“Justice Rushed is Justice Denied”

Leading defense counsel in the criminal trial involving Moses Richards has described the magistrate’s hastiness to proceed with the matter without the state counsel as injustice.
“Justice delayed is justice denied”, he said, adding that “justice rushed is justice denied” in the trial of a  former High Court Judge – now private lawyer - facing two criminal charges:giving false information and sedition - at Banjul Magistrates’ Court.
He is alleged to have lied to the Sheriff of The Gambia that president of the Republic ordered a stay of execution of a writ of possession in a civil suit; thus gave false information to a public servant and brought contempt into the person of the president of the Republic.
He however denied any wrong doing.
The magistrate who seemed surprised asked: “Why is the defense advocating for the state counsel,” saying that the Deputy Director of Special Litigation, S. Abi reluctantly failed to appear in court as he supposed on the last adjourn date that he will send a letter.
The defense counsel who could not convince the magistrate that most of the state counsels are in the judgment of ex-CDS Tamba told the magistrate to put it in record that it was the wish of court to proceed with the case in their absence. According to the magistrate there are other state counsels who could have represented S. Abi.
Continuing his testimony, Pa Ousman, alkalo of Jabang said he made a statement at the NDEA office in Kanifing in January 2011. “I was asked if what Moses wrote was the same thing I told him to write,” he said
At this juncture the defense applied to tender it but the magistrate said the court could not accept second hand evidence, adding that it is a photocopy and the defense does not lay a proper foundation.
When the defense said he was ready to lay better foundation, the magistrate also said he will adjourn the case, stating that he was not happy about how the case was proceeding.
Gaye, however told the court that the said document was given to him in court by the state counsel in front of the magistrate on the last adjourned date but the magistrate insisted that he has the discretion to adjourn any case he wishes.
Trial resumes April 19.

“Don’t Insult Me” - Banjulinding Imam Challenges Defense In Efry & Rongo’s Case

The Imam of the main mosque in Banjulinding has challenged the defense counsel representing Momodou Lamin Jarju alias Rongo, not to insult him again.

"You should not insult me because I am an Imam. Your father is an Imam too and I will not insult him" the Imam stressed.

The Imam Yahya Bah was reacting to the defense’s statement that he was lying in court when he said that he did not know all the council of elders in Banjulinding in the case of the two APRC loyalist artistes accused of lying against Eric Tundeh Janneh for land grabbing and disuniting the villagers.

The case is underway at Banjul Magistrates’ Court.

Yahya Bah during cross-examination denied saying in court that the conflict in Banjulinding started when Eric T. Janneh was removed from alkaloship in 2007. "The problem started when Rongo and Evry started writing letters," he said

Barrister Jah also accused the Imam of making a statement at the police that too many mosques in the village were causing problems within the village but he denied it, adding that he (the Imam) preaches it every Friday at his mosque.

Defense lawyer also examined that the witness wouldn’t know the content of Exhibit A and B as he cannot speak or write English. The witness said he saw the copy before he came to court and that was the very letter the accused persons read at the Bantabaa.

Even though the Lawyer put it to him that he cannot identify the letter as he is illiterate in English, the witness said: "What the accused read, even if I see it in my grave I can recognise it."

When shown the Exhibit to tell the court which date was on it, the witness said he did not know and had no idea about it. He added that all he knew is that what is written in the exhibit is what he repeated in court.

He said the members who write Exhibit A are presently the council of elders headed by Eric T Janneh, adding that he did not know the elders of council before Eric.

When the defense put to the imam that the council of elders that wrote Exhibit A were members before Eric T Janneh, he said I don’t know.

Trial is expected to continue April 27.

Unequal Steps to Gender Equality Lead to Inequality. how about men's right?

I have been keenly following your column. I must admit that it is one of the columns that I read and get what I LIKE. You must keep it up and diversify it by talking to both men and women. The issues of both men and women should be your future subjects of discussions.
Many a time when people talk about gender, it’s only the female’s aspect which dominates the discussions. I feel that is not the case, gender refers to both sexes, having said that, I will try to address the issues of women rights. Women and activists tend to sideline the men folks. There is too much talk about women’s rights, women’s federations, women’s bill, one can go on and on and the list will never be exhausted. Is this not too much at the expense of the women themselves?
It appears as if gender equality is taking unequal steps which in turn result in the biggest inequality. Women are right! Women’s right......Then What about men’s right.
Let’s closely look at our school system. The campaign on girl education was so much an activity that we have more girls in our school system than boys. All because of the focus on the incentives and other packages set for the girl child. Are we solving a problem or creating more? The answer definitely is we are creating more problems than solving one. What will happen to the many boy children who should have gone to school but will not because the parents’ financial incapacity to pay their school fees? This will create a situation where many parents will rather prefer sending their girl child to school than the male child. The circumstance did not only demand the education of only the girl child. If a boy and a girl child can all come from the same poor parents then what is the sense in talking about education for girls only?
Today if one goes to the rural towns and villages there are more boys not going to school idling than the girl child. What will happen in the next ten twenty years to come when the male folks will be more of a liability than asset to the nation? And even the very girl child that we said we are protecting will be the first victims. How are they going to be the first victims? They will have husbands and their children depending on them, because of the lack of education and employment. In turn these female household heads will suffer.
This campaign of discrimination must stop. Our school system should put in place a system where both sexes will have access to equal educational opportunities. The eradication of illiteracy is the progressive campaign to engage in. Why the segregations, when our constitution is very clear about segregations. Why too much emphasis on girls and not both boys and girls. I agree that yes both should be given equal opportunities but the way we are going in the past years is only going to yield negative impact on the society at large.
Lets also look at the civil service all the chiefs at work places are females. How many female cabinet members? How many directors are females, how many NGOs are headed by females? I have no problems with giving positions on merits basis, no matter what gender the person belongs but just to say yes we  in the Gambia are first to have such and such as a woman is beside the points.
It has become a norm to an extent that that the ministry of education is feminine, so was the justice ministry at one point, and so was ministry of health also at one point. And also at one point almost all the generals were females. I do not have any problems with that but it has to be based on merits.  Women and men are bound to live side by side. Meritocracy has to be given priority.
Our women folks need to be supported and both men and women need to be on the same level when it comes to opportunities, but what I am opposed to is the preference given to the women folks over the men on the pretext of promoting gender equality. Whether done by the state, organizations or individuals, for me that is not the right thing to do.
I am trying to see what effects such a preference over one sex by the other can bring about. Like in the school scenarios, where so much facilities are given to the girl child over the male child and that is leading a drop of male education. I am sure those behind such policies did not foresee the ill effect of their policies. Now that such are coming to light why not something be done now and right now.
The leadership, the numerous NGOs and some state apparatus that focused on girl education at the expense of the male child should revisit the policies.
The access to land and the issues of poverty having a female face are all issues that I read at one time in your column. Land in this country is not exclusively owned and managed by men alone. Go to our rural areas where rice is cultivated. Many of those lands belong and are managed by women. So where is the entire cry about women not having access to land? Family heads mostly manage the land that belongs to the family but it never excludes the female members of the family.
In the village I grew up, yes, there are more male family heads, but when it comes to the cultivation of the land during the rainy season, land is divided equally. Female members of the family have land to cultivate, their upland rice farms, and go to ‘’banta faros’’ they are the leaders in such cultivations, so where is the evidence that women have no access to land? 
Poverty, yes, I would agree is really a course for concern, the women and men are both poor, let no body fool us. In fact the poverty of men roots cause of the poverty of women in The Gambia. It is no secret we are poor and there is no line between women and men as far as poverty is concern. It is sad that the propagandists are peddling the fact that poverty is a feminine thing. The country is a very poor country. Its people be they women or men are just poor. Period.
We need policies that will change that trend. State monies should be spent in the productive sectors, and wisely too. The country is a tax based country, therefore its monies should not just be allowed to waste like it is.

“I Pleaded with Moses Richards to Write …” Says Jabang Alkalo

“Despite the warnings Pa Harry gave me, Moses refused to write on my behalf. I pleaded with him to write the letter but he said he had problem with the Sherriff and if he writes on my behalf it may not be in my favor,” Pa Ebrima Colley told a packed courtroom.
The witness explained that Moses Richards told him that he had a problem with the Sherriff and the matter reached the Minister of Justice.
He was continuing his evidence in the criminal trial involving the former High Court judge facing two criminal charges – giving false information and sedition - at Banjul Magistrates’ Court.
Moses denied any wrong-doing.
The village head of Jabang in Kombo North, West Coast region he was panic when Pa Harry warned him that he had three days left. He said Pa Harry could not allow him to explain when he wanted to, but rather told him to do what the Sherriff asked him to do.
He said he then went back to Moses’ office and told him, “Help me, if you don’t, there will be big problem in my village,” he adduced.
Moses, he said, mentioned other lawyers but he insisted, stating that other lawyers may demand money and he don’t have any.
He said that was the time Richards agreed to write the letter on his behalf only if he explained everything that has happened.
“You mentioned that when you went to the Sherriff’s office, he ordered one Alieu to photocopy a document from a file,” Gaye asked. “Yes”, the witness said.
The document was tendered as ‘ID purpose’ after identifying it as the same document.
Trial resumes Thursday, April 14.

Ex-IGP Ensa Badjie’s Statement Was Obtained at Mile 2 Prison

The cautionary and witness statement of the former police chief was obtained at Mile 2 prisons, according to crime unit officer.
Under-cross examination by Ensa Badjie who was not represented by a legal counsel, Ali Ceesay, officer attached to crime unit in police headquarters in Banjul told the court that he obtained the statement of the police boss at Mile 2 prison.
Ensa is facing a count of abuse of office at the Banjul Magistrates’ Court before magistrate Taiwo Ade Alagbe.
He is alleged to have masterminded the release of one Ousman Drammeh alias Baka who was caught for traffic offence along the Senegambia junction while he (Ensa) was the Inspector General of Police.
In response to the ex-IGP’s question on whether he could recall some of the things he mentioned to him while obtaining his statement, the witness told the court that Ensa told him that he did not appeal to anyone for the release of Baka.
Ensa put it to the witness that he also told him that ex- Captain Lamin Fatty and his men jointly assaulted a PIU officer at Palma Rima junction until they broke his arm but the witness replied: “some are true and some are not”, adding that Ensa only told him that the ex-Captain ordered the PIU officers to move from the Senegambia junction.
The witness further said Ensa told him that he stood by his previous statement when he was obtaining cautionary statement from him
Officer Ceesay further told the court that they received a petition letter from ex-Captain Lamin citing many allegations in which Ensa Badjie was involved in.
Ensa put it to the witness that he never received a petition letter while he was the IGP as the witness claimed, adding that he was only sent a letter when he was detained at Mile 2 prisons for 11 months.
“You said that I had a telephone conversation with Ousman Drammeh. Did I call him or he called?” former police chief asked, but the witness said he cannot confirm that.
“Am putting it to you that pw1 did mentioned in this court that he called me, that I told him it was none of my business,” Ensa advanced, but the witness said he wouldn’t know that as he was not in court.
Case continues Friday 15, 2011

Ex-Parliamentarian Drug Case Proceeds

The criminal trial involving Dawda Manneh, former National Assembly member for Nianija constituency in the Central River Region and Demba Baldeh ex-soldier on Monday proceeded before

acting principal magistrate of the Banjul Magistrates’ Court, Taiwo Ade Alagbe.
Dawda Manneh and Demba Baldeh are standing trial on charges of being in possession of drugs for the purpose of trafficking, as well as conspiracy. They were alleged to have conspired to traffic 9 kilograms and 260 grams of suspected drug (cannabis). But they all denied the charges.
Under-cross examination, 2nd accused Demba Baldeh put it to ex-parliamentarian that he lied in court when he said he did not know him.
“I know him very well and he contacted me many times for me to help him financially pertaining to this matter,” the ex-soldier said
Baldeh also put it to the 1st accused that he never informed him the day he lifted him; that he was containing cannabis in the boot of his car. But the ex-NAM maintained that he needed not to do so.
“How can I put a huge bag in a boot without the owner challenging,” the 2nd accused challenged but the 1st accused said he did not because he was not expecting that the bag contained cannabis.
He added that the 2nd accused told him he was taking clothes and other item for his family

The case resume April 19 for second accused to open defense.

Arm Shipment Row Victim’s Judgment Rescheduled Again

A depressing look could clearly be seen on Karamo Sainey Fatajo’s face after he was told by magistrate Taiwo Ade Alagbe that the judgment will be delivered Monday 18 instead of the previously scheduled date of Monday 11, 2011.
Karamo Sainey Fatajo, a businessman at the Albert market was anticipating to know his fate on Monday 11, 2011.
He is being tried for what the police called ‘breaching the peace’ by allegedly saying that Senegal will attack The Gambia after Gambia government branded Senegalese president, Abdoulie Wade enemy, accusing Wade of engaging in a smear campaign against The Gambia. 
It was the second time the judgment has been rescheduled. It was set for Friday 8 but was again rescheduled for Monday, April 18.
The reason(s) for not delivering the judgment on January 7 was not clear to this reporter, but both the prosecution and defense counsels were in court. The court clerk however told this reporter that the judgment will be delivered next Monday