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London Letter: Confusing Gambian Logic!
Tuesday, 19 October 2010 05:01
Editor,Last week we were shocked when Dr. Touray and Mrs. Sissoho were detained at Banjul Police HQ overnight. Then we were confounded when they were sent to Mile 2 Maximum Security Prison.
I was sent an e-mail on Friday by the Spanish NGO denying that they had made ANY criminal allegations against these two HONOURABLE Gambian Ladies. The Spanish also copied the same e-mail to The Point newspaper.
The two Honourable Ladies are INNOCENT! So why should their lawyers “withdraw” the Bail Application?? Surely, innocent people should NOT be detained even for ONE night) let alone until “Next week”? If the state DOES NOT oppose the bail application as it is accepted here, the High Court would be obliged to grant the application. So what is the logic of withdrawing the bail application and leaving these Honourable Ladies in Mile 2 until Wednesday??? I am sorry but I don’t understand!!
The POINT has not printed the important e-mail from the Spanish clearing these two Honourable Ladies of ANY wrong-doing. Why has The Point failed to print such an important story for their readership? Again I am afraid I don’t understand!!
Finally, my friend Halifa Sallah’s long-winded letter asking questions of the two organisations – when he knows very well that the questions have already been answered! Or is he just looking for a chance to quote the constitution again? Again, I totally fail to understand!!!
To be fair to both The Point and Foroyaa, below is today’s lead story from both (“today” being Monday the 18th of October, the first week-day after the Spanish NGO released their vital statement – which both Foroyaa and The Point presumably have not heard of!). Judge it for yourself!
I remain, yours baffled and confused,
Dida Jallow-Halake.
PS: I pray Dr Touray and Mrs. Sissoho do get granted bail on Wednesday. But what if it is denied? Will the lawyers be going back to the High Court again? And this time be opposed by the State! I am baffled!!
GAMCOTRAP officials bail application withdrawn
africa » gambia
The Point Monday, October 18, 2010
The high court in Banjul presided over by Justice Emmanuel Amadi on Friday struck out the bail application filed by the defence on behalf of the remanded GAMCOTRAP officials, Dr Isatou Touray and Amie Bojang Sissoho.
The high court's decision followed the application of the defence team led by Amie Bensouda to withdraw the application before the court, and to further apply for it to be struck out.
"We are applying before the court for the bail application filed to be struck out for the time being," counsel told the court.
According to her, the defence had filed the bail application, but the state did not respond or file any affidavit in opposition. She noted that the matter should resume at the Banjul Magistrates' Court on Wednesday 20th October 2010.
In response, senior state prosecutor Nebo Jones said: "We have no objection to the withdrawal of the bail application. We have not even filed our affidavit in opposition. We are not opposing the withdrawal of the bail application."
The presiding judge, Justice Emmanuel Amadi, subsequently struck out the bail application.
Shortly after the bail application was struck out, one of the senior defence counsel in the case told this reporter that: "We are likely to have bail on the next adjournment date at the lower court (Banjul Magistrates' Court), because investigation into the matter will surely be completed."
Readers would recall that Dr Isatou Touray, Executive Director of the Gambia Committee on Traditional Practices Affecting the Health of Women and Children (GAMCOTRAP), and Mrs Amie Bojang Sisaho, Programme Coordinator, were last Monday arraigned and charged with theft before the Banjul Magistrates' Court.
Prosecutors claimed that the two prominent women's rights activists sometime in the year 2009, in Banjul and diverse places in the Gambia , jointly stole the sum of 30,000 Euros being money provided by the YALOCAMBA SOLIDARIDAD of Spain to GAMCOTRAP.
They were denied bail by the lower court presided over by Magistrate Emmanuel Nkea after the police prosecutor opposed the granting of bail to the duo, and subsequently remanded in custody.
This prompted their counsel to file a bail application at the superior court, which was on Friday withdrawn and struck out, following the request by the defence counsel.
The other members of the defence team are Sagarr Jahateh, Lamin K Mboge and Ebrima Jah.
Author: Sainey M.K. Marenah & Bakary Samateh
Source: Picture: Amie Bojang Sissoho and Dr Isatou Touray
Foroyaa Re: ON THE NATURE OF THE RELATION BETWEEN GAMCOTRAP AND YOLOCAMBA SOLIDARIDAD
By Halifa Sallah on 18-10-10 (70 reads) News by the same author
PC/2/2010
14 October 2010
CHAIRMAN
BOARD OF DIRECTORS
GAMCOTRAP
Dear Board Members,
Re: ON THE NATURE OF THE RELATION BETWEEN
GAMCOTRAP AND YOLOCAMBA SOLIDARIDAD
I have received the news that the Executive Director of GAMCOTRAP and The 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.”
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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 or her to appear in court as and when required by the adjudicating authority. 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 SOLIDARIDAD 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 it is more appropriate for a foreign organisation to 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 shifts the burden and cost of a case from the state and no one would undertake a case in a civil jurisdiction unless one is assured of success because of the share cost involved in losing a battle. Notwithstanding this fact, 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
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Comments
should read ..
"Both Dida and Halifa."
not Dida and Halake. opps sorry!
The mind was too fast for the heart?
I did not take Dida Halake to be smearing Halifa. On the contrary...He aspounds that Halifa will always remain consistant to the Constitution and Law.
Again I would draw you to today's editorial on Freedom Newspaper...aspiring to engage those interlectuals..who are perhaps disengaged to the detriment of the poor?
Halifa....did not leave The Gambia. He has stayed and been imprisoned for his beliefs. He was constructive during the witchhunting debacle and he continues to work for national unity.
Both Dida and Halake have their enemies but no one could ever call either....
A liar.
Halake Is an African patriot..with intelligence.
Halifa a man of great vision and principal.
All can and must be judged on what they say and do.
Equality.
The heart is always more sincere than the mind.
From: Yolocamba Solidaridad-Asturies (asturias@yoloc amba-solidaridad.org)
Sent: 16 October 2010 14:03:05
To: the point (thepoint13
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URGENT ST...pdf (14.6 KB)
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STATEMENT OF THE BOARD OF SOLIDARITY YOLOCAMBA
MARÍA JESUS GAYOL RODRIGUEZ
PRESIDENTA DE YOLOCAMBA SOLIDARIDAD
Halifa always refer on authoritative sources and reference any detail or point based on The Gambia constitution; to expose the infringements, contradictions by law enforcement agents, to help educate Gambians on their civic, sovereignty & political rights/duties/obligations; with issues of crime, justice & political discourse; IN THE SERVICE OF THE NATION!
MAY GOD PROTECT HIM FROM HIS ENEMIES, BLESS & REWARD HIM!
PLEASE FORWARD E-MAIL IN QUESTION?
You see the value of the true Journalist in your inquisitive and logical trained mind.
Could it be that all The Gambia's best journalists...are now sitting here in Freedom...and what's left are numbskulls?
If The Observer...was allowed your free spirit...to note, to challenge and to observe.
The President's workload would be far less.
But as the Mandinka say...." lead horse to water .... but no drink"?
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