Foroyaa Newspaper Burning Issue
Issue No. 54/2007, 11 - 13 May, 2007
Editorial
How Did Sheriff Die?
Further Investigation Needed!
How did Sheriff Minteh die? Was it by accident while trying to escape from
the police or was he stabbed? According to the certificate of death issued to
the family Sheriff died of “cardiac respiratory arrest due to severe
haemorrhage in the pelvis, rectum of pelvis viscera due to deep stab wound.”
However, according to a press release issued by the police, “In pursuance of
Sheriff Minteh, the deceased fell on an iron sustaining injuries on his
groin.”
Does this suggest that Sheriff sustained injuries accidentally while running
away from the Police? Don’t the Police need to do further investigation to
ensure that medical evidence corroborates their position? The police are
expected to proceed with their investigation without favour or ill will.
Needless to say, Section 18 (1) of the constitution states: “No person shall
be deprived of his or her life intentionally except in the execution of a
sentence of death imposed by a court of competent jurisdiction in respect of a
criminal offence for which the penalty is death under the Laws of The Gambia……
of which he or she has been lawfully convicted.”
BOY, 20, DIES
PANDEMONIUM ENSUES
Reliable sources told Foroyaa that Sheriff Minteh aged 20 met his untimely
death after a brawl involving him and the security agents. The said incident
occurred at Serrekunda, London Corner, on Wednesday 9 May at about 22:00 hrs.
According to the brother of the deceased, (name withheld) he came out to buy
cigarettes and found some boys being searched by PIU and plain clothed
officers. He said that he later heard people shouting “they have stabbed Sheriff.”
He said that he rushed to the scene and found Sheriff lying on the ground
and a mob beating the suspect (a security agent). He added that he then rushed
to the Serrekunda Police Station to report the matter. He said that upon his
arrival at the scene with the police in two pickup vehicles they found the
mob surrounding a compound where the suspect was said to have entered into and
sought sanctuary. He said that the police used force to rescue the suspect.
The suspect was taken to an undisclosed location.
The neighbours said they can identify the two police vehicles. They claimed
the registration numbers of the vehicles are BJL 2394E and GPF 10. Neighbours
added that on Tuesday night they witnessed the same incident when the PIU
and plain clothes officers came to their area, and searched the boys who sat at
the junction and that some of them were seriously beaten and arrested. A
sister to the deceased stressed that she came to the scene and found his brother
lying on the ground saying, “he is the man who stabbed me, don’t let him
escape.” She also added that the day before, PIU and plain clothes officers
were at the place beating and arresting boys and later whisked them into a
waiting “gele-gele.” A close friend of the deceased told Foroyaa that he was with
Sheriff when they saw the police pickup vehicle approaching them. He said
that Sheriff ran towards his house and was pursued by the plain clothes
officer. He said that he also ran after them and found Sheriff on the ground and the
officer sitting on him. He added that Sheriff was telling him that, “he
stabbed me twice, please don’t let him go.” He lamented that at the moment, the
suspect was asking, “where is the money and the mobile?”
According to family members, Sheriff was stabbed on the buttocks and on the
groin. They said that he was rushed to Serrekunda Health Centre where he died
upon arrival before being taken to RVTH. The death certificate indicates
that, Sheriff died of cardiac respiratory arrest due to severe hemorrhage in the
pelvis, rectum of pelvic viscera due to deep stab wound. The community of
London Corner and Bundung expressed concern about the heavy security presence in
their community all these days. Residents of the area are emotional
following the untimely death of the young boy, who was described by many as a
talented footballer.
YOUTHS CLASH WITH SECURITY OFFICERS
“12 ARRESTED SO FAR”
On Thursday 10 May 2006 the people of Serrekunda were woken by burning tyres
with road blocks by youths who claimed that the previous day, the members of
the drug squad stabbed and killed one Sheriff Minteh.
The youths came out with banners carrying slogans, saying “The police are
killing the youth!” “Drug squad stop killing!” They were also followed by a
group of women who tied red cloth on their heads saying “They are killing our
young ones!!”
When the group reached around the Bambo Car Park they were intercepted by
armed Police and Army Officers who clashed them, firing tear gas for them to
disperse. One young man who was later identified as Omar Ngum was butt struck
by one army officer on his jaw and started bleeding from his nose. He was
rushed to Serrekunda Health Centre. Another young girl Yamundow Nying was also
badly beaten by the PIU officers, before being butted with the gun upon which
she fell on the ground and was handcuffed and taken away.
The pandemonium paralyzed business in Serrekunda as all the shops were
closed including the Serrekunda market.
Police Press Release
1. The office of the Inspector General of Police wish to inform
the public on the incident that happened at London corner, Serrekunda between
the hours of 19 hours to 20.00 hours on Wednesday May 9th 2007.
2. The divisional Security Task Force was responding to a tip off that
some groups of youths at a particular Street in London Corner Serekunda are
smoking Canabis (Sativa) Jamba.
3. This youths are also accused of Robbery and provoking passers by. Upon
arrival at the scene. 12 people were arrested with bundles of suspected
canabis and other group members started running. In pursuance one of the suspects
Sheriff Minteh the deceased fell on an iron sustaining injuries on his groin.
4. This Sheriff Minteh was rushed to Serrekunda Health Centre and later
to Royal Victoria Teaching Hospital were he was pronounced dead.
5. The Police jointly with the Security Agents are investigating the
matter. Therefore, we are appealing to the public to be calm and to restraint
from any activity that would jeopardize the investigation. Let there be no panic
as the situation is under control.
DETAINED FOR OVER 1 YEAR
By Yaya Dampha
A good number of persons who have served in the armed forces or the security
services have been held for more than a year now without being tried by a
competent court of law. They include:
1. Sergeant Buba Jammeh of the Gambia National Army,
2. Sergeant Buba Mendy of the Gambia National Army
3. Retired Colonel Vincent Jatta, former Chief of Defence Staff
4. Musa Dibba, former officer at the NIA
5. Baba Saho, former officer at the NIA
6. Phoday Borry, former Acting Deputy Director General of the NIA
7. Ngorr Secka, former Acting Deputy Director General of the NIA
8. Abdoulie Kujabi former Director General of the NIA.
Foroyaa will enquire from the Department of State for the Interior and from
the Attorney General’s Chambers why they are still being held without trial
after one year and what offence they allegedly committed.
Apart from these former security and army personnel the following have also
been held for several months now:
1. Master Tamba Fofana of Kudang LBS whose release was ordered by the high
court since December 2006
2. Kanyiba Kanyi, CCF employee whose release is now being sought in court
3. Chief Ebrima Manneh who the security forces claim is not in their
custody
4. Councillor Ousman (Rambo Jatta) of Cape Point Ward whose release is now
being sought in court. He was seen at Sare Ngai Police Station in April.
5. Marcie Jammeh of Kanilai Foni
6. Jaseha Kujabi of Dobong Foni
7. Haruna Jammeh of Kanilai Foni.
Foroyaa will also enquire from the Secretary of State for the Interior and
the Attorney General.
MAIMUNA TAAL ACQUITTED
By Bubacarr K. Sowe
Tears rolling down her cheeks, Maimuna Taal, in a grey robe, left the court
room dumbfounded as Justice Sanji Monageng finished reading the verdict on
the submission of “no case to answer” which she and a number of sympathizers
were delighted to hear on Wednesday, May 9.
The Former Directress General of the Gambia Civil Aviation Authority (GCAA)
has been appearing in court on seven economic crime charges.
Justice Monageng ruled that the prosecution has failed to produce reliable
evidence in its case and therefore acquitted and discharged the accused, Madam
Taal.
The High Court Judge said that the evidence of the prosecution is so much
unreliable and if even a crime was done it is wrong to say that it is Taal who
caused it.
Justice Monageng said that the prosecution witnesses testified that Taal was
entitled to allowances coming from the airport improvement project which her
predecessors were receiving. The judge added that their evidence has shown
that Taal did not acquire the allowances illegally or dishonestly as count one
claimed.
On count two, Justice Monageng ruled that she has found no evidence to prove
that the accused person dishonestly acquired anything and said that there is
no case to answer. The judge went on to say that in count three, Taal did
not cause any financial loss to the government of the Gambia.
On count four, Justice Monageng said that all the refurbishment at the
Director General’s residence was done after fulfilling all requirements were met.
She stressed that “detriment to the economy of the Gambia” as the charges
claimed “should not be an assumption but an issue of fact.”
On the last count, the High Court Judge held that there was no abuse of
authority carried out by the accused person, as the evidence of the prosecution
manifested.
Where Are Rambo and Kanyiba?
Counsels Debate In Court
By Baboucarr K. Sowe
The legal battle to end the nine month long detention of Kanyiba Kanyi and
Ousman Jatta, alias Rambo on Wednesday and Thursday deepened at the High Court
as both the state counsel and the counsel for the applicants continued to
argue and counter argue.
The applicants’ counsel Ousainou Darboe early this week filed a writ of
Habeas Corpus on the duo’s behalf inorder for the High Court to order their
release.
Responding to the reply made by the state counsel Emmanuel Fagbenle, Counsel
Darboe said that Abdourahman Bah who is a litigation clerk is not the right
man sworn to the affidavit.
Darboe told the court that the then Secretary of State for the Interior,
Baboucarr Jatta said that he is the one who ordered the arrest of both Kanyi and
Rambo Jatta.
The defence counsel said that the ex-secretary of state told the
Commonwealth Inter Party Committee that he ordered the arrest of Rambo because he is a
problem and he did also order for Kanyi’s arrest for walking into a political
meeting he was not invited to.
Darboe informed the court that ex-SoS Jatta said that keeping Rambo for
sometime will tame him. He also said that Baboucarr Jatta said that the act of
the opposition tantamounts to rioting and their legs will be shot at if they do
so.
According to Darboe, Jatta said that it happens even in London and New York,
which in his opinion are the father of democracy.
The lawyer said that it is a gross violation of the constitution for the
police and the intelligence agency to keep somebody for months without trial.
He added that a High Court order on October 17, 2006, called for their
release but the security forces did not obey the court order.
Darboe also told the court that the then SoS should not instruct the
continuous detention of people simply because he has authority. He described the act
as uncivilized and have no room in any democratic society.
For his part, state counsel Emmanuel Fagbenle, argued that the detainees are
not with the authorities as claimed by the applicants.
The state lawyer stated that there is nobody to produce in court since they
do not have the alleged detained persons.
The detainees, Kanyiba Kanyi and Ousman Jatta are alleged to have been
arrested by the police and the National Intelligence Agency (NIA) since September
2006.
Kanyiba is an employee of the Christian Children’s Fund (CCF) and a native
of Bonto Village, Kombo East, while Jatta is a United Democratic Party (UDP)
Councillor for Old Bakau and Cape Point Ward.
A Catalogue of Attacks on the Media in The Gambia
A. Murder
Deyda Hydara
Former Managing Editor and proprietor of The Point Newspaper and Treasurer
of WAJA. The Point was then a privately owned newspaper published thrice
weekly. It is now published daily
He was shot dead at close range in the vicinity of the Police Garage and the
Police Intervention Unit (paramilitary force) at Kanifing, 12 kilometres
from the capital, Banjul while he was driving two members of his staff home.
The National Intelligence Agency (the intelligence service) took over the
investigation from the police and soon after issued an interim report, then
coming up with a credible lead as to who killed Deyda the report tended to cast
suspicion on Deyda as being responsible for his death. After this interim
report no progress has ever been reported on the investigation of the crime by
the security forces. The call by the Gambia Press Union for the President to
set up a commission of inquiry or to invite foreign independent investigators
since they have not made any progress on the investigation has gone unheeded.
B. Arson Attacks
1. On 8 August 2001, Radio 1 FM was subjected to arson attack in the course
of which the proprietor, Mr. George Christenson, sustained injuries and was
admitted at a clinic. The attack took place between 2 am and 3 am. According
to the proprietor, a group of people upon arrival cleared all the people in the
vicinity of the arson. They then proceeded to spray both the proprietor and
the watchman with a chemical. The proprietor sustained injuries and burns on
several parts of his body. After spraying them with a chemical, they
proceeded to empty a twenty litre container of gas oil on the main doors and set them
ablaze.
2. On 10 August 2001, there was a second attack on the house of Alieu Bah,
a journalist at Radio 1 FM, a privately owned radio station, which organized
programmes that facilitated debates between politicians and other prominent
personalities of divergent views and dissenting opinions. At about 3 am the
front door of his house was bolted from the outside. They poured gas oil on it
and set it ablaze while he was sleeping with his family.
3. The Independent’s offices were set on fire on the evening of 17 October
2003 at about 3am. Acting editor, Sidi Bojang, told reporters that three men
came, sprayed the caretaker with a chemical and hit him with an iron bar;
that while he was being taken to hospital, four men climbed over the newspaper’s
institutions wall and set it on fire through the windows. They fled on the
arrival of several employees of Uncle Sam Security Agency contracted to
protect some premises in the vicinity.
4. 13 April 2004, now the printing facilities of The Independent at
Kanifing South were attacked. The staff present at the time said that six men
putting on camouflage uniform and mask assaulted the staff around 2am. According to
the employees, they got into the printing room, poured petrol on the machine
and set it ablaze. The machine was completely burnt and became
dysfunctional.
5. Sunday, 15 August 2004, there was yet another mysterious attack on the
home of Gambian born BBC reporter, Mr. Ebrima Sillah at about 3am. According
to Sillah, the assailant removed the wire gauge on one of the windows of the
sitting room, removed the louver glasses, pour fuel into the sitting room and
set it ablaze at a time when he was asleep in his bed room. The heat and
smoke woke him up and he escaped through the window of his bedroom. Prior to
this attack Sillah had received an email purported to be from the “green boys”
threatening him.
C. Arrests And Detention
1. Mr. Abdoulie Sey, Editor-in-Chief of The Independent, a privately
owned bi-weekly.
According to the staff of The Independent, he was arrested by three men from
the NIA (the intelligence unit) at about 6pm on 19 September 2003 who took
him away with a black Ford Pajero with no registration number displayed on the
number plate. He was released four days later.
2. Mr. Musa Saidykhan, Editor-in-Chief of The Independent was
arrested and detained for a brief period soon after his return from the Editors’
Forum in South Africa. Interrogation centred around suspicion that he gave
adverse information to very senior South African officials about the state of the
press and human rights in The Gambia.
3. Monday 27 March 2006, the Editor-in-Chief of The Independent,
Musa Saidykhan was arrested by the NIA from his home a few days after two
articles critical of the President were published a few days after an alleged
attempted coup of 21 March 2007.
4. Tuesday March 2006, the General Manager of The Independent, Mr.
Madi. K. Ceesay was arrested by the NIA when he reported for work on that day.
Both Madi K. Ceesay and Musa Saidykhan were released on after three weeks
without being charged.
5. 10 April 2006, Mr. Lamin M. Fatty, a reporter of The Independent
was arrested from his home by the NIA and taken to the NIA Headquarters in
Banjul where he was held up to the 63rd day of his detention. Upon release he
faced a trial on false publication. The trial before a magistrate has been on
since 12 June 2006 The penalties for the offence is between a fine of D50,
000 ($1800) and D250, 000 ($9000) or imprisonment for a minimum period of one
year.
6. 25 April 2006, Mr. Juldeh Sowe, a receptionist at The Independent
was arrested when he reported for work on that day. He was released on the
same day.
7. 7 July 2006, According to employees at Daily Observer, Chief
Ebrima Manneh, a news editor of the paper was arrested on that day when he
reported for work by plain clothes security officers believed to be NIA officials.
Foroyaa newspaper reported that he was seen at Fatoto Police Station in the
far eastern end of the country in December 2006. But the police and the NIA
have denied that he is in their custody. At the moment, his whereabouts is not
known.
8. On 24 May 2006, the following journalists were arrested after the
Freedom Newspaper saga:
(a) Mr. Musa Sheriff a reporter at News and Report, a privately owned
weekly magazine.
(b) Mr. Pa Modou Faal of Gambia Radio and Television Services, the
state owned broadcasting house.
(c) Mr. Lamin Cham, a Gambian born BBC reporter
(d) Mr. Sam Obi, who reports for Radio France International
(e) Mr. Malick Mboob, the then Communications Officer at the Royal
Victoria Teaching Hospital (RVTH)
After the hacking of the address book of Freedom Newspaper, a list of
alleged subscribers and informants were published in Daily Observer.
This was followed by a wave of arrests which included these five
journalists. But no official reason was given for their arrest. Malick Mboob was
released on 9 October 2006. The others were released on different dates.
9. September 2006, Dodou Sanneh, a GRTS reporter who was covering
the campaign of the UDP led opposition coalition was recalled from his
assignment and arrested when he reported for work. He was released on Monday 27
September 2006 and sacked on the same day without reasons being given. He was
reinstated but later sacked again.
10. 28 March 2007 Fatou, Jaw Manneh, a former reporter of Daily
Observer who now resides in the USA was arrested by the NIA upon arrival at Banjul
International Airport. She had come from the USA to visit her family. She is
charged with sedition.
The following is said to be the seditious matter:
“Betrayal, Jammeh is tearing our beloved country into shreds, he debunked
our hopes and became a thorn into every issue that is related to progress in
The Gambia, be it social, political and economic. Worst of all, he is a bundle
of terror. There is need to speak out. If you look around The Gambia,
particularly at the condition people live in, you will see what I mean, that
Gambians are desperately in need of an alternative to this egoistic frosted Imam of
APRC. Jammeh is full of energy but very negative energy and he totally lacks
direction. What he needs is to come clear to The Gambian people and say that
he has failed us all miserably, that he will be doing everything to
revitalize his promises to The Gambian people, excuse his ten years in office, rather
than forcing us to recognize the developments that do not exist.”
D. Assaults
1. 16 December 2005, Ramatoulie Charreh who was then with the Daily
Observer was ruffled by police when participants at the international
conference attempted to visit the site where Late Deyda Hydara was gunned down.
2. In 2006, Njameh Bah, a reporter of The Point was attacked and
severely beaten by her attackers.
3. On 12 December 2006, Baron Eloagu of the Daily Express a
privately owned newspaper was attacked and beaten. This followed the severe beating
up of Abdougafar Olademinji, also of the Daily Express.
KANILAI FARM ALLEGED THEFT CASE WITHDRAWN
By Modou Jonga
An alleged theft case involving Mr. Milko Berben, a Dutch national and an
engineer at the Global Energy Company, was on Wednesday 9th May withdrawn from
court. Mr. Berben who pleads not guilty is arraigned for allegedly stealing
three generators, valued at D1,665, 000.00 and said to be the properties of
the Kanilai Farm Company Ltd. The said theft is said to have been committed at
Kanilai and Buyine Village in the Western Region.
In applying for the withdrawal of the case, the prosecutor, superintendent
Dibba, cited section 68 (1) of the criminal code. The reason for the
withdrawal of the case was, however, not cited.
The withdrawal application was thus granted by the Presiding Magistrate, E.F
M’bai. Magistrate M’bai ruled that the accused person be discharged of the
offence charged. Two prosecution witnesses, Musa A.M Njie, Operation Engineer
at the Kotu Power Station and Jim Secka, Engineer Global Energy Company,
have testified in the said case during the previous sitting. The accused person,
before the withdrawal, was expected to enter his defence on the charge
preferred against him.
MORE TESTIMONIES IN BRITON’S MURDER TRIAL
By Bubacarr K. Sowe
Mammie Kabba, a twenty-eight year old hair dresser living in Bakau Newtown
on Wednesday, May 9 appeared at the High Court, in the murder trial of Kate
Atori West who is accused of killing her husband by hitting him with a pestle.
Wednesday’s hearing is the first time at the Banjul High Court following the
transfer of the case from the Brikama High court inorder to ease mobility.
Kabba in her evidence-in-chief, told Justice Avril Anin Yeboah that on her
second visit to the accused person’s house, she saw Mrs. West and a man taking
out two vehicles, which Mrs. West did not return.
Kabba said that she was in a taxi when she returned to the house.
The following morning, Kabba, according to West visited her house and handed
her a small black bag for safe keeping, which as West claimed contained
magazines.
Kabba added that she accompanied West to the airport when she was going back
to England. She narrated that West gave her the remaining money in her
possession; that few days later, Kabba went on to say, one Ajayi called her,
saying that she should go to his place to collect a cotton material left for her
by the accused person, which she collected and took home; that after some
days, she said that the accused person also called her, claiming that she had
returned to the Gambia. In that call, Kabba said, she told her to bring the bag
along; that she took the bag back home after being told by the accused person’
s aunt that she had not seen her.
Kabba further testified that one Adora told her she should call the police
officer responsible for the case, Momdou Lamin Ceesay; that Ceesay came to the
house and she told him the story and was later taken to Kairaba Police
Station and later proceeded to the police headquarters in Banjul. The witness
explained that at Ceesay’s Office, the accused person was also brought in and
asked if she recognized the bag; that she accepted it as hers, opened it and
pulled out her husband’s passport.
At that moment, the witness said that she was shocked and began to cry.
She was then moved to another room where her statement was written down.
Under cross-examination with counsel, Lamin S. Camara, Kabba told the court
that she knew West during last year’s African Union Summit hosted by the
Gambia.
She added that she can not recall the date she visited West, but remembered
that it coincided with the arrival of President Qadafi of Libya.
Kabba also adduced that West wrote her statement on July 22, 2006 and that
she did not read the statement.
Kabba could not recall the date West called her when she returned from
England and also could not remember when she went to West’s aunt.
FOCUS ON POLITICS
SIX MOJA MEMBERS ARRESTED, A DAY AFTER THE BAN
With Suwaibou Touray
We have been focusing on politics from pre-colonial to post-independence
era. In the last issue, we have mentioned the arson attacks and subsequent
burning of the presidents’ yacht “the Barajally.” We have stopped where we said
the police were frantically searching for information up to the point where
the state had to make a handsome reward of D5000 to any informer who would help
them to arrest the culprits.
Let us continue from where we stopped.
At this stage, people were caught up between two possible coercive powers,
i.e; the state, on the one hand, and the possible threat from whichever
clandestine group may have been responsible for the burning of the state yacht, on
the other
By 30 October 1980, The Gambia Gazette Published the proscription of MOJA-G
and The Gambia Socialist Revolutionary Party of Mr. Pengu George. According
to the Gazette, the grounds given for the banning of these two orgnisations
were; “that they were being used for purposes considered prejudicial to and
incompatible with the interest of public safety, public order, public morality
and are further being used for interfering with the rights and freedoms of
other persons.” Just one day after the announcement on 31 October, 1980 at about
10:40am, according to records of MOJA-G, a team of police officers, armed
with a search warrant, entered 46 Buckle street, the house of Koro Tijan
Sallah. The house was searched and the six occupants, including Koro, were
arrested. According to the MOJA leaflet, the six were not informed, at the time, of
the reasons for their arrest.
According to the Amnesty International’s report on the trial, a quantity of
items were removed during the search and subsequently produced in court. They
include two bows and two arrows, one cutlass and scabbard, six shotgun
cartridges, two long-playing records, documents, a stamp being the insignia of
MOJA, radio equipment and speakers.
According to the MOJA leaflet, the exact nature of the radio equipment, i.e,
whether it was a transmitter or a receiver or an ordinary radio, had not
been made clear at the trial. The six were brought to the CID office in the
police station and subsequently charged with “managing an unlawful society and
with possession of weapons, contrary to the Arms and Ammunition Act.
This means that the 1971 Society’s Act was retroactively applied after the
Gazette. The law at the time says before a society could be banned it must be
published in The Gambia Gazette.
According to records, the trial proper commenced on November 7, 1980 before
Mr. Swanika, an acting principal Magistrate. The six accused persons were
named as follows;
1. Koro Tijan Sallah, age 33, former student of Harvard University,
U.S.A and Patrice Lumumba University, USSR), former secondary school teacher
in Banjul.
2. Bakari Jobe, age 18, unemployed, former mechanical apprentice.
3. P.Modu Jobe, age 24, former police officer, currently unemployed.
4. Fakebba Juwara, aged 21, building assistant.
5. Momodou M’boge, aged 21, unemployed, former clerk, Public Works
Department.
6. Solomon Tamba, age 21, unemployed, former clerk, Public Workers
Department.
The MOJA- six, as they were popularly called, were represented by five
Gambian lawyers, Mr. Pap-Cheyassin Secka, Mr. Ousainou Darboe, Mr. Antouman Gaye,
Mr. Sillah, and Mr. Kocker. The prosecution was conducted by Mr. Grante. The
Solicitor General stood for the state assisted by lawyers from the state law
office. According to the MOJA leaflet summarizing the report of Amnesty
International, the charges read as thus;
(i) to wit the “ Movement for Justice in Africa managing an unlawful
society, contrary to section 4 of the Societies Act 1971.
(2) the six accused ) were on the 31st day of October 1980 between 1100
hours and 1200 hours at 46 Buckle Street in the city of Banjul found to be in
possession of arms and ammunition without lawful authority, contrary to Section
8, of the Arms and Ammunition Act (Cap, 6)”.
When the trial opened on 7 November 1980. Mr. Pap Secka for the defendant
Sallah, submitted a “plea in bar” to the effect that the indictment did not
disclose any offence. The magistrate adjourned the court to consider this
defence submission, which was rejected when the court resumed on l4 November 1980.
The prosecution then immediately sought leave to amend the charges by the
addition of charges of membership of MOJA and attending meetings of MOJA. The
application was rejected, after legal objection from the defence. There were
no further steps taken in the trial until 28 November 1980, because senior
prosecution counsels were not available. The prosecution’s case opened with the
evidence of the senior police officer who conducted the search and arrest
operation on 31 October 1980. After his evidence-in-chief was partly heard, the
trial was again adjourned and recommenced on 29 December 1980.” The magistrate
’s continued refusal to grant bail was sought to be reversed by a separate
motion before the Supreme Court. Shortly before Christmas, however, at the
regular demand of the six defendants in the magistrate’s court, the prosecution
withdrew objection to bail and the magistrate granted bail to all six
defendants. All six were on bail throughout the trial. During the three days of the
hearing which Amnesty international’s representative observed, the testimony
of the first prosecution witness, the principal police officer, was
completed, and the direct examination of a second police officer who accompanied the
first on the search on 31 October was commenced. The substance of the evidence
brought forward by 29 December 1980 establishes that all six defendants were
found in the sitting room of 46 Buckle Street, Banjul on 31 October 1980.
The two police witnesses gave conflicting evidence as to what they were doing at
the time of the police search. One had five of them sitting around listening
to a radio; while the sixth read a book and the other stated that they were
all seated discussing a document. The raid was conducted because of
information received by the police that there were arms and ammunition in the house.
The police officer who stated this in evidence refused to divulge the source
of the information relying on Section 13 of the Societies Act 1971 which
protects an informer from having his identity revealed in court except in
exceptional circumstances.
The magistrate ruled in this case that the police officer did not have to
give the source of the information. The defence did not object. All of the
items mentioned above, the fruits of the search, were tendered as evidence in the
trial but not all were admitted in evidence. The court admitted the two bows
and arrows, the cartridges, the cutlass, the records (“The Story Behind
Mandela”, and “Kwame Nkrumah”) and the MOJA stamp. The rest were accepted “for
identification purposes only”. With respect to the evidence in support of the
charge of possession of arms and ammunition, it appeared to Amnesty
International’s representative that these charges could not be sustained. In the
first place, proof of possession against each of the six defendants appeared to
be absent. Secondly, apart from the cartridges, it was doubtful whether the
other items constituted “arms”. The defence case was that two bows and two
arrows were curios, not intended or capable of being used for offensive purposes.
See next issue for more on the trial of MOJA – SIX.
WOMAN APPEALS FOR SON’S HEALTH
By Yaya Dampha
An old woman stands in need of an emergency assistance to operate and
correct her 12 year old son’s heart problem.
According to Theresa A. Johnson who escaped from the war torn Sierra Leone
to The Gambia her son suffers from two weak valves in his heart and it is
enlarged. According to doctors he was born with it and could be corrected by
replacing the two valves. The condition has deteriorated, compared to the
previous years. He cannot walk fast, cannot cry loud and should avoid excitement at
all cost. He goes to school but he is quite weak at some stage.
According to his medical report Glen’s Heart is enlarged with marked left
ventricular hypertrophy and a moderate right ventricular hypertrophy. The
pulmonary value appears stenotic and deformed and there is also a narrowed
infundibular area.
The sepal leaf of the metral valve also appears thickened and deformed and
appears incompetent. The mother is therefore requesting for an overseas
treatment to replace these two valves since the equipment for the treatment is not
available in the country.
Theresa A Johnson now appeals to President Jammeh, The Gambia Pastors
intercessory Forum, Churches, Ports Authority and child oriented organisations and
individuals to help save her child’s life.
You could kindly help through Glen’s Trust Fund number at the Trust Bank Ltd
in Banjul: 112-110794-01 and contact these numbers 9808144/ 70656033.
When will the U-20 Leave for Training Camp?
About D5 Million Needed
By Modou Nyang
The much awaited overseas training camp of the U-20 team is in limbo with
the lack of funding being the bane for the implementation of the plan by those
vested with the responsibility to guide the affairs of the country’s football.
The U-20 National team has been billed to leave for a training camp of
Europe and the US towards their buildup for the FIFA U-20 World Cup just over a
month away, but as matters presently hold the picture looks bleak. According to
officials at the Department of State for Sports, the various fundraising
activities presently undergoing and the contribution of philanthropists are the
expected sources of income to fund the team’s much needed program.
But as matters currently stand the major fundraising drives being relied
upon seems not to be bearing the desired fruits. The much publicized 105 SMS
text message and phone call vote your darling player initiative of the GFA
marketing committee, is fast reneging from its early momentum when top vote
recipient Ousman Jallow, garnered a total of over 7000 votes. The initiative will
accrue to the FA D1 dalasi from every SMS or phone call to vote for a player,
but in its last draw on Monday Jallow collected a little over 500 votes.
However contributions from professional groups’, artisans and institutions are
leading the way in the contribution drive. But an outing costing in the region
of five million dalasis may only be salvaged through government’s
intervention or better still from other means.
The proposed training camp in the UK will cost over three million dalasis.
These include accommodation, feeding, transportation, cost of training ground
usage and materials together with other costs. And when the team moves to the
US for the last part of their preparations before they finally move to
Canada, another two million dalasis will be needed to foot the bill for the team’s
preparations.
Since booking a place in the world’s second most prestigious football
tournament following a fine display of football artistry in the African Youth
Championship in Congo early this year. The boys’ preparation for their epic
appearance in the glamorous tournament is noting yet but gloom.
The team was beneficiary to a fitness tournament in Suwon, South Korea in
March which served as a testing ground but a three matches losing streak
finishing last albeit with some important absentees in the four country tournament,
was followed by another 2-1 defeat in the hands of the Ivory Coast U-23 here
in Banjul late last month. With the increasing decline in confidence in the
team’s performance by the public, the funding of the coach Bonu Johnson led
technical team proposed training camp has become the order of the day.
The Gambian U-20 national team is pitted in group C of the FIFA U-20 World
Cup between top Central American contenders Mexico and European giants
Portugal together with New Zealand in one of the toughest groups of the biannual
tournament. The team also suffered a similar setback in its preparations for the
African U-20 Champions in Congo earlier this year when its participation in
the tournament was hanging on the balance. The Gambia Football Association
had to finally utilised the good relations they had with the South African
Football Association SAFA, lodge at its school of excellence facilities and
arrange some test games before moving to Congo. Despite the difficulties the boys
put up a wonderful showing finishing third after missing out for the final to
a lucky Nigerian side in the semi final.
Cricket: Six Nation Tourney Starts Tomorrow
By Isatou Bittaye
A six nation cricket tournament dubbed North-West Africa Championship will
kickoff tomorrow at the July 22nd square in Banjul.
The participating countries include the traditional participants of the
quadrangular tournament Ghana, Sierra Leone, Nigeria and the Gambia, will also
include this time around Mali and Morocco.
Talking to Foroyaa-sport the President and team manager of the Gambia
Cricket Association GCA Johnny Gomez, said that the opening game at Banjul will be
between host Gambia and Morocco at 10am in the morning. The other game on the
same day at the MRC grounds will witness Sierra Leone play Ghana, all
matches kickoff at the same time. The semi finals will be played on Wednesday and
the final is slated on Thursday 17th.
The North-West Cricket Championship is the first of its kind hosted by the
Gambia. The championship is recognized by the International Cricket Council.
The Gambia Cricket Council Association is calling to the general public and
the private sector to come to their aid as they are facing financial
difficulties.
In another development a British firm Ram International donated a cricket
playing materials through a Gambian, Fabakary Dampha. The donation which was
done at the July 22nd square was handed to members of the GCA and in his speech
Dampha said that the items are meant to help in the development of the
cricket in the Gambia.
Alhagie Dodou Joof Secretary General of the Gambia Athletic Association also
donated a trophy to the Cricket Association in a bid to assisting it to
improve the sport in the country.
Football: Second Division Commences Today
By Modou Nyang
The second division league will commence today with four matches taking
place at various ground.
At Banjul, Young Africans will take-on Interior FC and Samger FC play Ham
Ham at Serrekunda West. Tallinding United entertain Jambanjelly FC at the
independence Stadium whilst the other battle at the Serrekunda grounds will be
between the two newly promoted sides Serrekunda East FC and Nema United. The
next matches follow on Sunday.
30 Coaches Set for Refresher Course
By Modou Nyang
A 12 day refresher coaching course is billed to take place at the GFA centre
of excellence starting from 14th to the 25th of this month.
The course which will be run in partnership with FIFA and Olympic Solidarity
will be directed by Detlev Bruggemann a German national.
According to a press release from the Gambia Football Association the
participants will be drawn from league clubs and the regional sporting bodies
around the country. The statement indicated that FIFA and Olympic Solidarity
attaches great importance to the training and technical development of coaches,
referees and other aspects of football.
A visit to the SoS Children’s Village will also form part of the training
programme as a result of FIFA’s long standing relationship with SoS Villages
around the world.
JUSTICE PAUL MOVED TO COURT OF APPEAL
By Bubacarr K. Sowe
Justice M.A Paul, a High Court judge has been elevated to the Court of
Appeal, Foroyaa has reliably learnt.
The Judicial Secretary of The Gambia Judiciary, Nguie Mboob Janneh on
Thursday confirmed Justice Paul’s elevation to the Court of Appeal. Mrs. Janneh
said that it is not yet known when Justice Paul will be sworn in to officer.
This latest development has raised the number of judges at the Court of
Appeal from one to two.
Previously, its president, Justice Emmanuel A. Agim does preside over cases
with the assistance of two judges from the High Court.
FORMER PS’S TRIAL IN CAMERA
By Fabakary B. Ceesay
The trial of Lamin Sanneh, Former Permanent Secretary for Works and
Infrastructure and the state, had been called into chambers.
When the case was called before magistrate Pa Harry Jammeh of Kanifing
Magistrates Court, on Tuesday 8 May, the state counsel, E.O Fagbenle, told the
court that they intend to hide the identity of the witness due to the nature of
the case and the witness’ job. He cited section 24 (2) of the Constitution to
support his application. The defence counsel Lamin S. Camara said that in
the interest of justice he will not object, and added that anything that has
national security implications should be in chambers.
Counsel Camara said that the charge sheet is not under the ambit of section
24(2) of the constitution. Magistrate Jammeh said that the court is an open
court and that all cases are entitled to be heard in the open. He ruled that
they will discuss the matter in chambers and if possible, for the whole trial
to proceed in chambers.
Mr. Lamin Sanneh is standing trial for alleged negligence of official
duties. He was said to have neglected his duty to report to office as he was
required to do. He pleaded not guilty and was granted bail in the sum of D100, 000.
He had spent five months in detention before his first appearance in court
on 3 April 2007.
VP’S FORMER PROTOCOL HOSPITALISED/RELEASE
By Yaya Dampha
The former Protocol Officer to the vice President, Mr. Babucar (Puye)
Jobarteh, who was arrested by the state Security Agents on 27 of October 2006 and
detained at Mile Two Central Prison, is currently hospitalized at the Royal
Victoria Teaching Hospital (RVTH). Mr. Jobarteh has since, a month ago, been
admitted at the surgical ward under guard.
However Foroyaa has reliable learnt that Mr. Jobarteh was released by the
state agents on Monday. The family members of the former Protocol officer were
called by the Prison officers to come and help their loved one since he is no
more under their captivity. The police PRO could not be reached when
contacted, in but sources close to him confirmed the release of Mr. Jobarteh.
TAMSIR JASSEH FINISHES EVIDENCE IN TREASON TRIAL
By Bubacarr K. Sowe
Tamsir Jasseh, Former Director of Immigration and ex-deputy Inspector
General of Police, who is accused of treason on Wednesday May 9, finished his
testimony in a trial within a trial (voir dire) at the High Court.
Under cross examination with state counsel, Emmanuel Fagbenle, Jasseh said
that during the cause of his arrest he met Sheriff Mustapha Dibba, then
speaker of the National “Assembly and Mariama Denton, a barrister at the National
Intelligence Agency (NIA).
Jasseh told the court that he does not know whether Dibba and Denton did
make statements at the NIA.
The accused person also said that he was in court when Denton appeared in
their trial as a prosecution witness.
Asked by the prosecutor whether he is aware that Denton was arrested when he
had already made the statement, Jasseh responded that he made the statement
after Denton’s arrest.
Defence counsel, Lamin Camara, who has opened his defence in the voir dire
told the court that his upcoming witness was not in court and the trial was
set for continuation on May 16 and 17 before Justice Avril Anin-Yeboah.
Jasseh with Alieu Jobe, ex-accountant General, Omar Fall Keita an alleged
Marabout and Demba Dem, a Former parliamentarian, were indicted for alleged
involvement in the March 2006 Coup Plot.
BADARA LOUM GRANTED BAIL
By Bubacarr K. Sowe
Dr. Badara Loum, Ex-permanent Secretary at the Department of state for
Agriculture is on trial for causing economic loss to the government, was on
Wednesday granted bail by the High court.
Loum is being tried along side Suruwa B. W. Jaiteh also a Former Permanent
Secretary at the same department.
Both men are accused of causing economic loss of 6,340, 845 dalasis to the
government between April 2005 and December 2006 when they were accounting
Officers charged with the responsibility of selling 47,775 metric tons of NPK and
2,229 metric tons of urea fertilizer valued at 51,480,100 dalasis.
Loum was granted bail by Justices Sanji Mongeng at the sum of 500,000
dalasis or a landed property of equal value with a Gambian Surety.
His colleague, Jaiteh was previously granted bail by the court on March 9.
Loum’s Lawyer Haddy Dandeh Njie on Wednesday informed the court that she is
recusing herself from representing the first accused person.
Meanwhile Lamin S. Camara has taken over the case.
Jaiteh, the second accused is being represented by Sheriff Tambedou, while
Emmanuel Fagbenle, Director of Public Prosecution, appeared with four other
counsels.
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