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Foroyaa Newspaper Burning Issue
Issue No.  32/2007, 19 - 20 March 2007

Editorial

JUDICIARY,  CUSTODIAN OF FAIR PLAY, HUMAN RIGHTS AND JUSTICE
LESSONS TO THE YOUNG  MAGISTRATES
A new breed of magistrates are emerging in the Gambia. This is  reflected on 
Monday March 2007 at the Kanifing Magistrates’ Court when  Magistrate Pa Harry 
Jammeh made a profound statement cautioning litigants going  to the media to 
give their personal opinion on cases that are before the  court.
He indicated “I will never tolerate such reckless statements from  anyone of 
you, this matter is before the court and nobody can say anything about  the 
case just like he or she likes.”
This impartiality and independence is  what is expected of a court.
Section 120 of the constitution states that “In  the exercise of their 
judicial functions, the courts, the judges and other  holders of judicial office 
shall be independent and shall be subject to this  constitution and other laws. 
Judicial officers shall not be subject to the  control or direction of any 
other person or authority.”
Section 124 adds that  “It shall be the object of every court to deliver its 
decision  expeditiously.”
Section 222 paragraph (8)(c)states that “A public officer who  exercises 
judicial functions shall 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.”
One can therefore understand Magistrate Jammeh’s position that  litigants 
should not make comments, which may be prejudicial to matters before  him.
The reason the constitution gave the court the power to administer and  
enforce the law is because of the realisation that without an impartial and  
independent authority to give fair hearing to the claims of litigants people  will 
take the law into their own hands.
The law of the jungle will then  prevail where might becomes right. This has 
been the source of conflict in  society.
Hence just courts that hold fair hearings and deliver justice  without fear 
or favour, affection or ill will are the custodians of just social  order. 
Those in charge of judicial proceedings should therefore acknowledge the  
importance. They are sitting in the place of God. They decide life and death,  liberty 
and captivity, prosperity and destitution. If their decisions are just  the 
person who gets adverse decision will accept it without anger.
If the  decision, are unjust one creates a monster full of contempt for the 
courts in  particular and society at large.
Let justice guide our actions towards the  common good, then we will build a 
society based on brotherhood and  sisterhood.

LETTER TO NADD EXECUTIVE BY EX-FLAG BEARER, HALIFA  SALLAH
Awareness And Organisation Are The Tools For The Attainment Of  Dignity, 
Liberty And Prosperity

Compatriots, in our meeting to  decide the fate of NADD after the National 
Assembly elections, I gave a summary  of my view on the elections and my opinion 
on the need to keep the office of  flag bearer vacant until two years before 
a presidential election, so that  popular consent through a primary will be a 
basis of determining candidature.  
The objective of my summary on the way forward was designed to enable us to  
come to a speedy decision in order to address the concerns of our activists. 
I,  however, promised to submit a comprehensive analysis at a subsequent  date.
Herein lies the reason for conveying of this memorandum to you which  shall 
be submitted to the press so that our activists in particular and the  people, 
as a whole, will have access to its contents in order to excite a  national 
debate on the political future of our dear motherland.
I must say  that, when I learnt of the results of the National Assembly 
elections, which  were preceded by an acquisition of 6% of the votes in the 
presidential  elections, my heart summoned me to call it a day. 
However, when my wish was  placed before the judgment seat of my mind, it 
intimated that the present  generation has the responsibility to hand over to the 
future generation a better  society than it inherited from its predecessors. 
It intimated further that where  few who have access to abundance have the 
strength to turn their back at  privileges to subordinate their hearts, minds and 
every aspect of their very  being to the mission of emancipating their 
people, to give up before the mission  is achieved, is neither a sign of prudence or 
a manifestation of virtue. My  conscience therefore rebelled against my heart 
and now dictates that I remain  not at the head, for it is not the divine 
right of anyone to be a leader for  life in a democratic society, but to become 
part and parcel of the process of  building a membership and collective 
leadership that would be able to respond to  the call of national duty in order to 
carve an enlightened, free and prosperous  destiny. 
The Executive and membership of NADD have one of two options. They  may put 
NADD on ice and proceed to build the structures of their original  parties or 
restructure NADD, build its financial, diplomatic, knowledge and  membership 
base in villages, regions and population centres so that through  periodic 
workshops and seminars and annual congresses its principles, policies,  programmes 
and practices or method of work will be shaped by and known to all  its 
activists. Such an enlightened and organised membership alone or in  collaboration 
with the membership of other opposition Alliances may utilize the  service of 
the Independent Electoral Commission to hold primaries to select a  
presidential candidate by popular consent two years before the 2011 presidential  
elections. If such an agenda is adopted, all those who have the zeal to be a  
presidential candidate to liberate the people, especially women aspirants, would  
prepare themselves for such primaries.
Suffice it to say, the annual  congresses up to 2010 will provide the general 
membership with the opportunity  to scrutinize the operation of the Alliance 
and the performance of all those who  handle leadership positions so as to 
assign fitting roles and responsibilities  to each.
Compatriots, political and historical science teaches us that no  society can 
change for the better without awareness and organisation. Change  agents must 
be the embodiment of awareness and organizational capacity. NADD  activists 
must therefore be aware and organised. The nurturing of such a  membership 
impose new demands on the member parties of NADD and their general  membership who 
are affiliated to NADD. It calls for a restructuring of a mammoth  scale.
Suffice it to say, the successful engineering of such restructuring is  
inconceivable without the full appreciation and acknowledgement of NADD’s  
obstacles, shortcomings and achievements. 
In my view, a balanced view is not  to dwell exclusively on the obstacles and 
shortcomings or the achievements. To  take a one sided view of the obstacles 
and shortcomings will lead to fatalism  and despair. A political void or chasm 
emerges which no one can fill. Society  therefore recedes into the old 
proverbial catch phrase, where the controllers of  power become the proverbial cat 
and the opponent becomes the proverbial mice who  blame each other continuously 
and turn to each other invariably and ask before  every election “who will 
bell the cat.” 
On the other hand, to dwell on the  achievements alone will lead to the 
overlooking of individual and collective  shortcomings and promote self 
righteousness and the building of “castles in the  air” In this situation, one looks for 
faults  We end up finding faults to  blame others instead of diagnosing 
illness in order to cure it. 
Compatriots,  the 21st Century is not waiting for the writers of history. 
They invariably must  follow events. Each century can only be shaped by the 
makers of history, that  is, those who are ready to utilize their collective 
intelligence  to guide  their creative hands to build a collective destiny of 
liberty, dignity and  prosperity.
This is therefore the time for sober thinking. It is time for  realism.
It is incontrovertible that NADD is a definite entity with its  nature and 
characteristics. It has principles, policies, programmes and  practices. It has 
aims and objectives. It has a leadership and activists. NADD  can neither be 
equated with any individual party comprising the alliance nor  with the sum 
total of the different parties. Obstacles, shortcomings and  achievements can 
only be identified if we gauge practices and results against  principles, 
policies, programmes, objectives and targeted goals. Personality  analysis and traits 
help us very little in grasping the facts. It may even lead  us astray to 
mistake the forest for the individual trees. It may lead us to  substitute 
fiction for facts. 
On the other hand, when practices and results  are weighed against identified 
goals, the factors which enhance achievements  will be identified and the 
commissions and omissions which create hinderances  will be laid bare. This is 
precisely the task of this  memorandum.
Compatriots, in my campaign in both the presidential and National  Assembly 
elections, I had stipulated in no uncertain terms that Nationhood is  
epitomized by the existence of a united people thriving in a state of liberty  and 
prosperity. Where unity is trammeled, liberty trampled and prosperity  stifled 
Nationhood must become the casualty.
I left no stone unturned in  emphasizing that he or she who is likely to be 
adamantly unwilling to entrust  D100 (one hundred dalasis) to a relative who is 
a crook but would entrust a  whole nation to another on the basis of tribal 
affirmity alone is yet to be  conscious of the value of Nationhood.
To be continued

PROVIDE  FERTILIZER AND EFFICIENT MARKETING FOR FARMERS - Sidia Jatta
By Abdoulie G.  Dibba
The National Assembly member for Wuli West, Honourable Sidia Jatta,  asserted 
that to empower the farming community, they must combat soil  infertility and 
the poor marketing of groundnuts. Sidia made these assertions at  the 
National Assembly while reacting to the President’s address delivered at the  
National Assembly.
In reacting to the address, Sidia told deputies that he  would review certain 
sectors, make suggestions and comments. He said the  President himself 
indicated that agriculture is crucial to the economic life of  the country which is 
agrarian.
He expressed the need and desire to improve  it. He noted that the crucial 
question is  how to improve this sector to  make it more apt in being the main 
foreign exchange earner of this country. He  said to do this we have to combat 
many things.
First, they have to combat  soil infertility. He said the soil in this 
country is so much infertile because  of over use and fertilizer is extremely 
expensive. Sidia told deputies that a  bag of fertilizer is D500 and added to this 
there is the increasing lack of  motivation in the production of groundnuts in 
particular.
The reasons for  this, he said, have been the issue of marketing groundnuts. 
He said he expected  the president to tell them the problem of marketing 
groundnuts this year. Sidia  argued that somebody in the National Assembly has said 
that there is no problem  in marketing groundnuts this year.
He stressed that there is a problem since  there has been no marketing of 
groundnuts as far as his constituency (Wuli West)  is concerned. He told deputies 
that no single groundnut had been sold in his  constituency. He added that if 
anybody was in doubt of that, he or she should  join him in his vehicle after 
the sitting to ask every village in his  constituency whether groundnuts are 
sold or not. He emphasized that this is due  to ceasure of the traditional 
practice of getting (“seccos”) buying stations in  different areas of the 
country to buy groundnuts.
He told deputies that this  year, farmers have to take their groundnuts to 
depots and they do not have to  take only a bag or two or even 10 but 5 tonnes. 
He wondered whether there is any  farmer who has produced 5 tonnes this year?
Sidia informed deputies that the  groundnut yield this year is low and that 
he disagreed with anybody who said  this year’s groundnut production has 
increased. He stressed that production is  low because of the infertility of the 
soil and that some farmers decided to  cultivate less because of the poor 
marketing of groundnuts experienced last  year. Sidia invited his colleagues, the 
member for Sandu, to go round his  constituency where he (Sidia) discovered 
farmers with nuts amounting to D30,  000, D40, 000, D10, 000 still not paid for. He 
stressed that he had records of  all these. “Huge sums of money are still 
owed to farmers. That is not any  motivation to anybody.” This year, he said, the 
farmers’ nuts are still lying  down.  Sidia thus concluded that in order to 
empower the farmers, efforts  must be made to combat and change all these, 
noting that they have to be  provided with fertilizer.
He reiterated the importance of fertilizer because  of the infertility of the 
soil due to over use and the restrictions imposed by  forestry regulations in 
clearing their other farm lands which they have left to  follow for many 
years. He said that the fertilizer should be provided at  affordable prices.
Sidia stressed that that is the only way they can empower  farmers to 
increase production of groundnuts. Sidia told deputies that if they  fail to do that, 
they will never empower the farmers to increase the production  of 
groundnuts. He said farmers will produce groundnuts next year because of the  
unaffordability of fertilizer and the poor marketing experienced each  year.

POLICE ACCUSED OF EXCESSIVE  FORCE
By Fabakary B.  Ceesay
One Momodou Salieu Jallow, an accused person who appeared before  Magistrate 
Pa Harry Jammeh of the Kanifing Magistrate Court on Thursday told the  court 
that he was beaten by the police and that his money was stolen from him.  
Mr. Salieu Jallow is standing trial for allegedly assaulting one  
Abdourahaman Jallow at Bamboo Serrekunda. He pleaded not guilty. He told the  court that 
he had spent eighteen days in police custody. He said that while he  was in 
police cells a police officer beat him seriously during which his money  and an 
amount of D350 was taken from him. He added that he sustained injures and  a 
broken tooth. Mr. Jallow added that his three (3) cans of beer with some of  
his documents were taken. Police prosecutor 1st class 1781 Kinteh, denied his  
claims, saying, “he was drunk at the time of his arrest.” The accused said, “
No  I was drinking, but I was not drunk.” The prosecutor told the court that 
the  accused has denied himself a police bail on several attempts by his 
relatives.  Mr. Jallow admitted that he refused police bail because since his arrest, 
he was  not charged and no statement was taken from him, “so I feel like I 
have no  case,” he said. The Magistrate granted him bail in the sum of One 
Thousand  Dalasi (D1000) and that he must provide a Gambian  surety.

VALEDICTORY CEREMONY FOR LATE JUSTICE GRANTE
The Gambia  Bar Association on Thursday organised a valedictory ceremony for 
the late  Justice Wallace Godfrey Grante.
Speaking at the ceremony, a senior member of  the Bar, Surahata Janneh said “
the tradition rightly persists of saying a  special good bye to members of the 
judiciary and that includes legal  practitioners who leave us for the other 
world. However, the tone of the event  is always variable to reflect the 
achievement and the character of the one who  has passed away. Honourable Grante was 
devoted to the law for most of his  working life. He went through virtually 
the whole gamut of the judicial regime.  He was at different times, State 
counsel, Registrar General, Solicitor General,  Master and Registrar of the Supreme 
Court, Judge of the High Court and of the  Court of Appeal. Also worth noting 
was his long stint as Master of the Courts in  the sister nation of Botswana. 
The late Chief Justice of that nation, Honourable  Mokama who was my 
colleague in the African Commission on Human and Peoples’  Rights assured me that 
Justice Grante was unbeatable, when it came to  correctness in manners and 
diligence at work. As a prosecutor, Honourable Grante  always eschewed persecution, 
and as a judge, he endeavoured to temper justice  with mercy.
The President of the Bar, Amie Bensouda, described the late  Justice Grante 
as a kind, honest, transparent and frank person with no varieties  or 
pretensions and thus reflected in the simplicity of his life as well as his  judgments. 
She went further to say that the late Grante was humble and sociable  with a 
keen sense of humour which made him comfortable around all manner of  people. 
She said this was demonstrated by his attitude to all, young and old,  noting 
that he placed no age barrier in his relationship with  people.  

IN IEC FORGERY TRIAL
EX-CHAIRMAN  CROSS-EXAMINED
By Bubacarr K. Sowe
Ndondi Njie, ex-chairman of the  Independent Electoral Commission (IEC) was 
on Wednesday cross-examined in the  alleged forgery trial of Kawsu Ceesay, 
Chief Electoral Officer of the  IEC.
Mr. Njie recognised a pro forma invoice from Code Incorporate and also  
agreed that Mr. Ceesay was instructed by commissioners at the IEC to look for  pro 
forma invoices. Mr. Njie told the court that he knew that the IEC has been  
doing business with Code Incorporate.
Njie also said that he had meetings  with the president during his tenure, 
but denied that the president promised to  give funds to the   IEC. He also said 
that he used to make both verbal  and written instructions to IEC staff..
The ex-chairman also said that he did  not sign a Memo shown to him in court. 
Asked whether he is consistent with his  signature, Njie said he is, noting 
that his bank manager does not doubt his  signature. He also said that he has 
both a voter’s card and an identity card  with his signature on them. Njie also 
said that he used to sign documents at the  IEC. On two documents shown to 
him, he said that his signatures on them look  slightly different, but denied 
signing the document instructing the accounts  department of the IEC to effect 
payment to Code Incorporate in excess of 6  million dalasi, which he argued IEC 
did not have at the time. He said that he  know Mr. Ceesay is in court on a 
forgery charge. He added that he does not know  what Ceesay will gain in 
forging his signature. He also said that he blamed  Ceesay as he would have done to 
every one else on matters of principle and  decorum. 
Mr. Ceesay is standing trial for allegedly forging the signature of  the 
former IEC Chairman Ndondi Njie purporting the approval of purchase of  electoral 
materials from Code Incorporate, a Canadian firm. Mr. Njie was  cross-examined 
by defence counsel Musa Batchilly, while A.S Umar represented the  state. The 
trial is expected to continue on March 27th before Magistrate  Babucarr Secka 
of the Kanifing Magistrate Court. 

LOCUST  MONTHLY REPORT
By Isatou Bittaye
The Locust Monitoring and Evaluation  officer of the Africa Emergency Locust 
Project, Mr. Sheikh Tijan Sosseh, has  indicated that the general locust 
situation remains serious along the Red Sea  coastal plains near Sudan/ Eritrea 
border and the Northwest coast of Somalia.  According to Mr. Sosseh, hopper bands 
were reported in both areas and swarm  formation had begun, noting that more 
rains could deteriorate the situation that  threatens the central region 
(Sudan). Mr. Sosseh made this remark in his monthly  locust report of March and 
April. He said that the situation remains calm in the  Western Region but limited 
breeding occurred in Mauritania and Algeria where low  numbers of solitarious 
locusts were present. Mr. Sosseh further said that  isolated adults were also 
present in parts of the spring breeding areas along  the southern part of the 
Atlas Mountains in Morocco and Algeria, noting that no  locusts were reported 
in the Gambia and Senegal. He indicated that in the  central region around 
the coastal areas of Sudan, several swarms were seen and  egg laying occurred, 
and the eggs started to hatch by the end of February  resulting in the 
formation of hopper bands. Mr. Sosseh noted that Aerial and  ground operations treated 
2700 hectares in Sudan and that local breeding also  occurred in Saudi Arabia 
and Yemen, where barrier treatment was conducted on  nearly 2000 hectares in 
Saudi Arabia.
He said that the situation remains  worrisome in Sudan and Eritrea because 
the ecological conditions remain  favourable throughout the reporting period.
Mr. Sosseh indicated that during  the forecasting period, small scale 
breeding is likely to take place in both  countries causing locust invasion to 
increase slightly. He added that isolated  adults may be present in parts of 
Northern Mali and Niger, but no significant  development is expected. He said that 
low numbers of adults will persist in  Mauritania, Adrar and in Parts of 
Tris-Zemmour and limited hatching will occur  in the East of Akjaijt by mid March and 
the resulting hoppers are expected to  fledge from mid April onwards. Mr. 
Sosseh indicated that during the period of  warm southerly winds, some adults 
could move further North to Tris-Zenmour and  breed if rainfall occurs. He said 
that the weather and ecological condition that  prevailed in the Red Sea Coast 
near the Eritrea/Sudan border, Saudi Arabia and  Somalia is good, noting that 
ecological conditions were improving in parts of  North West Africa where 
light rain fall occurs at times. Mr. Sosseh indicated  that in the Gambia, the 
locust teams are on continuous alert and surveys are on  going for any possible 
intervention when and where necessary.
In a separate  development, Mr. Sosseh indicated that earlier this month, 
residents of  Churchill’s Town contacted their office and reported that locusts 
were seen  around the area. He said that the project coordinator sent a team 
immediately to  confirm the report but upon reaching the area they found out 
that there are no  locusts, but Dragon flies which they mistook for locust. He 
added that despite  the confirmation, an assessment survey was further conducted 
but no locusts were  seen but a medium population of Dragon flies were noted 
which have no  significance of economic damage to crops.

14 WOMEN CONVICTED ON  ROGUE AND VAGABOND CHARGE
By Yaya Bajo
Fourteen women were on Tuesday,  sentenced to a fine of D1, 500 each or in 
default to serve one month in prison.  The fourteen women were convicted on 
charges of rogue and vagabond by the  Bundung Magistrate Court.
According to the charge sheet, the accused were on  the 7th day of March, 
2007 around the TDA in the Kanifing Municipality and  between the hours of 12 
midnight and 1.30 am, found wandering, which led to the  conclusion that they 
were there for illegal or disorderly purposes. The accused  persons pleaded 
guilty.
Narrating the facts before a crowded courtroom,  prosecutor 772 Samba said 
that on the day in question, the police received a  tip-off from the public that 
there were some ladies loitering around the TDA at  odd hours. “The police 
then set for a special patrol from 12 midnight to 2.00am  based on the 
information given to them by their informant. Upon their arrival at  TDA, the accused 
persons were interrogated and none of them were able to give  good reason (s) 
on why they were at the place,” he explained. 772 Samateh added  that the 
accused persons were arrested and taken to Kotu police station where  they were 
further questioned and none of them mentioned that they owned a  business or are 
being employed at the area. He added that cautionary and  voluntary statements 
were obtained from them and thereafter a criminal case file  established 
against them.
Delivering her judgment, Magistrate Amina Saho of  the Bundung Magistrate 
Court said that the accused persons have liberty to go  out, but it must be 
within the limits of the law. She therefore sentenced each  to a fine of D1,500 or 
in default to serve one month in prison and are also  expected to keep the 
peace for six months or in default to serve another one  month in prison.   

GOVERNMENTS TO BE HELD  ACCOUNTABLE ON UNETHICAL DRUGS PROMOTION
By Amie Sanneh
“Consumers  International is working with consumer organisations around the 
world to hold  governments and pharmaceutical companies accountable for the 
promotion of  unethical drugs and advertising that values corporate profit than 
consumer  health,” says Dr. Katim S. Touray, member of the Consumer Protection 
Association  of the Gambia (CPAG) on the commemoration of World Consumer 
Rights Day (WCRD) on  the 15th May, 2007. The theme for this commemoration is “
Unethical Drug  Promotion” which was done in a form of a workshop held at the Sun 
Beach Hotel in  Cape Point.
Dr. Touray noted that many consumers are not aware of the fact  that drug 
sellers consider corporate profit motives than sound health care  delivery of 
drug consumers.
He added that drug companies promote and  advertise in many ways which are 
open, perfectly legal and ethical. “However,  there are increasingly drug 
promotions that are subtle and inconspicuous. Such  promotion at times he said, do 
not seem to even promote any product at all,” he  said.
“Furthermore, drug promotions target various groups ranging from  medical 
doctors to social actors, such as, politicians and legislators, as well  as 
consumers themselves,” he noted.
Dr. Touray said despite the variety of  many of these unethical drug 
promotions, it all can create an impression of  legitimacy and independence. He added 
that it also frequently misinforms  consumers about the drugs they buy. “This 
is clearly unethical,” he  remarked.
Dr. Touray added that “drug companies promote false or misleading  claims 
about drugs, deliberately suppress risks and adverse side effects of  their drugs 
and provide financial incentives to doctors who prescribe their  patients.”
He said although there are various international, regional and  national 
codes, many of them lack effective enforcement regimes or are not  enforced citing 
the example of the WHO.
Dr. Touray finally urged for efforts  to provide an improved legislative and 
policy framework governing the use of  drugs in the Gambia.
Other speakers at the opening ceremony included Baba  Mustafa Marong, the 
coordinator of GICAP project and Dr. Omar Touray. The  workshop was chaired by 
Mrs. Fatou Kinteh who also gave the closing  remarks.

AZIZ TAMBA AND CO. TRIAL
POLICE OFFICERS TESTIFY
By  Fabakary B. Ceesay & Amie Sanneh
Sergeant Momodou Lamin Manneh and  Corporal Bakary Bojang, both attached to 
the serious crime unit at police  headquarters in Banjul have testified in the 
ongoing criminal case involving  three former employees of Kanilai Family 
Farm. In his testimony, Sergeant Manneh  told the court that he was asked by 
Inspector Jammeh to obtain a cautionary  statement from Aziz Tamba on 29th January. 
He said that he read the cautionary  words to Mr. Tamba in English and 
translated it to Wolof before he signed it.  Sergeant Manneh said that Aziz narrated 
his statement to him in Wolof and he  (Sgt) recorded it in English. He noted 
that he translated the statement to Aziz  in Wolof and he (Aziz) was asked to 
add or correct any part of the statement  which he is not satisfied with. He 
said Aziz later signed on the statement.  Sergeant Manneh said he told Aziz 
that he is involved in a nineteen 19 million  dalasi scandal and that is why a 
statement is being obtained from him. He said  Aziz denied embezzling the said 
amount. 
For his part, Corporal 1542 Bakary  Bojang informed the court that on the 
29th January 2007, he was assigned to  caution Mustapha Bojang. Corporal Bojang 
said he read out the cautionary words  to Mr. Bojang in English and translated 
it to Mandinka before he (Bojang) signed  the statement. Mr. Bojang indicated 
that Mustapha Bojang told him that he used  to go to the provinces and collect 
monies, and that he normally told the cashier  not to give money to Aziz, 
unless it is confirmed by the president. Corporal  Bojang said he was told by Mr. 
Bojang that the cashier told him that Aziz was  given D150,000. He added that 
Mustapha said he had informed the president about  what Aziz was doing and 
that the president told him not to give any money to  Aziz. Officer Bojang noted 
that Mustapha also told him that he (Mustapha) had  informed Aziz about what 
the president told him, and that Aziz told him that he  should not have 
informed the president about the issue.. Corporal Bojang  said  Mustapha Bojang 
added that he  told Aziz that he (Mustapha)  wanted  to inform  the president 
about what he (Aziz) is  doing  and that is what he (Mustapha) is suppose to do. 
Aziz Tamba, Famara Colley and  Mustapha Bojang are standing trial for allegedly 
stealing D19,589, 779.34, being  employees of Kanilai Family Farm between 
2005 and 2006. They all denied the  charges. The trial Magistrate is Pa Harry 
Jammeh of the Kanifing Magistrate  Court. The prosecutors are OC Ebrima Dibba and 
Jammeh. Hearing  continues. 

TRIAL OF SENEGALESE CUSTOMS OFFICERS
By  Fabakary B. Ceesay
Antouman Gaye, counsel for the five Senegalese  customs  officers who are  
standing trial at the Kanifing Magistrate  Court, on Thursday has presented a 
document in court said to be containing a  relevant treaty entered into by  the 
Gambia and Senegal.
Mr. Gaye  mentioned three provisions of the treaty which guarantees mutual 
understanding  between the two countries. The three provisions are the judicial 
convention,  maritime boundaries and limitations agreement. Mr. Gaye appealed 
to the court to  give him time to talk to his clients within the court 
premises. But the state  counsel A.S Umar objected, and said   the application should 
be  rejected based on security reasons. Counsel Gaye said the law accords 
certain  rights to accused persons to talk to their lawyers. Magistrate Jammeh 
ruled that  the law does not accord right to accused persons to talk to their 
lawyers in the  court premises. He added, “with regards to your application, I 
will ask the  police to be near you so that they will hear what you will 
discuss with them.”  Gaye said “this is not a security matter, these people are 
under your  jurisdiction, they are not under the jurisdiction of any police 
officer unless  they leave the court premises. I have been practicing law for 30 
years but I  have never seen any law that prevents lawyers from talking to their 
clients.”  Magistrate Jammeh ruled that he has high regards for Mr. Gaye, but 
the only  convenient place for him to talk to his clients is the prison. 
Earlier on,  Counsel Gaye told the court that one of the five accused persons 
needs to  undergo a medical checkup. He reminded the Magistrate that the prison  
authorities are defying his orders to take the man for treatment. The 
Magistrate  again ruled that the sick person should be taken to hospital for a medical  
checkup. The five Senegalese customs officers are standing trial for 
allegedly  bringing fire arms into the Gambia’s territorial waters without lawful  
authority.  




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