Fon Doh's Lawyers Defend Bail Decision

By Peterkins Manyong

Lawyers for Fon Doh Gwanyin have defended the decision of the Northwest Court of Appeal, granting their client bail. Until he was granted bail last week, the traditional ruler and politician was serving a 15 year jail term for his part in the murder of John Kohtem, Social Democratic Front, SDF, Balikumbat Chairman some time in 2004.

In a press briefing held on Tuesday, Anthony Amazee and Gabriel Chumbow, said they were correcting certain issues raised by Lawyer Francis Sama in his press conference held earlier.

Lawyer Amazee who said they were speaking on behalf of three other colleagues, noted that lawyers normally avoid talking to the press after doing their cases in court. He said they (Fon Doh's lawyers) would have been silent had Lawyer Sama not made some declarations that needed clarification.

The declaration found on page 3 reads, " that in line with a predetermined option to release Fon Doh by all means, notwithstanding the preceding cases, the presiding Judge this morning, recalled the ruling earlier adjourned to 21 / 08 / 06 and released the said convict on bail, behind my back and that of my clients that these facts are meant for

the public and posterity to know and understand what has been transpiring in court so far, as to apportion blame to the proper quarters and not innocent law abiding citizens." If there was any complicity in delivering the said ruling, Amazee argued, "it surely included we the advocates of Fon Doh Gah III"

After declaring themselves innocent in the affair, Amazee said he regretted Lawyer Sama's statement that the Fon Doh bail had been done in chambers, knowing very well that many of motions, particularly at the Appeal Court are done in Chambers, himself (Sama) having done many.

" It must be noted that all along, Senior Barrister Sama's clients either in BCA / CM / 2006 or BCA43CM 2006 had not been made parties to the motion. Thus, they could not and rightfully too had not entered any appearance for any of the parties as at 03 / 08 / 2006" lawyer Amazee said.

After hearing his motion BCA / 13 CM / 2006, (the one filed on behalf of Bernard Nwana and Co) on August 3, 2006, Barrister Amazee said Lawyer Sama left the Chambers of the Chief Justice and the parties in BCA / 2CM / 2006 (Doh Gah Gwanyin versus the people) remained to continue their matter which was regularly on the cause list for that day, which list Lawyer Sama had a copy.

"There was no order from a superior court restraining that court from hearing the matter pending the determination of BCA/13CM/2006 the parties were reading and the matter pending the determination of BCA / 13CM/2006.

He continued that the parties were ready and the matter was heard according to the court procedure and the ruling fixed for August 17, 2006. If you are not a party to an action, you cannot expect that hearing will have to wait for you," Amazee argued. 

Malaise Of Presiding Judge

Amazee did not dispute Lawyer Sama's facts about the malaise suffered by the Judge in his press statement Rather he said he disagreed with him on which matters were adjourned to August 21, 2006. He said Barrister Sama was appearing on that day for BCA / 13CM / 06 and BCA / 14CM / 06 the motions of Nwana and Co and that of Buma and his group and not for BCA / 2CM / 06, the bail application for Fon Doh, which was for ruling on that day.

Amazee recalled Sama's statement that the Judge attempted to write, but could not and finally asked the Registrar in attendance to adjourn the ruling and motion to Monday, August 21, 2006.

"As shown above, Senior Barrister Sama Francis had a ruling and a motion on 17 / 08 / 06 which were adjourned to 21 / 08 / 06. If he had the rulings to take on that which were adjourned to 21 / 08 / 06 he would have said Amazee recalled that when Lawyer Sama left the parties who were involved in BCA / 2CM / 06 (the Fon Doh Bail case) went ahead to take a date for their ruling and took August 18.On that date bail was duly granted to the applicant. He (Sama) was not a party to that motion.

"We want to emphasize that contrary to Barrister Sama's statement at paragraph one on page two that BCA / 2CM / 06 was adjourned to 17 / 08 / 06 after it had been heard, Barrister Sama left after finishing with BCA / 2CM / 06.

"We did nothing behind the back of our learned friend senior Barrister Sama Francis. The Honourable President of the Court of Appeal did everything to have the matters done according to the law and the procedure in place. After hearing BCA / 2CM / 06, he would still be within the law if he decided to deliver the ruling at the time "he said, quoting Rules 9 and 10 of the Supreme Court to justify the Appeal Court President's decision."

He described lawyer Sama's accusation that there was a predetermined plan to release Fon Doh as unfortunate, because as he put it, it was intended to bring about a clash between the public and judicial authorities, whereas the  judiciary was acting within its legal limits. Amazee justified the bail decision on grounds that Fon Doh was ill, that there was no evidence that he could jump bail and that he had enough sureties.

Besides, Lawyer Sama himself had admitted that Fon Doh had a right to file an appeal and ask for bail and could be granted same if the circumstances warranted it.  Rather than feel bitter over the bail will, it would be proper to see that we justify the conviction and sentence of the lower court based on available evidence on the records of the proceedings, he said, adding that the recent telephone calls threatening the Chief Justice of the Northwest is of great concern.

Comments

[Fon]

Nobody can convince me that the decision to free Fon Doh was done without consulting Yaounde.

I think the solution to all this nonsense in Cameroon will be terrorism. When we start eliminating some of these persons who are a stumbling block to a society free of injustice, others will toe the line. It is the right time to start with this dog in the name of a judge who has set the murderer free.

[Fritzane Kiki HK]

Good news against scammers and misrepresentators in this forum.I guess it will help curb that tendency of writers to pliagarise and blackmail members.I guess things can go this way for the better.

Fritzane Kiki
Hong Kong

[Fritzane Kiki HK]

Fon,
I don't believe in the idea of terrorism to come to Cameroon because of corruption.Than terrorism I go for the other option.However what matters is sensitisation of the future leaders about the impact of this injustice and how it ties with corruption.At one point we cannot seperate corruption from prostitution.The latter can currupt an individual but the former destroys the nation.

The release of Fon Ndoh is an example of how Cameroonian judiciary is corrupt and the laws of the land is underminded and what justice do they want the poor to carry out.They will lock up a poor who steal a goat or a chicken for many years and the civil servants who embezzle billions are appointed to posts of irresponsibilty.Cameroon can only be revampt and cleansed of embezzlers and corrupters,when they start from the top and not from the bottom.Until the LRC officials note that the poor should be given equal treatment as the rich then can there be equal justice.

Fritzane Kiki
Hong Kong

[kisah]

na Alkaeda go solve issues for that country, systematic elimination of these idiots will bring along much needed changes.When Africa go change?

[Chim]

My brother, is it realy true that this killer is out on bail and moving freely and showing off with women? (Le Cameroun c'est le Cameroun) indeed.
GOD SAVE US
Emmanuel Chim