Gainako Newspaper

Not since the days of Baba Galleh as editor (if not Kenneth Y. Best
as owner) has a Daily Observer article so utterly arrested my attention
like this dispatch from Brikama a couple of weeks ago. Here's the
lead to the story:

Magistrate Ayoub John Njie of the Brikama Magistrates Court has
told police prosecutors that any accused person detained for more
than 72 hours and arraigned before him will be acquitted.

The article went on to describe how the magistrate who presided over an alleged theft case chided
the state for detaining the defendant beyond the legally allowable 72-hour period without being
brought to court or granted bail. The magistrate went further to state that he would dismiss charges
against illegally detained defendants in the future, if the state continued to violate their basic due
process rights.

OK, granted, it's not the sexiest story of the lot. But, just pause for a minute and think about the
significance of such a stand: Here's a magistrate actually standing up for the constitution, for due
process and for the rule of law. Does this mark a new dawn in the Gambian judicial system? The jury
is still out on that. What's clear is that, it certainly is a bold, courageous and notable development -- a
case, undoubtedly, of speaking truth to power.

Before I hear someone yell into my ear, "Duh, that's what they are supposed to do; that's their job," I'll
hasten to explain. Yes, it is the job of judicial officials to champion the constitution and ensure that
justice prevailed. It is no secret, however, the less-than-conducive environment in which the Gambian
judicial system and its personnel operates.

With full cognizance of these work hazards -- including political interference, judge and magistrate
dismissals, a beleaguered legal profession, poor training and general lack of knowledge of some legal
practitioners such as police prosecutors, to name a few -- it's hard not to marvel at Magistrate Njie's
valiant stand. It is refreshing to see someone championing the constitution where many cower in fear
or buckle under pressure.

The principles which spurred Magistrate Njie's position - i.e. due process and the rule of law -- are
imperative to fairness in any credible and just legal system and, by extension, any democratic
dispensation.

Due process and the rule of law require that any and all accused person(s) get to have their day in
court with a fair hearing. Fairness and justice calls for a speedy trial, representation by an attorney or
qualified legal professional and zealous defense against all charges. Ample opportunity is provided to
all sides to present, examine, challenge and refute evidence. Furthermore, to pass a guilty verdict, all
charges must be proven beyond any reasonable doubt or with a preponderance of the evidence,
whichever standard applies under that particular legal system.

What's more, due process safeguards against the use of questionable or faulty evidence. Forced
confession, evidence obtained under duress or tainted evidence of any kind is not allowable. Most
importantly, under due process punishment that assumes guilt, such as extended detention without trial,
is prohibited strictly.

Following the dictates of due process ensures equal protection for all under the law. For instance, it is
inherently contradictory for the state to defy the constitution (which bans more than 72-hour detention
without charges), while using the same body of laws to charge a suspect. That's a double standard on
the part of the state. Not only is it hypocritical; it puts certain people (the state and its agents such as
police prosecutors) above the law, which is unacceptable under a fair and just system.

Put in another way, the same body of laws (i.e. the constitution) that prohibit theft also prohibits
detention without trial for over 72 hours. Why then should the theft suspect face the consequences
while state agents that unlawfully detained the suspect are allowed to go scot-free? What happened to
equality before the law? This is exactly what makes Magistrate Njie's outrage well founded and
exemplary.

Standing up for due process does not mean one is soft on crime, or that one is in league with the
supposed bad guys. It means we care deeply about fairness and justice; that one would not
countenance the wrongful punishment of the innocent, which by definition constitutes gross injustice.

In a due-process based system, every citizen is presumed innocent until proven guilty, and the state
has to proof all charges beyond a reasonable doubt, before any punishment can be meted out.

With the burden of proof laid on the shoulders of the state, and the standard set so high (beyond any
reasonable doubt, in many cases) one is left to wonder if the system favored the accused.

Yes, the system does seem actually favor the accused in a fair and democratic system. This is so
because it is a people-based system and everyone, every person in that jurisdiction, is assumed
innocent until proven guilty by a court of law ' not by a court of public opinion, or Bantaba court, or
Attaya Vous court or Kangaroo court, where evidence maybe scarce, inaccurate, incomplete,
questionable or tainted in some form or fashion. In effect, the state respects its constituents; it's citizens
so much that it accords them the benefit of he doubt until guilt is determined in a court of law.

There is a simple reason for the presumption of innocence: If the state is to put one of its citizens in
jeopardy of life, limb, or liberty, it has to do so for a good reason. The offence for which the
defendant is to suffer punishment has to be established in a court of law, after the accused has had a
fair chance to defend themselves and clear their name.

If, after (and only after!) this process of finding fact and determining guilt in open court, the accused is
found to be guilty, to have wronged the whole of society by breaking its laws, it follows that the full
weight of the law will then be laid on the offender without fear of injustice being perpetrated by the
state.

Unless and until due process has been observed fully, guilt or innocence cannot be determined fairly.
Without guilt being determined fairly, punishment cannot be justly prescribed. Therefore, detaining
alleged offenders beyond the allowable 72 hours seems like punishment for an alleged offense that has
not yet been adjudicated. It makes light of the rigors of due process. To seasoned legal jurists like
Magistrate Njie, that's an aberration, an injustice.

..............................................POEM
..........SOCCER MOM
................................ By Aisha Saidy .....................July 30th, 2008
At the sound of the alarm
You roll and toss in bed
Hitting the shower
All five senses awake

Down the kitchen
Breakfast fix
Along the drive way
The kids are yelling
Off to school you drop them

In the midst of traffic
You dive your way through
Hitting the road
Hustling and bustling

At five pm
A rush to bargain store
Grocery all over arms
With a big smile
You mask the stress

Along with the diploma
You bag the Masters and PHDs
Like the real soccer game
You level the playing field
Stripping in bed
Scoring the best goals
Satisfying him to the fullest

Wow! Soccer mom
The new name
For the 21st century
Phenomenal woman

By Aisha Saidy Boston, MA
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,NEWS
,,Two Gambian Musicians In
,,,Trouble With Mega Force
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,By Alieu Khan��July 28th, 2008
Mega Force is an organization in Germany dedicated
to the promotion of local talents in The Gambia. One of
their main areas of concentration is exposing Gambian
sprouting stars to the international music scene.

Horicana and Marion were the recent musicians
contracted by them for a European tour. They were
supposed to perform in Germany, Austria, Finland
and hopefully Sweden. The duo secretly decided to
boycott the tour, forcing Mega Force to send
cancellation notices to all their partners.

According to reports both Marion and Horicane were not happy with the way the tour was organized.
After two performances in Germany, Marion decided to travel to Holland to visit her uncle and later
to the UK and currently she is back in The Gambia. For Horicane, he went to join his brother in
another part of Germany.

Both musicians refused to return to resume their tour. One of them insisted that they will only return, if
a proper contract is signed and are paid accordingly.

'We didn't abscond. We were not happy with the way we were treated and decided to leave"
disclosed one of them

Horicane, the hottest Gambian local reggae musician is expecting a huge welcome from his many fans
in Brikama town. This was his debut outside the Gambia, but unfortunately for him he only had two
gigs. His visa is valid till at the end of August.

More on this story, in our subsequent editions. We might hopefully run an exclusive interview with
both Marion and Horicane

.................................................NEWS
....JAMMEH'S BUS HIT PEDESTRIAN
CAUSING DEATH; EYEWITNESSES SAY
...............By Solo, Banjul Correspondent...............................July 28th, 2008
One of the buses of the new Bus company, UNIQUE TRANSPORT SYSTEM COMPANY that
was recently inaugurated by president Jammeh and is said to be owned by him on the July 22
Anniversary 2008, has been involved in a serious accident at the highway immediately after the
TABOKOTO Junction at about Thursday 24th July.

This reporter who was reliably informed by eyewitnesses said the bus was coming from the Abuko
side and going towards Serekunda; that immediately after the TOTAL petrol station, the driver lost
control and climbed on the side walks of the pedestrians where he hit a young man of about 17years
of age.

According to the informant, the bus which did not stop instantly after hitting the pedestrian, swerved
back on to the road and stopped about 100 meters towards Tabokoto junction. Asked about the boy
that was hit by the bus, the informant said he believes the boy had died. He said the police came later
to take his body away. He said at the time of the accident, the boy's parents were not known.

Many people believe that the new bus company did not bring new buses. Some say they have
observed that the buses are second hand. Some are speculating that everything is done in a hurry so
as to coincide it with the anniversary of the Military take over; that even drivers are not adequately
prepared for the job. It is also believe by some that some the buses would not last long because
according to them they are not suited to this environment; that they are made for cold regions. They
also said if the buses go as far as Basse, they would die easily because of the bad roads; the air
conditioning system would be spoiled as it has happened to the Volvo buses.

The other complaint is that the buses are only one door which creates inconvenience for commuters,
fueling speculation that they are meant for school children and not adults. The bus company should
look into the accident and possibly compensate him or his parents and look into other complaints of
the general public with a view to address them.

.................................................NEWS
..Dead Body of Homosexual
...Refused Burial in Touba
........................By Alieu Khan........................July 28th, 2008
It's now becoming clear that homosexuality has no space in Senegambia. The leadership of Touba,
Senegal has refused the dead body of a homosexual to be buried in their holy town.

This late homosexual (name withheld) was among the Senegalese homosexuals who went under
hiding following looming threats on their lives. According to reports from Senegal, the relatives of the
late homosexual wanted him to be buried in Touba, a place that all Senegalese mourids prefer as their
final resting place.

To many Senegalese the Touba leaders have chosen the right decision and through out Senegal they
have been applauded for it.

In February this year, there was a huge demonstration in the Senegalese capital, following the
publication of a gay wedding on the Icon magazine. Dozens of people were arrested, including an
imam.

The Senegalese government has always been under pressure not to allow homosexuality to prevail.
Like many other countries with a huge muslim population, homosexual acts are prohibited under law.

What happened to the body of the late homosexual still remains unclear, but many religious leaders in
all areas of Senegal has contended that the man does not deserve to be buried in any muslim grave
site.

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