QUESTION OF THE DAY
The Police investigation team on the alleged abduction of KEXX has given preliminary remarks to sum up the evidence they have so far on the case. According to a hastily prepared statement captioned “Kemeseng Sanneh under arrest for giving false information “an unsigned report made many claims that literally indicted a person who should be presumed innocent until proven guilty. The Constitution is clear. Love him or hate him, the Youngman has been an asset to the nation. Hence in his time of greatest need, he should benefit from the respect, dignity and fair hearing that the Constitution provides to all sovereign citizens. Section 19 Subsection (2) “Any person who is arrested or detained shall be informed(3) Any person who is arrested or detained – (a) for the purpose of bringing him or her before a court in execution of the order of a court; or (b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the law of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours. (4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence except upon the order of a court. (5) If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.” This is the law. Kexx should get due process . Needless to say, even if he is charged section 24 of the Constitution adds: “Every person who is charged with a criminal offence – (a) shall be presumed innocent until he or she is proved, or has pleaded, guilty; (b) shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged; (c) shall be given adequate time and facilities for the preparation of his or her defence; (d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;” The way the report is written would prejudice the mind of the Public and does not provide Kemeseng the opportunity to be heard since he is in custody.
