Dear Lawyer Mandela Darboe,
I use your earned honorific title “Lawyer Mandela Darboe” most respectfully – and I believe I was the first to use it on KairoNews and JollofNews when Bandit Yahya Jammeh murdered Solo and arrested you and your colleagues.
I write this first letter to you because 4 Gunjur Environmental Activists are standing charged in the Brikama Magistrates Court today – just as you stood charged in the Banjul Magistrates Court when the Bandit denied you and your colleagues food – food that was brought to the court by your family (appalling behaviour from any human-being, let alone an African).
This first day of the trial of the 4 Gunjur Environmental Activists has, from solid evidence given in court by Golden Lead’s own manager, shifted the moral ground of this dispute and planted these 4 Activists feet firmly there – even though the facts viewed objectively convict the 4 Activists as charged.
The facts, from a simple perusal of the earlier media reports – and the 1st day of trial report reproduced below are clear:- … The court would likely find the 4 Gunjur Environmental Activists guilty as charged (I explain below);… The generally public will consider the 4 Gunjur Environmental Activists moral victors and heroic (I explain below).
We no longer have Jammeh’s Kangaroo Court that convicted you Lawyer Darboe, but I respectfully suggest that their conviction will, like yours, be seen by the general public as “unfair” because, like you, they are fighting a righteous cause – against environmental damage.
They will be convicted, but they will be seen as moral victors – just as Lawyer Mandela Darboe and colleagues were seen as heroes when they fought for Gambians Rights and were convicted and jailed by Bandit Yahya Jammeh: Golden Lead’s pollution of Gunjur and Sanyang Beach is, I think, a direct result of JAMMEH’S BANDITRY – Golden Lead would not have been allowed to establish in The Gambia without bribing Jammeh himself heavily and, once Jammeh has been adequately bribed, not even the NEA had the power to stop Golden Lead from doing what they wanted in The Gambia.
In fact, that is a question that should be put to Golden Lead’s manager: “Would you and the NEA had any power to tell Golden Lead ANYTHING – and wasn’t your trip to Senegal and Mauritania therefore a waste of time?” – that is assuming that the 4 Gunjur Environmental Activists get a lawyer. But I do see the point of the charges.
In the New Gambia, free of Jammeh’s terror, people are taking the law into their own hands and trying to deal with the mostly legitimate grievances they have had for years. But, even when people have a righteous complaint like these activists, they must not take the law into their own hands – and I would have thought that a man of Dr Amadou Scattred-Janneh’s education should have known much better.
CONCLUSION:
In conclusion, I think it would be a just outcome if:-
… The state, through the police prosecutor, withdraw the charges against the 4 Gunjur Activists;
… The state, through the NEA, rigorously ensure that Golden Lead MUST
a) stop the pollution entirely
b) put in an advanced, “not standard”, treatment plant
c) ensure that Sanyang Beach is cleaned up to its previously prestine “Golden Sands” condition – which I know well having pick-nicked there.
I paste below the Foroyaa report of the 1st Day trial with my comments.
Yours sincerely, and wishing you all a blessed Haj,
Dida Jallow-Halake,
Notting Hill, London.
…………………………….
Foroyaa Report
The trial of four activists continued yesterday, June 5th at the Brikama Magistrates’ Court presided over by Magistrate Omar Cham.
The four activists who were not represented by a legal practitioner are charged with the following THREE counts:
1. Conspiracy to commit a felony, contrary to section 368 of the Criminal Code Cap 10.01 Vol. III (Comment: CONSPIRACY simply means they planned to do an unlawful act together)
2. Criminal trespass, contrary to section 285 (A) of the Criminal Code Cap 10.01Vol III (Comment: TRESPASS means they were on private property without permission)
3. Wilful damage to property, contrary to section 312 (1) of the Criminal Code Cap 10.01 Vol III Laws of the Gambia 2009. (Comment: WILFUL DAMAGE simply means the decided to remove/destroy the pipes)
……………………………..
Comment: This is serious, because from all the evidence that was in the news, the police have formulated the charges carefully and these people will almost certainly be found guilty as charged. BUT, WHY “NOT REPRESENTED”?
WHERE IS MADI JOBARTEH AND ALL THE “HUMAN RIGHTS LAWYERS”? Why hasn’t Dr. Amadou Scattred Janneh made sure that a lawyer is in court to represent these people?
………………………………
Comment: BUT ALTHOUGH THEY WILL “almost certainly” BE FOUND GUILTY OF THE CHARGES, THEIR POLITICAL AND MORAL CASE SEEMS VERY STRONG INDEED:- “PW1 said prior to the Golden Lead operations in Gunjur, their management together with one Mr. Dibba of the National Environment Agency embarked on an assessment study at two similar factories in Senegal and Mauritania respectively” which suggests that …
Comment: NATIONAL ENVIRONMENTAL AGENCY WAS GUILTY, DURING JAMMEH’S TIME, FOR GIVING THE GO AHEAD FOR THE
POLLUTION:-
………………………………
PW1: “The primary intentions of our visit was to ascertain how those factories managed their waste products and we realised that the said two companies discharged their waste directly into the Atlantic Ocean,” .
Comment: BUT YOU DID NOT ALSO “ASCERTAIN” WHETHER IT WASSAFE TO DO SO!!
PW1: “He said upon their return to The Gambia, they also “thought that they could do the same thing since it is the same Atlantic Ocean” and that is why they (Golden Lead) too connected pipes to discharge their waste into the Ocean”.
………………………………
Comment: GOLDEN LEAD FAILED TO DO WHAT THEY WERE TOLD TO DO (DURING BARROW TIME?)
PW1: “He admitted that after some time, the NEA recommended that they should put in place a standard and a functional “treatment” plant before continuing to discharge waste into the Ocean but they (Golden Lead) failed to
meet this requirement …”
………………………………
Comment: “DRAGGED TO COURT” BY THE SAME NEA THAT GAVE THE GO AHEAD TO THE POLLUTION.
PW1: “ … and then they (Golden Lead) were dragged to court by NEA and charged with 4 counts of offence”.
………………………………
Comment: “NEA WITHDREW THE CASE” – NO REASONS.
“PW 1 testified that during the course of the hearings, the NEA withdrew the case but he failed to state the reasons for such a move.” The case was subsequently adjourned till 19th June at 10.00am.
Ousainou is the Foreign Minister of The Gambia and the Secretary General of the United Democratic Party. Just putting some facts into perspective.
These two facts does not and should not give Ousainou the prerogative to intervene in a case that’s in the process of litigation.
If anything, he should ONLY add his voice and condemn the illegal prosecution of these heroes of freedom and liberation. That will set an example on the separation of executive and judicial powers.
Any political interference on his part, either way, will be a continuation of the status quo as obtained under Dawda and Yaya.
………………………………………………………………………………………………
Good luck next time to LeBron and the Cavaliers.
Folks I offered at the outset of the Golden Lead debacle that folks urging the Gunjur youth to take the law into their own hands were agitators looking for cheap popularity and looking to ride on people’s backs for cheap and self serving gain.
I’ve not heard of Amadou Janneh playing any meaningful role of recent. He, instead, has disappeared out of the elusive limelight that he fought so hard to snatch from genuine folks looking to resolve what’s labeled by shortsighted folks as wholesale contamination and spewing out poison. Apparently Kitabu the comedian’s “alternative government run by diasporans” has worked tirelessly to rob the Gunjur youth off of any possible gains that would have been derived from their efforts at resolution.
There’s nothing stopping protesters from setting up camp to protest all they want outside of the Golden Lead plant for that’d indeed be in the exercise of their civil rights. No one should have issues with that!
Now some of the protesters have clearly run afoul of the law and must face the consequences for acts of trespass and vandalism. There’s no reason that Ousainou Darboe or anyone in a similar position should add their voice to this seeming debacle that could have been resolved amicably in the first place. Now Amadou Janneh and his cohort of agitators have melted away leaving the poor Gunjur youth holding the empty bag. Now we see why Gambians keep questioning the real motives of diasporans seeking to steal the show.
See here’s the problem that I have with folks that willingly did Yaya Jammeh’s unsavory bidding for him but then come back to sell us the silly notion that they took up appointments for the intent of fighting Yaya Jammeh in the hope of initiating change from within. The same opportunists then try harrowingly to make a come back in a bid to claim leadership roles that they do not deserve anyway.
It’s little wonder that the Barrow government wouldn’t touch these folks with a long pole!
Like you’ve not been observed over time? Like the greater Banjul area isn’t this tiny nucleus where everyone is into the other person’s business?What do y’all think we are?
Ba Tambadou is the Chief law enforcement officer in The Gambia. It is his responsibility to protect the citizens from wrongful prosecution by refusing to allow this case to move forward. Dida your letter should be addressed t to the AG and Minister of Justice. Any intervention by Lawyers Darboe or the President will constitute undue and unacceptable interference between the Executive and Judiciary. It might be the right moral thing to do, but the wrong legal and political step to take.
You all make the same valid points re: AG’s role not Foreign Minister. Agree 100%.
I was thinking of “Human Rights” influence of Lawyer Darboe as a “Human Rights Lawyer” … and indeed an influential member of the Barrow Government as the Leader of the majority party in parliament.
Andy, I totally agree. People with a genuine grievance can easily be misled by opportunists.
I just hope the case is dropped and the pollution issue is resolved.
…………………………………………………………………………………..
Lamin, thanks for the condolences. King James will be back for the NBA title in 2019 … with Philly as most think, or with BOSTON as I hope (Brotherly Re-Union with Irving there will be GSW worst nightmare)
I agree Luntango that the AG may choose to drop the charges in the interest of giving peace a chance but in the same vein urging all parties to bury the hatchet and come to the table to resolve this environmental issue that’s largely taking the form of a drama.
100% agree Andy. THE KING’s “BEAUTIFUL” DEFEAT – I was going to wax lyrical in a ‘London Letter’ but the Guardian beat me to it. Enjoy the read …
https://www.theguardian.com/sport/blog/2018/jun/09/lebron-james-greatest-never-better-hand
The issue of Golden Lead always brings out a high level of polarity in opinions both in cyberspace and otherwise. Various ideological and political inclinations surface to compete for readers and listeners. This, in my mind, has given way to a precarious debacle that’s not about to go anywhere any time soon.
Blame games, especially those apportioned on legitimate freedom fighters, will only be counter productive.
———————————–
If this government or any Gambian for that matter is serious about industrialization, they better start figuring out how the conversation will revolve around clean industrialization. The word industrialization or industry without clean been attached to it, belongs to the 20th century and not the 21st.
Dida Halku we are tired of people sitting somewhere outside the Gambia controlling the narratives within, especially those who waited until they fell out with Jammeh start playing the devil’s advocate. Gambia can no longer tolerate chancers, opportunists, place-seekers, lobbyists and hypocrites. Barrow is in charge.
Keluntang, I divorced your grandmother a long time ago. Get over it!
Bajaw answers you below.
Really, is Adama in charge?
Is the narrative space confine to and people living in The Gambia? Can any single person or group of people control a narrative because he, she or they participate in shaping, constructing and deconstructing its various shapes, petterns, forms and angles?
Are all Gambians who fell out Jammeh evil that you would like to condemn them to eternal silence? Is associating with Yaya just in itself a crime?
————————————
In humble anticipation of your enlightening response, I remain.
“… Barrow is in charge.”
#President Barrow mustn’t wait for “chancers to stir inferno” by taking chances; where President Barrow (himself) & crew should’ve, could’ve, must’ve & expected to do better, as required; in favour of the greater community in majority; (instead of the political interests herein) as per their mandatory entrusted responsibilities according to the constitution…?
That, in itself, ain’t right anywhere; there’s always an “action that triggers reaction” (reaction towards an action); President Barrow & crew overruled this same magistrate court in procession, when golden lead were being tried by NEA, in name of “dialogue” that never were; but can rely on the same court to harass the peasantry, without any legal representation provided for them to defend their rights, when the same collective resources are being used for the golden pollutant company…?
Golden Lead continued their illegitimate operations under ‘corrupt government shields’; whilst the rest of the community’s lives, livelihoods & future, & incomes which together raises far more revenue for the Gambia together than golden lead on its own; even for the future of the innocent children being born, into posterity, that continued to be affected, without any justice in sight from the government’s side; neither compliance of pollution from the pollutant-golden lead company….?
Now, keluntang, are the Chancers not actually doing the very same like Barrow & co differently; if not lesser than Barrow & government, because the Gambia indeed deserve better factually….?
Honorable Bakary Njie, UDP MP’ Bundung constituency and co went on the fact finding missions in Gunjur and surrounding. THIS MAN IS THE KIND OF SUPERB, STRAIGHT & HARD-WORKING MPs THE GAMBIA NEEDS. No doubt his fellow Committee members will come up with truthful and mature answers to this problem.
The only way I can see the “Gunjur 4” getting off these charges, is to plea “not guilty” in the magistrate/Kangaroo/police court, and get the case to a crown court or the equivalent in the Gambia, that has a Jury, they will need legal aid/lawyer or a QC, to represent them, I’m 100% sure they would walk free, the public would sympathise with them on this occasion,
Not unless the jurors are all Chinese.
Sorry Grim Reaper, NO JURY! I agree a jury would find them not guilty out of “sympathy” by a magistrate sitting alone will go strictly by the book.
LAMIN, the “tribal” angle is brought into this by Madi Jobarteh – why I don’t know! Dampha calls it “hypocrisy”.
Well, if that’s the case, “Gunjur 4” needs to plea “guilty” fast, so that the magistrate court will be lenient on them for not wasting the courts time and money.
All magistrate courts across the world are kangaroo courts, skewed towards the side of the police. The
best thing the “Gunjur 4” can do is to be prepared for the worst, the narrative now is “Law and Order” and the courts have to make an example of them, or else, they the courts will be sending the wrong signal (lawlessness)!
Of course, I have avoided making any comment on this issue because I do not know all the facts of the case. Mr. Halake, Sir, you made some bold statements on the guilt of the accused without a trial. I thought your knowledge of the legal process should have cautioned you not to make sure bold statements. To you this is a slam dunk case. I beg to differ. For example, the State may lose the case on a technically. I read what you wrote about the charges against the accused. From what you wrote, the charge sheet is defective. Here is what I mean, as you well know, when a person is accused of committing a crime, on the charge sheet, call it indictment or information, it must spell out all the elements of each of the crimes charged. The charges you spelt out did not list all of the elements of each crime the accused are charged with. As you also know, every single element of a crime must be proven beyond a reasonable doubt. That means, as you already again know, if the accused can succeed in attacking only one element of any of the crimes charged, the charge will not stand. But before even attacking an element or two of the crimes charged, a technical argument could be made that the charge sheet is defective because it did not list all of the elements of the crimes charged. There is no jury system in The Gambia as I am sure you already know even though the Constitution of The Gambia has a provision concerning Jury. About your open letter and to the person you addressed it to, I thought you wrote the letter out of emotional fervor! You all have a blessed day.
Very good points Mr. Samba!
I think the court would allow the prosecution to make good any defects in the charge sheet.
Further, the accused have no representation, no defence lawyers. Would they be able to challenge the defects you outline?
I will also give you the last point: Yes, there is some “emotional” attachment to Lawyer Mandela Darboe. I would be lying to state otherwise, when Jammeh’s attempts to kill him kept me awake for the best part of 7 months in 20176.
The “slum dunk” belongs to you!
A blessed day to you too.