Judicial independence is sacrosanct in any nation’s democratic process. But in The Gambia, the issue of judicial independence needs to be revisited. Could you imagine a judicial official, who has been accused of” hit and run” accident being tried by his former boss magistrate? He is also a close acquaintance of the magistrate. What happened to conflict of interest? Why can’t the magistrate in question recuse himself from that case?
Here is what happened: The Banjul magistrate Assistant court Registrar Saja Juwara, who was recently charged by the police for causing an accident in the Jarras, Tuesday appeared at the Mansakonko magistrate court. Juwara’s case is being presided over by magistrate Demba Senghore. Saja Juwara had worked as a court clerk under magistrate Senghore at the Basse magistrate court. He is not only a former subordinate of magistrate Senghore, but the duos are former close workmates.
Many here are not convinced that Saja Juwara would be tried fairly, given his cordial relationship with the magistrate.
Senghore should have declined to hear that case on ethical grounds, but he accepted to preside Saja’s case.
Judicial Secretary Fatou Jallow-Sey could not be reached for comment. She should consider reassigning Saja’s case to another magistrate, who has no past close affiliation with the accused person.
Failure of which, we fear that justice might not be properly dispensed.
“Saja Juwara’s case was called yesterday at Mansakonko and he is standing trial before his best friend Magistrate Demba Senghore who was once a Magistrate at Basse Magistrate Court when Saja was a clerk under him and this is the same Senghore who was slapped by a Police officer in Basse until the police officer was demoted and transferred back to Banjul Police headquarters, so likely Senghore will not try him fairly, as people are suspecting because of their cordial relationship,” a source wrote.
To the Chief Justice Assan Jallow, we deem it imperative to bring this potential conflict of interest trial taking place at the Mansakonko magistrate court to your attention. If magistrate Demba Senghore is allowed to try his former court clerk, then what is relevance of the much talked about judicial independence and ethics?
Below is the previous story we ran on Saja’s case.
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Saja Juwara, an Assistant Registrar at the Banjul magistrate court has been arrested for hit and run after leaving his accident victim in an unconscious state, Freedom Newspaper can reveal. The court official was traveling from the Kombos this past Sunday to Basse, when he knocked down a child in Wellingaraba village, in the Lower River Region (LRR). Saja Juwara, the son of Bata Juwara, a former Chief of Protocol in Jammeh’s rule, proceeded with his journey. He never stopped to check on the child he knocked down with his vehicle.
The aggrieved villagers then phoned the Bureng police station to inform them about the hit and run driver on the loose. When Juwara arrived in Bureng, he refused to stop, he evaded the police checkpoint, and headed towards Pakaliba, a nearby village. He was finally stopped by the military, who had mounted a checkpoint on the road.
When stopped by the military, Saja Juwara was alleged to have lied to the soldiers by falsely claiming to be a judge. He was rescued by his Police Commissioner friend Kaimeta Sambou, who prevailed on the soldiers to let him go. He was released.
Saja Juwara’s case later got to the attention of IGP Mamout Jobe. The IGP was reported to have ordered for Juwara’s arrest, and subsequent charging.
Juwara has been released on bail. He is likely going to stand trial in Mansakonko.
Assistant Registrar Saja Juwara sometimes work at the Basse High court. He is a close buddy of Justice Landing Sanneh.
The police spokesman Superintendent Lamin Njie was contacted for comment, but his cellular phone was off. He could not be reached for comment.
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