‘Prosecutors alerted to the principles of speedy justice’

Thursday, April 10, 2008
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.




Author: by Musa Ndow