Monday 17 October 2011

Moses Richards released from prison

Richards finally breath air
By Sainey M.K. Marenah, Managing Blogger
Lawyer Moses Richards, who was recently convicted and sentenced to two -years-six-month imprisonment, has been released from prison, The Point was reliably informed.
Richards, a former judge at the high court in Banjul, was convicted recently by the Magistrates’ court in Banjul, for sedition and for giving false information.
Though family sources did not advance any reason for his release from prison, the move has come barely a week after Richards was said to have written an apology letter to President Yahya Jammeh and begged for mercy.
Our reporter, who visited Richards' Latrikunda German residence yesterday morning, was told by a family member, who confirmed his release from prison, that Richards was out of the house by then.
“Yes, it is true that Moses Richards has been released from prison,” Fatou Kujabi, a family member, said.
It would be recalled that Moses Richards last week filed an appeal against his conviction at the Special Criminal Court, but before it could not be heard the Bar Association, which represented Richards, asked high court judge Justice Nkea to excuse himself from hearing the appeal.
Richards was convicted last month after the Banjul Magistrates’ Court found him guilty of giving false information to the Sheriff of The Gambia in November last year, by stating that the President of the Gambia had ordered the stay of execution of the writ of possession in a civil suit with intent to cause the Sheriff of The Gambia to stop the execution of the said writ of possession.
He was also convicted on grounds that he published a letter to the Sheriff of The Gambia stating that the President of The Gambia had ordered the stay of execution of a writ of possession in the civil suit with intent to bring into contempt the person of the President.

Jammeh boosted by opposition pact failure

President Jammeh, Hamat, Darboe and Sallah
Incumbent President Yahya Jammeh has his chances of re-election for a fourth term in office boosted further after efforts by seven Gambian opposition parties to agree a single candidate to stand against him ended without any outcome.
Leaders from the fragmented opposition UDP, PDOIS, NRP, NADD, GMC, PPP and GPDP held weeks of talks, between September and October this year, on fielding a single candidate against Jammeh, but the talks foundered with no agreement on who should put up the candidate.
A press release issued and signed by leaders of the seven parties, among others, highlighted the disagreement among representatives of opposition parties at the said meetings, with just five weeks to go before the Presidential Election slated for Thursday 24th November 2011.
Below we reproduce the full text of the press release verbatim:
We, the undersigned, having met from the 3rd of September to 14th October at the YMCA and People’s Centre respectively have mutually agreed to issue this press release as a true reflection and summation of the deliberations and outcome of a meeting convened in response to an invitation by the UDP for Opposition Parties to meet and discuss the issue of Unity and the modalities of fostering it.
All the non-ruling party allied opposition parties in The Gambia, namely in alphabetical order, GMC, GPDP, NADD, NRP, PDOIS, PPP and UDP participated in the deliberations.
Six long sessions were held characterized by frank, sincere and insightful debates that enabled each delegate to form and even reformulate opinions in the course of the deliberations.
At no time of the discussion was the outcome predictable to anyone. Consultations continued until the 11th hour. All views were entertained and all intolerance muted.
A climate of respect for freedom of expression and tolerance of divergent views was maintained. Decorum ruled the relationship of the representatives.
The outcome of the meeting of 3rd September to 14th October 2011 is that all opposition parties present supported the creation of a United Front.
In terms of the modalities of creating the United Front, a motion was introduced for all parties to support the holding of a convention to determine the selection of a Presidential candidate.
It was moved that proportional representation should be introduced relying on the results of the 1996, 2011 or 2006 elections; that the person who emerges second in the election serves as an interim shadow cabinet prior to the elections and mutually agreed reform agenda should be accepted as an election manifesto.
Participants were requested to endorse the proposal to make the UDP initiative a historical success.
The motion was seconded and supported by 5 parties namely, GMC, GPDP, NADD, NRP and PDOIS. Two parties not in support of the motion were UDP and PPP.
In his closing remarks, Mr Ousainou Darboe, the leader of the UDP, the convener of the talks, expressed his deep appreciation for the response given to the invitation of his party to the talks, and the time, energy and wisdom displayed by all participants to enable us to conclude the talks in a climate of tolerance, respect, and sincerity.
He said that even though the proposal his party made for a UDP-led alliance is not accepted, he is of the view that it could achieve the objectives stated in the motion for a Convention.
He said that his party accepts the outcome in good faith and the historians would record it as an effort by his party to bring the opposition together, even if it did not turn out as they wanted.
The other delegates indicated that history has been made in participating in a meeting where every delegate has the freedom to express his or her views.
They acknowledged that everyone was humble, as true servants of the people should behave.
All views were listened to, and each was free to make and revoke decisions. The deliberations were truly participatory and democratic.
They commended the UDP for taking the initiative, and wished that all emerged from the talks with one voice and one position. They expressed the need to maintain relations between those who support a convention and those who did not, so that through further consultation, unity may eventually be attained.
The chairperson of the talks, Mr Amadou Taal, closed the talks by urging for further consultation to be made to close ranks before nomination.

Wednesday 5 October 2011

Ex-Police Chief appeals life imprisonment

Ex Police Chief: " I must Appeal this Bogus verdict"
By Sainey M.K. Marenah, Managing Blogger

Ensa Badjie, the former head of the Gambia Police Force, has filed an appeal at the Gambia Court of Appeal against his life imprisonment sentence by the Special Criminal Court in August of this year.
The ex-police chief was found guilty on robbery-related charges, and was convicted and sentenced to life imprisonment.
Confirming the appeal, lawyer Borry Touray said, “Yes, you are right that my client had filed an appeal at the Gambia Court of Appeal challenging the superior court’s decision, some months ago, since his conviction.”
It would be recalled that Badjie was found guilty of seven out of 12 charges filed against him by state prosecutors in May 2010, after his arrest in March of the same year.
Badjie was convicted alongside former Chief Superintendent of Prisons Ali Ceesay, who was sentenced to three years or a fine of D30, 000 after being found guilty on one out of the three-count charge preferred against him.
Ceesay was acquitted and discharged on count 14, conspiracy to defeat justice and interference with witnesses, and on count 15, which was about deceiving witnesses. He was found guilty on count 16, which was an offence relating to judicial proceedings.
Indicted since May last year, Badjie was accused of conspiring with others “to break into and rob shops, banks and supermarkets between the years 2007 and 2009”, and thereby committed an offence.
Badjie was convicted and sentenced to seven-year imprisonment on count one, which was for conspiracy to commit a felony, 14 years on count two, which was for robbery with violence.
He was sentenced to life imprisonment on counts five and seven, which were about robbery with violence, and two years on count 11, which was aiding a prisoner to escape, and another seven years on count 12, which was for official corruption.
Ex-police chief Ensa Badjie and his co-accused first appeared at the Special Criminal Court on Friday 21st May 2010, where their plea of not guilty was recorded, following their denial of the charges preferred against them by the state.
The prosecution in order to prove its case called several witnesses to testify, including one Soriba Condeh, a convict serving a jail term of 14 years at Mile 2 prison, Pateh Jallow, former deputy chief of the National Drug Enforcement Agency (NDEA), Muhammed Sillah, a police officer, Muhammed Darboe, also a convict at Mile 2, and Baba Tundeh Khan proprietor of the famous ‘City Pub’ Bar and Restaurant.
Also called as prosecution witnesses were Fatou Jatou Mendy, Salieu Baldeh, another convict serving a jail term, police superintendent Landing Bojang, officer commanding Serrekunda Police Station, police inspector Abdoulie Sowe, officer commanding Criminal Investigation Department (CID) Bakoteh Police Station, and Dodou Janneh alias Do Boy, a murder convict serving a death sentence.
Ensa Badjie is already involved in another trial alongside two other senior military officers, under a 51-count charge including drugs-related offences, corruption and theft.
He is also currently appearing before the Banjul Magistrates’ Court for charges relating to abuse of office alongside Tijan Badjie, former head of police prosecutions Banjul division.

‘Gambians need a new leader…’, says Henry Gomez

Henry Gomez: " Gambia Need new Leader."
By Sainey M.K. Marenah, Managing Blogger
“Gambians need a new leader, and all what we are calling for is change. People are yearning for change because 17 years of APRC leadership is enough,” declared the leader of the opposition Gambia Party for Democracy and Progress, Henry Gomez.
He told this reporter, in an exclusive interview yesterday, that recent talks held by the opposition to form a united front ahead of the presidential election, were not a failure.
He added that hopes are still alive that the issue of a united opposition front will come to fruition, ahead of the scheduled Presidential Election on November 24.
In his view, the issue of alliance is bigger than the wishes of all of the opposition political leaders, because the interest of Gambians is at stake, something which should be put into consideration.
Gomez urged his fellow politicians to put aside their selfish interest, and work towards the betterment of all Gambians.
Citing the outcome of the recent election in Zambia, Gomez said that such a development can also happen in The Gambia, as Gambians are yearning for a change.
“We believe in democracy and, come 24 November, Gambians will have a new leader and new party. The APRC leadership has to leave after 17 years bearing the mantle,” he added.
Explaining the outcome of the recent consultations of opposition leaders, Henry Gomez said the talks held by the opposition, to form a united front ahead of the presidential election, were not a failure.
Gomez went on to dismiss remarks that the talks by the opposition leaders failed, describing such comments as baseless and lacking substance.
“Our discussions were frank; we did not quarrel, because we are all matured politicians; but let people know that there was no failure in the opposition talks.
“The problem is there are two ways that the opposition leaders are looking at. One is the issue of a convention, and the other is that of a party-led alliance,” Gomez continued.
Having been denied the chance to contest the 2006 elections, Gomez said he is ready to throw his weight behind any opposition candidate chosen by Gambians.
According to him, political party leaders and Gambians, in general, should allow a convention, which he said is the norm in other countries.
“So why should The Gambia be an exception to this convention. When we practice it in The Gambia, other countries will also learn from us, and this is the beauty of democracy,” he further stated.
“I am in for a convention, because we cannot have a party-led alliance; a party-led alliance in my own opinion is undemocratic. We as leaders are chosen by Gambians, and we should respect the decision of the people,” he said, adding that Gambians have to be given the opportunity to choose their leaders.
Gomez said he and Halifa Sallah of PDOIS agreed on the need to hold primaries for Gambians to choose their leaders, adding ,that is what Gambians need, at the moment, in order to pose a threat to the ruling APRC party and incumbent President Yahya Jammeh’s 17-year rule.

Confusion over election campaign period

Confusion erupted at the Independent Electoral Commission (IEC) yesterday following argument between representatives of political parties and the Commission, about the stipulated 11 days official campaign period for the forthcoming Presidential Election slated for Thursday 24th November.
While opposition party leaders declared that the stipulated time frame for the campaign, which runs from the 12th to 22nd November, is “grossly inadequate”, the IEC chairman, Alhaji Mustapha Carayol, said the campaign will take place as scheduled, and the dates cannot be changed.
The deputy IEC chairman, Malleh Sallah, added that not changing the dates does not mean that the election will not be free and fair.
“In fact, this election will be the most free and fair election ever held in The Gambia,” he added.
Also raised at a press conference held at the Election House yesterday was the issue of people who registered more than once, and what measures the IEC should take to address such malpractices.
Halifa Sallah - PDOIS
First to raise the issue was Halifa Sallah, Secretary General of the Peoples Democratic Organisation for Independence and Socialism (PDOIS), who asked for the views of the IEC on the need to review the campaign period from the stipulated 11 days to something closer to three weeks or a month.
“The IEC has up to 30 days since after the date of nomination is declared before elections. So we are considering a review of the campaign period from the 11 days to something closer to a month or three weeks,” he said.
Sallah also said he is not insisting that those who registered more than once, and failed to surrender the other cards be taken before a court, but is insisting that the IEC publishes the names of those people to shame them, so as to avoid a repetition of such malpractice.
“Something ought to be done to teach those people and the rest of the Gambian people that to conduct themselves in such a way is not only unlawful, but disgraceful,” Sallah stated.
Ousainou Darboe - UDP
Ousainou Darboe, leader of the opposition United Democratic Party, UDP, stated that a free and fair election is more the business of Gambians than going through the motions of elections and making it the business of Gambians.
“It is not unprecedented for election dates to be announced and postponed. That is not unprecedented in the world. The law doesn’t say that when campaign periods are declared, it is not subject to change. The law doesn’t say so. I think the commission should be pragmatic about this, because this can be changed and it should be changed. Why do we have a shorter period,” he added.
According to Darboe, the opposition can go out to campaign, but the main issue is that of having coverage by the national television.
“We have seen the APRC having access to the television every minute of the day, selling their ideas and programmes, which we do not have,” he said.
Darboe believes that having access to the state media will give an indication that elections in The Gambia are really free and fair, and not something that has been done just to go through the motions. He noted that it is not immutable that IEC cannot change the campaign period, unless the Commission says that they are not going to change.
“The IEC should not fail its responsibility of having those who registered more than once face the consequences of the law, and that their names should be deleted. They have committed a crime, and they should not be allowed to benefit from the fruits of their crime,” Darboe went on, adding that they must face the consequences or otherwise the IEC will be compromising its credibility, and that would not bring feathers to their cap.
Hamat Bah - NRP
Also at the press conference was Hamat NK Bah, leader of the opposition National Reconciliation Party, NRP, who called on the IEC to address the issue of inconsistencies regarding the handling of cases by the revising courts as, in his view, non-Gambians have registered and are going to vote in the elections to decide the destiny of this country.
“We hope that the IEC will act as quickly as possible so that these things can be addressed. The time frame allocated for us to campaign is grossly inadequate. The APRC has been using the radio and television for over 1000 days, and we would only be allowed to use it within 11 days, which is sad,” Bah said.
According to him, the forthcoming presidential election is crucial, and that the opposition will not stand idle and wait for their victory to be robbed or for them to be robbed of victory.
“We will stand firm to defend our fundamental rights. The IEC has been compromising too much regarding those who have illegally registered themselves more than once. Those who have committed these crimes must not be allowed to vote, because they have already committed a crime. We are compromising too much, and the more we do that, the more we compromise the credibility of the system,” he added.
The NRP leader further opined that the country deserves a free and fair election.
“We are in a year of transformation, and Gambia cannot be an exception. Let’s go by the rule of law,” he told the gathering.
Samba Gajigo – APRC
Samba Gajigo, the Administrative Secretary of the ruling Alliance for Patriotic Reorientation and Construction (APRC) expressed a different view.
He said the duration for the campaign is adequate.
“What is most important is for political parties to take advantage of the period they have now not necessarily holding rallies, but campaigning,” he said, adding that political parties must continue working as parties to ensure that they entrench their parties within their communities.
According to him, campaign periods are periods when tempers are usually high. He opined that election management is the business of everybody, but most importantly the business of the IEC, who needs to manage that period so well that it is devoid of excessive problems that would hinder the credibility of the elections.
“The IEC has the responsibility and the duty to look at the best time frame, and this is what they have done. I totally share the view that the period allocated is adequate,” he added.

Tuesday 4 October 2011

Lawyers protest Moses Richards conviction

By Sainey M.K. Marenah, Managing Blogger

Ex Justice Moses Richards
Members of the Gambia Bar Association yesterday began a week-long stay away from the courts, in protest against the jailing last month of former high court judge and lawyer Moses Richards by the Banjul Magistrates’ Court.
The move, sources close to the association said, followed a meeting by members of the Bar, who have called for Richards’ release.
The protest action at the high court in Banjul yesterday virtually interrupted all court proceedings.
The lawyers’ strike took effect on the very day, Monday, when judges at the high court in Banjul resumed sittings, after the traditional annual summer recess for two months.
It would be recalled that lawyers did embark on an earlier strike, in January 2011 which only lasted for three days, against the arrest and prosecution of Richards.
In a press release issued last month and signed by its President, Sheriff M. Tambedou, the Bar condemned Richards’ conviction, which it “considers as an assault on the independence of the profession, as well as a malicious attack on the independence of the Bar.”
“By this appalling act the Gambia Bar Association considers the whole Gambian legal profession and the rule of law to have been tried and convicted by extension,” the association said in its statement.
At the Banjul Magistrates’ Court, there was a court sitting on a drugs-related case without the presence of any lawyer, this reporter confirmed.
When contacted yesterday, Kombeh Gaye-Coker, Secretary General of the Gambia Bar Association, confirmed that the lawyers are indeed on strike, stating that it is true that the lawyers embarked on a week-long strike to show their “disapproval” of the conviction of Moses Richards, who was jailed last month for two years six months with hard labour.
“We have made a request and, if approved by the Inspector General of Police, on Monday 10th October, we plan to have a peaceful procession from the High Court in Banjul to Mile 2 Prisons,” she added.