to have committed. He said this leads to endless adjournments just to alter charges and the piling of new counts thus making prosecution evidences too cumbersome for defence counsels. He argues that this undermines the cornerstone of the country�s criminal justice system.
Advocate Martin said �Prosecutors should not persecute individuals for prosecution sake; rather they should prosecute them for the sake of justice�.
He said it is acceptable that criminals should be prosecuted but that it has to be seen to be done objectively in the interest of justice.
Martin asserted that the proper approach that can tackle crime effectively is to resort to instituting a reformative justice system. He added that people should not be prosecuted for the sake of prosecution, but rather prosecution should be based on evaluated evidence which is properly analyze and sufficient for a trial.
The former magistrate also observed that in a proper criminal justice system people should not be arrested and dragged to court on flimsy evidences or just to be humiliated in public, adding that such a trend is a waste of time and would never meet the purpose of justice. He noted that expression of guilt by an accused person who is ignorant of the law could lead to wrongful prosecution and conviction.
Going further, Mr. Martin said �Prosecution should not be based on malice, but on the principles of justice. The essence of justice is not to humiliate or punish, but to help reform individuals where they have offended.�
Lawyer Martin said there are lots of unwarranted remanding of accused persons which he added could demonise the country�s justice system by causing over crowding in the prisons.
He described the remand wing of the Mile 2 prison as presently over crowded.
Lawyer Martin called on the concerned authorities to de-congest the remand wing of the Mile 2 prison by releasing inmates who have been in detention for years and months without trial. He made particular mention of a particular prisoner who he said has been languishing at the remand wing for almost fourteen years without trial.
�Eventually, we all want justice to be done and prevail, but it should be justice based on evidence and due process of the law. But where truth and evidence does not exist, we should never prosecute innocent people, more so on flimsy and trumped up charges�, said Lawyer Martin.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Nyarikangbanna

United Kingdom
1382 Posts

Posted - 16 Sep 2010 : 10:36:57

In addition to what Lawyer Martin has said, I think all prosecutions should be subject to public interest since it is public resources that are used to see these prosecutions through.

Regards

I do not oppose unity but I oppose dumb union.