Sunday, August 25, 2019

Are Opinions To Be Considered As A Fact In A Court Of Law Or Tribunal?


Courts, tribunals and commissions rely on law and facts to come to judgment in the case of courts and recommendations in the case of commissions of inquiry. Witnesses could be those who set eyes on happenings or are proper sources of evidence, whether written or otherwise. They could also be professionals with the requisite knowledge to guide the minds of the adjudicators. All adjudicating authorities must abide by the code of conduct established by the Constitution

A public officer who exercises judicial functions shall-

(a)   maintain order  and  decorum  in  judicial   proceedings   before him or her;

(b)     be patient,  dignified  and courteous  to all  litigants, witnesses, legal practitioners and others in the exercise of such functions, and shall require similar conduct from his or her staff and others subject to his or her control;

(c)    abstain from comment about the outcome of any pending or anticipated  legal proceedings  in any court in The Gambia  and require similar abstention  from his or her staff and others sub­ject to his or her control.”

Hence opinions are only relevant if they are to elucidate facts that are relevant to an issue before a court, tribunal or commission.

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