Foroyaa Newspaper Burning Issue
Issue No. 89/2006, 16-17 October, 2006
Editorial
THE NEED TO ACTIVATE A CONSUMER PROTECTION AGENCY
A concerned consumer brought two packets of disposable razors with the same
brand name. Both contain the slogan “The Leading Eage” and additional details
such as “Twin blade for a close smooth clean shave.”
One packet provides blades for smooth shave. The other provides dull blades.
He therefore asked what is responsible for the differences.
Foroyaa will take the two packets to some Gambian authorities to find out
what is responsible for this. What we can say as a start is that developing
countries are becoming a dumping ground for pirate companies, which manufacture
bags with known brand names just to put crude, expired or used products in
them for sale in our shops. In order to detect the work of these pirate
companies, countries need to have consumer protection civil societies and state
agencies to take them to task. With such agencies reports of consumers can be
investigated, the names of importers known and appropriate steps taken to
protect the consumers.
It is very urgent for the country to focus on how to safeguard consumers
from “brand piracy”.
Consumers should help by taking note of the quality of products sold under
the same brand name and report observations to newspapers for investigation.
The more the exposures the quicker the importers will concentrate on importing
goods from legitimate companies selling their products under legitimate
brands.
BUNJA DARBOE AND CO AT COURT MARTIAL
By Fabakary B. Ceesay and Bubacarr K. Sowe
The court martial involving Captain Bunja Darboe and others for their
alleged involvement in the 21st March foiled coup has commenced hearing at the
Yundum Army Barracks with various charges preferred against them. So far ten (10)
Army Officers were involved in the trial with various charges.
Captain Bunja Darboe, Captain Yaya Darboe, Captain Wassa Camara and Second
Lieutenant (2nd Lt) Faring Sanyang, are charged with four (4) counts. The
charges are, counselling or procuring of persons, conspiracy to cause mutiny,
conspiracy to commit treason and mutiny. On the other hand, Captain Abdoukarim
Jah, Captain Pierre J. Mendy, Lieutenant Momodou Alieu Bah, Corporal Samba
Bah, Lance Corporal Babou Janha and Private Alagie Nying are charged with
failure to report mutiny, concealment of treason by failing to make other
reasonable means to prevent mutiny. All ten (10) men pleaded not guilty to the
charges. Testifying before the court martial first class Detective 1580 Abdoulie
Sowe said: “On the 21st of March 2006, a Panel comprising the Police, NIA and
GAF, of which I was part of was set up to investigate the involvement of the
accused in the alleged failed coup. Captain Wassa Camara, Captain Yaya Darboe
and Private Alagie Nying were brought to the Panel on different dates and he
was asked to obtain a statement from each of them.” He noted that, the accused
persons voluntarily gave their statements about their knowledge, involvement
and role in the abortive coup; in the presence of an independent witness,
without being subjected to any force or torture.
Going further Detective 1580 Sowe, indicated that while he was on the Panel
on different dates, Captain Bunja Darboe, Lieutenant Momodou Alieu Bah, 2nd
Lieutenant Faring Sanyang, Captain Pierre J. Mendy and Lance Corporal Babou
Janha, were brought before the Panel to explain they knew about the filed coup.
He told the court that Detective 1208 Boto Keita and 1838 Lamin cham were
asked to obtain statements from them. Detective 1580 Sowe, pointed out that all
accused persons voluntarily wrote their statements without force or duress.
He added that Lance Corporal Babou Janha preferred to make his statement in
his own language, Wollof, which was written by 1838 Cham and later interpreted
to him (Babou Janha) and endorsed by him. The witness further told the court
that all the statements were made in the court in the presence of an
independent witness who also signed it. It was endorsed by the Detective in his
presence. When the Prosecution attempted to tender the statements the defence
team objected, submitting that the statements cannot be taken as exhibits as
there are many alterations on both the cautionary statements and voluntarily
statements. They also argued that most of the statements were not taken by the
officer testifying. The witness testifying told the court that Detectives Boto
Keita and Lamin Cham have travelled to Basse (URD). The defence team also
objected that if the Prosecution cannot procure the officers who were absent
then the statements could be tendered by a subordinate officer, but by his
superior. “This witness is incompetent in law to tender the document.” The
defence also argued that, the cautionary and voluntarily statements from the
accused persons different dates and that some statements were not dated. The
defence posited that there are alterations on the face of the cautionary statement
of Captain Bunja Darboe an alteration concerning his age. They pointed out
that the address of the independent witness of Captain Bunja Darboe was
altered from Sukuta, Kombo North to Barra, NBD and that the phone number of the
witness did not appear on the undated cautionary statement. They also argued
that there is an additional statement to the second cautionary statement of
Captain Bunja Darboe which, according to them, is not in line with the first
statement. “None of these statements was obtained freely but under severe duress.
We are challenging the statements sought to be tendered as exhibit,” the
defence argued.
Lawyer Neneh Cham told the court that the cautionary statements of Babou
Janha and Alagi Nying were not witnessed by an independent witness. She cited a
provision of the Evidence Act to support her position. She said the
prosecution have not complied with the Evidence Act, therefore the cautionary
statements of Babou Janha and Alagi Nying cannot be admitted. She also cited the case
of Ida Ceesay versus the state that was presided over by the Gambia Court of
Appeal.
The Acting Director of Public Prosecutions, Emmanuel Fagbenle, pointed out
that there must be evidence that the statements were taken under duress. “The
defence cannot show any fact to justify their claims.”
Fagbenle further told the court that the position of the law is flexible to
accommodate the truth. He went on to cite section 237 of the Criminal
Procedure Code. He argued that the defence lawyer should make an application for the
prosecution to give them some of the documents, and not to ask for a
withdrawal of the documents.
“The witness in the box said they work as a team to take the statements. He
gave a detailed account of what transpired during the course of the
investigation. He said one of the panel members had gone to London, and Keita and Cham
traveled to Basse. There is nothing on record to show that the witness is a
subordinate officer in that office,” he argued.
“We object for a trial within trial. There should be fact on record to show
that the request for voir dire is justifiable,” he remarked.
In his ruling, the judge advocate Justice Agim, said the defence should have
filed a notice within seven days of the receipt of indictment and indicate
that they are challenging the voluntariness of the statements of the accused
persons. He said this was not done by the defence and it was not also raised
by the prosecution. He said the prosecution failed to raise the issue and has
therefore waived the legal burden on the defence to satify this requirement.
He also ruled that the document cannot be admitted as exhibits in the absence
of Keita and Cham. He however admitted these documents for identification
purposes. He ruled that the statements of Captain Yahya Darboe, Captain Wassa
Camara and Babou Janha should be subjected to a trial within trial.
The defence team consisted of Lawyers, Lamin S. Camara, who was also holding
brief for Lawyer Borry Touray, Lamin K. Mboge, also holding brief for Lawyer
Lamin Jobarteh, Neneh Cham and Musa O.S Barkely. Proceedings continue for
further hearing. See next issue for Saturday’s proceedings which commenced the
trial within a trial. For the benefit of the reader, in the trial within a
trial the court-martial will determine whether or not the statements were
obtained voluntarily in the presence of an independent witness. If the court finds
that the accused had been cautioned by the officer and made the statements
voluntarily in the presence of an independent witness, it will admit the
statements in evidence. Otherwise they will be rejected.
ACUTE WATER SHORTAGE HITS BAKOTEH
By Musa Barrow
Water is an indispensable and inextricable part of our daily lives. Life on
earth without water would have been inconceivable. This week residents of
Bakoteh have had a torrid experience, as they grapple with severe shortage of
pipe-borne water, which started on Monday, 9th October 2006.
Since that day the flow of water to most parts of Bakoteh has been grounded
to a halt.
According to sources, a leaking pipe at the Tipper Garage near Bakoteh
Petrol Station appears to be the cause of the acute water shortage being
experienced by the residents of Bakoteh. Whether a leaking Pipe at Tipper Garage is
responsible for the predicaments of the residents of Bakoteh or not, one thing
is apparent: large quantity of water is wasting at Tipper Garage as a result
of the Pipe leakage.
UDP STALWART STILL MISSING
By Fabakary B. Ceesay
The family members of the United Democratic Party (UDP) stalwart, Kanyiba
Kanyi, have expressed shock over the arrest and detention of their family
member, who was picked up by security agents at his home village at Bonto, Kombo
East, since 18th September 2006.
According to family sources, Mr. Kanyi was picked up by plain cloth officers
who were on board a taxi. They said one of the officers identified himself
as Mr. Barrow. The family members noted that there was a short conversation
between Mr. Kanyi and the officers, before he was pushed into the taxi and
quickly whisked away.
However, family members said they have moved heaven and earth to locate the
whereabout of their bread winner. They asserted that sources told them that
Mr. Kanyi is either detained at Tanji or Kartong Police Station. They lamented
that, they have gone to Tanji and Kartong Police Stations, but they did not
see him. They added that they also went to the NIA and Police Headquarters
but their efforts bore no fruit. Meanwhile, Wandifa Kanyi, a brother to the
arrestee was also arrested by the security agents on the same date. He was said
to have spent the night at the Serious Crime Unit at Banjul, but was released
the following day, 19th September.
When contacted, the police Spokesperson, Superintendent Aziz Bojang on the
detention of Mr. Kanyi, the Police Spokesperson promised to follow up the
matter.
NADD FLAG BEARER ON ELECTION
(PART 3)
Once the facts are put on their feet it stands to reason that the results of
the election were more a by product of a tactical error on the side of the
opposition than a land slide victory by the ruling party.
The statistics reveal that out of the 670, 336 registered voters only 264,
404 voters voted for President Jammeh. This means that 405, 932 voters did not
vote for him. In the same vein, the voters’ registered increased by 166, 035
voters since the 2001 elections but President Jammeh’s votes in 2006
increased by 22, 104 votes as compared to 2001.
On the other hand, 542, 055voters out of 670 336 voters did not vote for the
opposition.
Even though the registered voters had increased between 2001 and 2006 the
votes of the major opposition contender in 2001 decreased by 44, 640 votes.
The picture of The Gambia’s democracy becomes bleak when one confronts the
fact that the people who did not vote were more than the people who voted for
President Jammeh.
Some claim that the total number of registered voters may have been
exaggerated. This however, does not help us to rescue Gambian democracy from a state
of slumber. In short, the statistics reveal that, currently, there are 1.24
million Gambians out of 1.36 million persons living in the Gambia, 661, 399
Gambians are below 18 while 699, 280 Gambians are above 18 years. In actual
fact, all these Gambians should be registered or others would register in their
places. This would make the determination of the undiluted choice of the
people more precarious. Now one is justified to ask how we got to this state? It
is the duty of both ruling party and opposition to address these fundamental
questions: How did we get to where we are at this moment? Where do we go from
here?
In my view, the two opposition alliances which contested the elections
relied on two fundamentally different tactics to do so.
The National Alliance for Democracy and Development stood for a monolithic
alliance where all parties will accept to coexist under an umbrella party that
would serve as a united front and contest the elections in the name and
platform of such an umbrella party instead of allowing one party and its leader
to serve as the vanguard of the rest. It stood for collective leadership to
change a system and then put in place a level ground for genuine pluralism or
multiparty contest based on the ideologies , policies , programmes and
practices of the respective parties
The UDP led alliance stood for the elevation of one party and its leader to
become vanguard for the others to follow. It stood for regime change where
the UDP leader retains the same powers as president Jammeh.
It goes without saying that even though all the opposition parties excluding
the NCP which had allied with the APRC formed the National Alliance for
Democracy and development, the UDP/NRP decided to withdraw from the alliance
because of their conviction that their tactics will work.
What then was the basis of their tactics?
The UDP/NRP alliance was based on the notion that since Darboe had 149, 448
votes in 2001 and Hamat had 35, 671 votes an alliance between the two will
yield a total vote of 185, 119 votes. It was assumed that if other parties like
the GPDP agreed to contest the election under the vanguard of the UDP the
APRC will be easily defeated. The results of the election have confirmed that
the tactics of the UDP led alliance has not achieved the results anticipated.
In short, instead of getting 185, 119 votes plus the votes from GPDP the
alliance had 104, 808 votes. Needless to say, if the NRP and GPDP votes are
subtracted from the 104, 808 votes one would discover that Mr. Darboe had lost a
substantial part of the number of votes he gained as the UDP candidate in 2001.
The NADD alliance was aimed at system change and not just mere regime change
because of our realization that in a country where no separation existed
between party and state, where Divisional Commissioners/Governors, District
Chiefs, Village Heads were duly bound to show allegiance to a party and where
state resources are put in the service of the party, one could not speak of a
level ground to conduct a multi party contest on the basis of the strength of
individual parties. It was argued that where such a gross imbalance or
disparities in political weight exist between ruling party and opposition parties it
is necessary to create a democratic united front that will draw all forces
together to undo the imbalance, separate state and party, create democratic
structures, institutions and standards of best practice, eradicate the
advantages of incumbency and set the country on the road of free and fair elections
that would foster the election of the undiluted choice of the people .
In order to achieve these strategic objectives ,the Democratic united front
had to have a provisional or transitional mandate aimed at building a
democratic foundation through constitutional, legal, institutional and
administrative reforms that culminates n building checks and balances to humble the
executive ,strengthen parliamentary oversight, introduce independent commissions to
safeguard rights ,conduct civic education to enhance and safeguard freedom
of expression, introduce financial discipline to curb unauthorized and
extravagant spending ,and create a state that will stand the test of international
and continental scrutiny by acceding to the Africa Peer Review Mechanism. It
is these objective which informed the NADD programme to restrict the mandate
of the flag bearer of the untied front to five years after which he/she will
neither be a candidate nor support any candidate in the next following
election and shall agree to hand over to the person elected who would be subjected
to a two term mandate of five years per term.
Suffice it to say, in order to ensure the widest possible support the united
front was given a new name, emblem and colour. In this way it would not be
associated with the shortcomings of any of the parties or personalities in the
alliance. On the contrary, the positive attribute of each personality or
party would serve as the collective attribute of the united front.
The NADD had a concrete agenda which was acceptable and praised by many
Gambians at home and abroad. In terms of human and material resources it was very
easy to combine the activities of the different parties and many were ready
to provide resources. In terms of mass support, NADD participated in 6 by
elections and won 4 out of the six. The UDP/NRP analysts failed to rely on Dembo
Bojang’s report of chronic voter apathy after the results of the by election
in old jeshwang was revealed. In brief, the UDP insisted in putting up a
candidate instead of hastening the process of founding NADD. The results were
devastating. Out of 4650 registered voters the APRC had 718 votes while the UDP
had 418 votes. This voter apathy is what motivated most of us to hasten the
founding of NADD. Needless to say, the first two by election NADD participated
in were in Nianija and Njau. Nianija was an APRC seat but it won the
election by a majority of 365 votes. ADD won the Njau seat. The only other seat lost
to APRC is Hamat’s seat which was being contested in court There is
absolutely no doubt that if NADD remained intact, with hundreds of thousands of
people supporting the NADD campaign trail governors/ Chiefs, village heads,
members of the security forces and all state operatives would have either been
neutralised or rendered incapable of influencing the politics of the country in
favour of the ruling party. One can say without any fear of exaggeration that
it is the splitting of NADD that led us to where we are today. It is
therefore necessary to put into proper perspective the impact of the split on the
campaign and the results before mapping out a way forward.
To be continued
HEAVY DOWN POUR CAUSES MASSIVE FLOODING
At around 11:00pm on Friday 13 October 2006, the inhabitants of Churhill’s
Town and the surrounding where baffled by the heavy down pour of rains which
many had concluded are over and gone fell again unexpectedly, causing a
massive flow of water on the unfinished Brikama Highway and other intersections
leading to different neighborhoods. People, and vehicles plying these roads,
could be seen surging their way through the flood of water everywhere on the
streets once again, as they struggle tirelessly to find their way to their
various destinations. Many of the pedestrians and drivers we spoke to expressed
disgust with the poor state of the roads. Many of them expressed
disappointment with the newly constructed highways and gutters, which are far below
standard. It could be recalled that since the government took up the initiative to
construct the Banjul- Brikama Highway, it has been understood to be a very
costly initiative for the habitants of the area along the Highway. It has made
life very difficult for them, according to some of the people I talked to. “
The people who suffer most are those who live in the swampy areas such as
Tallinding Faro Kono and Ebo Town,” said Miss Colley, a native of Tallinding. She
asked what the government is doing to alleviate the problem.
MADI CEESAY TO BAG INTERNATIONAL PRESS FREEDOM AWARD
The Committee to Protect Journalists (CPJ) in commemoration of its 25th
anniversary, will honour Mr. Madi Ceesay, President of The Gambia Press Union
(GPU) together with three other journalists, Jesus Abad Colorado from Colombia,
Jamal Amer of Yemen and Atwa Bahjat of Iraq with 2006 International Press
Freedom Award in November, 2006.
According to a press release from CPJ, Madi Ceesay is a Gambian veteran
independent journalist who suffered attacks and imprisonment for his work. He is
also a leading press freedom activist serving as President of the Gambia
Press Union, which has spearheaded efforts to fight impunity for attacks on the
press, including the unsolved December 2004 murder of prominent newspaper
editor Deyada Hydara. In 2006 Ceesay took over as General Manager of The
Independent, a private newspaper that has suffered frequent official harassment and
two unsolved arson attacks. In March 2006 security forces sealed off the
independent’s offices and detained staff. Mr. Ceesay and editor Musa Said khan
were held for three weeks without charge by the National Intelligence Agency
(NIA). Before joining The Independent, Ceesay worked for 10 years for the
independent weekly, Gambia News and Report, first as reporter and then as its
deputy editor.
Meanwhile, CPJ will posthumously honour Atwar Bahjat, correspondent for
Al-Arabiya Satellite Television and former Al-Jazeera reporter who was gunned
down while covering a bombing near Samara, Iraq in February.
According to release, Hodding Carter III, the respected newspaper editor,
television journalist, foundation executive and teacher will also receive CPJ’s
Burton Benjamin Memorial Award for lifetime achievement.
According to Paul Steiger, CPJ Board Chairman, the honour of these brave
journalists from around the world for their tenacity in reporting the news at
great personal risk and at great odds; that their courage highlights the
dangers journalists face to get the story.
“Exposing corruption, criticizing authorities for abuse of power, or
reporting from the front line of local conflicts are just some of the ways these
reporters do their jobs and inspire us. With these awards CPJ hopes to
strengthen the protection for journalists worldwide,” said CPJ Executive Director Joel
Simon.
The release further states that the awards will be presented at Waldorf –
Astoria in New York City on Tuesday, 21st November, 2006. Robert A. Iger,
President and Chief Executive Officer of the Walt Disney Company, and John S.
Caroll, Knight visiting lecturer at the Shorenstein Center at Harvard University,
will co-chair the black-tie dinner. CNN’s Chief International Correspondent
and CPJ board members Christiane Amonpour will host the ceremony.
STUDENTS’ ACCOMODATION ORDEAL
By Modou Jonga
A number of Gambia College Students at Brikama Campus have explained their
ordeal encountered in their search for accommodation within the wards of
Brikama, as the academic year begins.
The students said they are being told by the college authorities that the
dormitories are unhygienic to accommodate them and as such require renovation.
When this reporter visited the college on Tuesday, he found the toilets and
taps closed, but the staff toilets are not. They also said that they cannot at
present attend lectures effectively, because many of them claim to have as
far away as Essau, Serrekunda, Bakoteh, Kafuta and even beyond. “Financially,
we are broke and we are yet to receive our September stipend,” they
emphasised.
Students also expressed that renting or getting tedious, considering the
present state of the economy. “An amount of D350-D400 is charged for a single
room which according is very expensive for them” said a student. Many claim
that this is beyond their reach. “Our expected expenditure on housing and
feeding exceeds the stipend, we are paid,” posited another anonymous student.
Speaking to this reporter, three first year female students said, the single room
they occupy is over crowded. In conclusion, many of the students described
the timing of such purported dormitories renovation by the college authorities,
as improper.
HEADMASTER OF KUDANG LBS ARRESTED
By Isatou Bittaye
The headmaster of Niamina Kudang Lower Basic School, Mr. Tamba M. Fofana,
was arrested since the 13th of September 2006, at around 2.30 pm. According to
the wife, Maimuna Mboob, the Station Officer of Bansang Police Station, S.O
Jawo, came to their house and asked for her husband; that she replied that he
went out, on the said date; that the S.O further asked where he frequently
goes to, and she responded in the negative.
Maimuna added that the S.O revealed to her that he received orders to arrest
her husband; that from there, the S.O left; that afterwards, she sent her
daughter to look for her father at the Bansang Police Station, where he (Tamba)
was first taken to. “My daughter came and said that her father told her that
he was ordered to stay at the Police Station. I later sent another person
and he gave me the same response,” the wife said. The wife indicated that later
the husband sent someone to her to inform the family that he was being taken
to Banjul.
The son of Mr. Fofana said that he went to the Yundum Police Station and was
told by the Police officers on duty that his father was not in their
custody. However, he said some of the detainees at the Yundum Station told him that
he was there, but had been taken away by the Police.
Mrs. Fofana indicated that they have visited all the security offices, but
her husband could not be found. She said that the whereabout of her husband is
not known and they could not tell why he was arrested. She appealed to the
authorities to help inform her and the family of the whereabouts of her
husband. The family received information that Mr. Tamba is at the Sibanor Police
Station, but that when they visited the place, he could not be found.
On receiving of information that Mr. Tamba Fofana was being detained at
Sibanor Police Station, this reporter went to Sibanor to verify this. However,
when he arrived there he was told that Mr. Fofana had indeed been detained
there for more than twenty days. According to sources there, Mr. Fofana was
brought there by security forces and later collected and taken to Kanilai.
At Sibanor, our reporter met with a Parent Teacher Association (PTA) member
from Kudang who said they also had information that Mr. Fofana was kept in
Sibanor and he was there to visit him and found out what their school master
must have done that warranted his arrest. He however confirmed that Fofana was
arrested by Station Officer (SO) Omar Jawo of Bansang Police during the
campaign period.
When contacted the Police PRO Superintendent Aziz Bojang, said he cannot
confirm the arrest of Mr. Tamba Fofana, whom sources disclosed is under Police
Custody.
IMPERSONATORS’ TRIAL DRAGS ON
By Modou Jonga
The trial of Ebrima Jallow and Co, have their trial on Thursday 12th October
2006, adjourned to the 30th October 2006, by the Brikama Magistrate Court,
due to the absence of the Presiding Magistrate, E.F. Mbye.
The six were arraigned for allegedly posing as CID and health officers to
shopkeepers at the Brikama Market with intent to defraud. The police prosecutor
is ASP Tijan Badjie. The court has so far heard the testimonies of
two-prosecution witnesses on the alleged impersonation charge.
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