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Gambia: More Lawyers Would Reduce Delay in Trials


 

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FOROYAA Newspaper (Serrekunda)

11 April 2008
Posted to the web 11 April 2008

Isatou Bittaye
Serrekunda

The Secretary of State for Justice and the Attorney General, Marie Saine Firdaus, in responding to a question raised by the National Assembly Member for Wuli West, on Tuesday, said more lawyers in the market will help in the quick dispensation of Justice. The Wuli NAM, Sidia Jatta asked the Attorney General whether the prosecutors are alert to the principle of speedy justice as required by section 24 of the Constitution and further intimated whether her department has introduce any institutional mechanism to combat any delay in the dispensation of justice. In responding to the question SoS Firdaus said it is believed that with more lawyers in the market, more public prosecutors would be available for the police, the chambers and the judiciary to facilitate quick dispensation.

She added that prosecutors are alert to the principles of speedy justice, as required by section 24 of the constitution and that prosecutors upon receipt of case files investigated by the police or other security agencies, carefully pursue such files to establish what offences have been committed, who the witnesses could be, the appropriate venue of trial and whether the chambers or the police should handle the prosecution. SoS Saine Firdaus noted that this depend on the complexity of the case. She said any person who infringes the law and is arrested by the authorities may be released on bail when the offence is bailable or may be refused bail if it is not a bailable offence. She noted that accused persons whose cases are not bailable offences are taken before a court to be remanded in custody pending the conclusion of their trial.

SoS for Justice said despite the challenges, prosecutors endeavour to execute their functions in compliance with the law to the best of their ability. She said her office has been involved in organizing seminars and training workshops for police investigators to avoid delays arising from sending case files back for further investigation after a considered legal opinion.

Marie Saine Firdaus said in the long term, the police institution will have more qualified lawyers in their services and their courtroom experience will help the police to appreciate the mindset of trial judges, while conducting investigations and gathering evidence for trials. She added that the short term training workshops will become more intensified and regular when more funds are provided. SoS Firdaus added that additional judges and magistrates have been appointed to assist in the existing de-congestion of cases, whilst the services of judges within the sub-region have also been secured through technical assistance from development partners to supplement the current pool of judges. She said judicial officers' trainings have also intensified and that will enhance their capacity and output overtime. SoS Saine noted that the posting of judges in other regions and the Law Faculty of the University, are also part of the long term solutions to combat the problem of cases being delayed and this will enhance the quick dispensation of justice.



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