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Momodou
Denmark
11737 Posts |
 Posted - 15 Oct 2010 : 19:59:35
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Halifa Sallah Writes to Gamcotrap Chairman
PC/2/2010
14 October 2010
CHAIRMAN BOARD OF DIRECTORS GAMCOTRAP
By Halifa Sallah
on 15-10-10
Dear Colleagues,
Re: On the Nature of the Relation between GAMCOTRAP and YOLOCAMBA SOLIDARIDAD
I have received the news that the Executive Director of GAMCOTRAP and Programme Coordinator of your organisation have been denied bail and are remanded in custody at the Mile 2 Central Prison with great shock. If I had the power to manage a state or influence any one who manages a state I would have made it to be understood what presumption of innocence really means.
Jurisprudence in a sovereign Republic is based on the fundamental premise that the sovereignty of states resides in the people. Hence the protection of the life and liberty of each is the ultimate purpose of a Government. Hence the statute books need to be re-written to accord with the dictates of the Constitution. Section 24 subsection 3(a) states clearly that “Every person who is charged with a criminal offence shall be presumed innocent until he or she is proved, or has pleaded guilty.”
Section 99 of the Criminal Code states:
(1) When any person, other than a person accused of an offence punishable with death or life imprisonment, appears or is brought before any court on any process or after being arrested without a warrant, and is prepared at any time or at any stage of the proceedings to give bail, such person may in the discretion of the court be released upon his entering in the manner hereinafter provided into a recognizance, with or without a surety or sureties, conditioned for his appearance before such court at the time and place mentioned in the recognizance.
(2) The amount of bail shall be fixed with due regard to the circumstances of the case and shall not be excessive.
Hence it is clear that presumption of innocence means that the accused person should enjoy all liberties other than the restriction created by the conditionality imposed on him to appear in court. I would like to think that their current state would come to pass sooner than we may think However what amazed me most is the nature of the case.
I am reliably informed that Dr Isatou Touray and Amie Bojang are accused of theft of 30000 Euro from YOLOCAMBA SOLIDARIDAD. I would like you to clarify for me whether YOLOCAMBA SOLIDARIDAD is an NGO. If it is an NGO how did it get the funds? Do they have a board of directors? Are they required to submit audited accounts to their board of directors? Is GAMCOTRAP required to submit audited accounts to the organisation? Has any audited accounts reflected misappropriation of funds? Did YOLOCAMBA SOLIDAD bring the misappropriation to the notice of their board? Has their board brought any allegations to the notice of your board? Did your board investigate and found the Executive Director and Programme Coordinator culpable? Did your board refer this matter to the police for action?
I hope you will take your time to address these questions. Your answer will help inform the Gambian state how to safeguard the sovereignty of its citizens which is its primary pre-occupation. I am sure legal pundits are now exercising their minds to determine where a foreign organisation should spend money to hire Gambian lawyers to pursue civil suits to recover any money utilised in breach of an agreement and where it is defensible to utilise state resources, agents and machinery to test allegation of criminal liability.
I am sure the legal minds at the Attorney General Chambers must be studying this case and I would like to think that they would put the protection of the liberty of a sovereign Gambian uppermost in their minds. There is no doubt that no body is above the law. One must however make a clear distinction between what should be pursued by civil suit and what should be pursued by criminal prosecution. Suffice it to say that a civil suit shift the burden and cost a a case from the state and no one would undertake a case unless one is assured of success. Notwithstanding this in the process of civil litigation evidence may emerge of criminal culpability. Where charges emerge from such evidence no one would be accused of malicious prosecution. There could be no imputation of ulterior motives.
I would have liked to give wise counsel to the state to revisit the measures taken and leave the two NGOs to slug it out in a civil terrain instead of adding a heavier load on the magistrates who are already handling High Profile cases. However, I have to know the facts before I could be properly guided to form an informed opinion.
While anticipating your prompt and informative reply,
I remain
Yours in the Service of Humanity
Halifa Sallah
CC Secretary General, Office of the President
Board of Directors, YOLOCAMBA SOLIDARIDAD, Spain
Executive Director , GAMCOTRAP
Source: Foroyaa
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