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Momodou
Denmark
11640 Posts |
 Posted - 31 Jul 2016 : 00:29:13
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State admits death of Solo Sandeng
By Rohey Jadama
EditorJuly 30, 2016
http://www.foroyaa.gm/archives/11423
 The state has admitted that Ebrima Solo Sandeng has died in the “process of arrest and detention”. Solo Sandeng 2
This was revealed in a high court judgment on the harbeas corpus case of Solo Sandeng yesterday 28 July, 2016 when the trial court referred to the affidavit of the NIA Director of operations, Mr Jeng.
Justice Eunice O. Dada of the Banjul High Court in her judgment did dismiss the Habeas Corpus case of Ebrima Solo Sandeng filed on his behalf by his Attorneys for the production of his body dead or alive.
When the case was called Lawyer A. Fatty held briefs for Lawyer Lamin S. Camara and Lawyer Binga D announced his representation for the state.
Delivering her judgment Justcie Dada, said the application of the Habeas Corpus was brought by a way of an originating summons. She said counsels for the applicant in their affidavit in support of the application asked for the body of Ebrima Solo Sandeng to be immediately produced before the court, dead or alive.
She further said that the affidavit indicated that Solo Sandeng and some youths on the 14 April, 2016 went to Westfield to protest, that they were arrested and that some of them were taken to court; but that no reason was given by the state why Solo Sandeng was not charged when he is in fact in the custody of the state.
Regarding the response of the respondent state
In response to the affidavit of the applicant, Justice Dada said the state (respondent) filed a 21 paragraph affidavit in opposition deposed to by Sheikh Omar Jeng, Director of Operations at National Intelligence Agency(NIA).
She said the Mr Jeng said Solo Sandeng unfortunately lost his life in the whole process of arrest and detention; that government has setup a commission to investigate his death. She added that the respondent state exhibited the death certificate of the applicant indicating that the primary cause of death is ‘shock and secondary cause of death is Respiratory Failure’.
Justice Dada said Counsel A.A .B Gaye said the respondent having admitted that they detained the applicant beyond 72 hours shows that they disregarded the constitution of The Gambia and he urged the respondent to produce the body of the applicant and produce more facts surrounding his death.
She said Counsel Gaye said if in fact the applicant died in custody a coroner’s inquiry should be done; that the court has power to order for the production of the applicant’s body and for a coroner’s inquiry to be done.
In concluding her judgment, the judge said.“I have looked at the application before me and the prayers sought, this court cannot extend its ambits outside of this jurisdiction and make an order for the production of Ebrima Solo Sandeng. This application is incompetent and is hereby dismiss ”, ruled Justice Dada.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11640 Posts |
Posted - 31 Jul 2016 : 00:31:33
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Did the high Court confirm the whereabouts of Ebrima Solo Sandeng? Yes, it has.
Foroyaa Editorial: July 30, 2016
QUESTION OF THE DAY
Did the high Court confirm the whereabouts of Ebrima Solo Sandeng? Yes, it has.
Ebrima Solo Sandeng is confirmed dead by the court. This matter has put the State in the accused box. They must do everything to explain his death.
Foryaa will follow the matter to its ultimate conclusion. It is also advisable for the State to reconsider the incarceration of the UDP leader and its members who went into the streets precisely to find out what is now confirmed three and a half months after the events of 14 June 2016. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12306 Posts |
Posted - 03 Aug 2016 : 00:36:58
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QUOTE: "What is known to the law of the land is that a Coroner should be immediately informed of the death of any person in custody. Nothing is said to the court indicating that a Coroner took charge of Sandeng’s case. It is only a Coroner who should have ordered for a post mortem to be done by a competent medical practitioner or any person qualified to conduct such investigation in order to determine the cause of death."
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I have asked here on Bantaba in Cyberspace a long time ago if there are Coroners Courts in The Gambia , as usual with my postings no reply was posted.
You can read the full story from Foroyaa from the link below:
http://www.foroyaa.gm/archives/11448#more-11448 |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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State admits death of Solo Sandeng
