Marie Saine Firdaus, Attorney General
and secretary of state for Justice, has strongly confirmed that
prosecutors are alerted to the principles of speedy justice as required
by Section 24 of the Constitution of the Republic of The Gambia.
According to her, the prosecutors upon receipt of case files
investigated by the Police or other security agencies, carefully peruse
such files to establish what offence(s) have been committed, who the
witnesses could be, the appropriate venue of trial and whether the
chambers or the police should handle the prosecution, depending on the
complexity of the case.
SoS Saine Firdaus made these statements on Tuesday, while answering
parliamentary questions from the NAM for Wuli West, Hon. Sidia Jatta,
during the first meeting of the National Assembly in the 2008
legislative session.
According to her, any person who infracted the law and is arrested by
the authorities may be released on bail when the offence is a bailable
or may be refused bail if it is not a bailable offence. “Accused
persons in non bailable offences are taken before a court to be
remanded in custody pending the conclusion of their trial” she said.
She further added that despite the numerouse challenges faced,
Prosecutors endeavours to execute their functions in compliance with
the law to the best of their ability, noting that the office of the
Attorney General has been consistently involved in organising seminars
and training workshops for police investigators to avoid delays arising
from sending case files back for further investigation after a
considered legal opinion.
SoS Saine Firdaus further revealed that, in the long term, the police
institutions will have more qualified Lawyers in their service and
their court rooms experience will help the police to appreciate the
mindset of trial of judges while conducting investigations and
gathering evidence for trial.
“Additional judges and magistrates have been appointed in recent times
assist in the existing decongestion of cases whilst the services of the
judges within the sub-region have also been secured through technical
assistance from their development partners to supplement the current
pool of judges.
The training of judicial officers have also intensified and it is
believed that it will enhance their capacity and output over time. A
new judge has been posted to Basse High court in URR to reduce the
distance of witnesses from that area. Noting that more permanent
residents magistrates are expected to be posted to each of the regions
up country very soon” she said.
The Attorney General then emphasised that the Law faculty in the
University of the Gambia is another commitment to the long term
solution to combat the problem. “It is believed that with more Lawyers
in the market, more public prosecutors will available for the police,
the chambers and the judiciary to facilitate quick dispensation. Each
of the listed steps are part of the on going institutional drive to
combat the problem of delay in the dispensation of justice” she said.
Detention without trial for 72 hrs
Asked to furnish the members with the names of all persons under
detention without trial for more than 72 hours, if any, SoS Firdaus
stated that the said question concerns the Department of state for the
Interior and urged the Hon. Sedia Jatta to redirect his question to the
said relevant answer.