The presumption of innocence is essential — but it should never mean presuming the guilt of the accused.
The Gambian justice system, we grant a presumption of innocence in our legal system, but an accuser with a case can pursue it. Whatever the facts may be of the allegations against Mai Fatty.
When allegations like these surface against a high-profile man, it’s hard to avoid hearing the phrase “he’s innocent until proven guilty!” from many commentators. But is this really an objective reading of the law?
Considering this, when we declare “innocent until proven guilty!” we are naively trusting in the ability of the law to deliver a just outcome. The presumption of innocence is one of the basic tenets of our legal system, but its use within public discourse is misunderstood.
In championing the presumption of innocence for the defendant, there’s a tendency to descend upon the accused, and try to destroy their character and credibility. Instead, our immediate reaction when accused do come forward should not be to question his reliability, but to listen – which, as a society, we have a hard time doing.
Presuming the innocence of the accused does not mean demonizing the accused. Presuming the innocence of the accused does not mean refusing to listen to him.
Even a failure to convict does not “prove” innocence or discredit the initial accusation. So, it’s about time the presumption of innocence is being respected as a front but not blaming the accused or the defendant.
Yes of course.
But the public are entitled to know The President’s reasons for Mai being redeployed. For it again holds into question the existence of the coalition MOU. ,,,and what terms and condition were allocated to the assignees. { coalition members} Did Mr Darboe question the existence and authority of The Alleged MOU ? Hon Sallah and OJ seem to think there was and that the coalition’s MOU…was and is a legal document.
So,,, can Mai be removed from his allocated position, while the transitional government is in force ? and if so under which conditions ?
All this should be in the MOU……simple.
I TG think Adams is returning Gambia into dictatorship. Mai has done so much for this coalition, whatever the reason behind his firing should be explain to the populace. They can’t be mute about this, this is a high profile case and people deserve to know the reason behind his firing. Am disappointed in Barrow, he should stop listening to tripod Pa Ndery whose only intentions are to see the downfall of the Gambia. Adams Barrow is not fit to be the president of the Gambia. I was a staunch supporter of the Barrow government bit am now disappointed in the way he is directing the country.
The President does not owe anybody anywhere any explanation as to the redeployment/firing of Mai Fatty or any other minister for that matter.He is the man people voted for,he is the president of The Republic and he will be one day judged for his actions.If he feels that a certain minister’s services are no longer needed by him,he has the powers under the constitution to relieve him.Being a reasonable person that the President is i know for sure that he must have done his homework well before taking the decision,so Gambia and Gambians friends of the Gambia let’s move on and close this chapter of Mai’s firing.Mai is fired but the G.M.C is here so if you have so much sympathy for his firing or you feel it is wrong for him to be fired,please try to sell the Party’s ideologies now as the party leader is doing already as he is saying that Gambia’s future is with G.M.C.
Nyancho.
An explanation is not a must. But reflecting on where we came from, a reason behind the firing of a key minister and on that head of coalition partner, is only sensible. Also the argument that the constitution gave the president the power to dismiss anyone is merely an escape route to avoid to account for one’s action. President is not a military dictator. His power and influence rest on consensus among main political players. Using the constitutional tool at face value to erode himself the political consensus would be a tragic legacy. Exactly following the footsteps of Jammeh. We should not encourage that. Imagine president would use the same constitutional powers to part ways with Lawyer Darboe, for a reason or no reason! Essential that scenario would derail any meaningful legislative improvement. Some might say that that will never happen but the possibility is nevertheless there. I am a supporter of the change that brought this gov’t in to being irrespective who is in or out. But what is essential is reliability and predictability. Credibility is a commodity we can’t lose so prematurely.
Kinteh (kemo), the fact that this man has been manipulative about anything and everything he have been doing since he was appointed to that position is more than enough to justify his sacking. Why does a productive President have to be wasting his valuable time justifying the obvious? Please Master AB, carry on with your work, you have nothing to justify on this issue.
In fact, how can anyone skip God, skip Gambians and skip friends of The Gambia and claim that The Gambia future is in the hands of a one-man party? Joke!!!
Gambian.
Please spare me. We had many of your kind in Jammeh circle. Probably you were one of them and evidently we can’t put sense into you.
Nobody is siding with Mr. Fatty. What we are advocating is the urgency to avoid a future political crisis. And such actions void of any reasonable explanation only triggers credibility crisis. And credibility deficit has consequences.
Such a scenario is not in the interest of this gov’t and not in the interest of the country.
Finally, our politics should be above personal feelings. Only the public performance of a person counts. If he or she fails in his or her duties, the consequences must be made and reasons given for public scrutiny. That is responsible leadership.
Kinteh (kemo), what a cowardly way to shy and hide away from yourself. Whenever you disagree with someone, you just label them as members of Jammeh’s inner circle. That alone reminds me of Jammeh. Thrust me, that will never stigmatize me because unlike you i don’t base my arguments on sentiments or blind loyalty. If the performance of a person is the only think that counts and this one man is not performing, then why should he be counted?
I think only you can spare yourself, not me, not anyone else.
Gambian,
Kinteh(kemo)and his company of Barrow loyalists are with the believe that opposition has died down and shouldn’t exist with the ouster of President Jammeh.That’s the sad side of their political thinking.
Personally,I don’t like this corrupt and inept administration. I HATE it. I don’t like this uneducated inefficient president. I will never wish well for this incapable administration. I want them to fail! That’s my political view. If it offends anyone, well take your view. That doesn’t mean with their failure the Gambia will fail! NAY.
Our time is just being wasted with this inefficient people.
On the conterary, I like President Barrow to the core and all that he stood for, hardwork, dedication, simple life, you name it. What I hate is blind party-politicking and hypocracy, the kind Jammeh was running.
…….and the Kintey (kemo) is peddling.