“To be tried in his presence, and to defend himself in person or
through legal assistance of his own choosing; to be informed, if
he does not have legal assistance, of this right; and to have
legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him in
any such case if he does not have sufficient means to pay for it”.
The Constitution of the Respondent also guarantees the right to be
defended by Counsel. Section 24 (3) of the Gambian Constitution provides
that:
“Every person who is charged with a criminal offence(a) 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 Applicants maintained that the Counsel representing them were
compelled to withdraw their representation because the Court refused
every application made on their behalf. That the presence of armed
security personnel in and around the Court room during proceedings
prevented their Counsel from consulting with them privately. That after
Counsel withdrew their representation, the Court ordered that the Applicant
defend themselves without giving them opportunity to engage another
Counsel of their choice. Conversely, the Respondent argued that the
Applicants were accorded the full guarantees of a fair trial and represented
by Counsel of their choice until when counsel opted out and they elected to
represent themselves. That the whole process was in conformity with the
provisions of Article 7 of the Charter.
The Court having analyzed the annexures to the Applicants’ initiating
application, it is clear that the trial Court categorically asked the Applicants
in clear terms if they were ready to enter their defense or if they wish to
wait for their Counsel but they failed to answer. (See para 29 Exhibit B 10,
Judgment of the High Court of the Gambia Suit No.
HC/179/16/CR/060/AO). Prior to this, the Applicants were called upon to
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