Foroyaa Newspaper Burning Issues
Issue No. 138/2007, 23 - 25 November 2007
Editorial
THE DOWRY SYSTEM UNDER THE MICROSCOPE
A Subtle Enslavement of Women
There are many patriarchal tendencies which are keeping women is a state of
virtual slavery which pass almost unnoticed by the vast majority of people.
Poverty is leading to many social trends which can be equated with the sale of
daughters.
Some poor parents who have invested heavily to raise their daughters often
hope that men would appear who would spend fortunes to marry their daughters.
Some men capitalise on this to give families more wealth than they are able
to pay back in case divorce is sought by the bride.
Take the case of the village girl who was pulled out of school to be given
away for marriage. Report has it that the husband was the patriarchal type who
made her to work like a beast of burden and still flogged her for every tiny
resistance to his unreasonable commands. Apparently the maltreatment became
so severe that the girl suffered a miscarriage and decided to refuse to go
back to the husband until he changes his ways. The parents for once agreed that
she needed rest and accepted to host her while the husband makes effort to
get her back. Instead of going for the wife the husband sought the support of
local authority to accuse the parents of the woman of dissolving his marriage
and claimed for compensation of the bride price. The authority accepted to
include the cost of every coin ever spent by the man on the woman and any
member of her family. A poor farming family living in dilapidated huts is now
required to pay 8000 dalasis as bride price for the dissolution of the marriage.
There is no codification of customary laws which are relied on by local
authorities to pass judgment in such cases. Consequently women are vulnerable to
the whims and caprices of patriarchal decision makers. The 1997 constitution
retains the same institutions for handling marriage, divorce and inheritance
as the 1970 constitution with the slight change of introducing a Cadi Appeals
Panel.
Section 137subsection (6) states: ‘’The Panel shall have jurisdiction to
hear and determine appeals from judgment of the Cadi court and from the
district tribunals where Sharia law is involved’’
Many rural families are not aware of their right to appeal to test the
system. It is therefore necessary for the women movement to do a special study on
the issue of bride price and help advocate for practices which will free
women from bondage.
Foroyaa has repeatedly called for the creation of an autonomous women
council to serve as an oversight in monitoring compliance with all conventions,
which seek to safe guard women from discrimination and oppression. We hope WODD
will take the initiative to do such studies in collaboration with the People’
s Centre so that the rural women especially will be sensitized to know their
rights. This will also enable a future democratic government not to pay mere
lip service to the protection and liberation of women but would ensure it in
deed so that the bond between men and women will be based on justice, mutual
respect and concern for each other’s advancement and happiness. This is the
genuine road to progress and prosperity. No society can be free which exploits
and oppresses its women.
BAJINKA SPOTTED AT RVTH
Yahya Bajinka, an NIA officer who is held incommunicado for eight months by
the authorities, was on Wednesday 21 November 2007 spotted by this reporter.
Mr. Bajinka, who was rearrested on 16 April 2007 at Brikama in the Western
region, was seen at the Royal Victoria Teaching Hospital Poly-clinic in Banjul.
An armed soldier and two prison officers escorted him. The detained NIA
operative who was visibly weak in appearance was finally taken back to the state
central prison on board a numberless white coloured van after spending more
than five hours at the said clinic with other prisoners.
A source informed this reporter that he is not aware of any charge against
Mr. Bajinka .The authorities are yet to inform the public the reason for the
arrest and detention of Mr Bajinka.
COURT ENTERS JUDGMENT IN FAVOUR OF COMIUM
Bubacarr K. Sowe & Fabakary B. Ceesay
The Banjul Magistrates Court on Thursday, November 22, entered a judgment in
favour of Comium in a suit the mobile phone company filed against one Pa
Ebou Sanneh, the APRC Banjul Youth Divisional Mobiliser.
Comium is claiming D200, 000 being an amount it paid to Mr. Sanneh for land
rental in Banjul, but the construction was halted by the Department of
Physical Planning.
The plaintiff also claimed an interest of D10, 000 and D10, 000 as cost.
Magistrate B.Y Camara at the end of his judgement said the defendant has
shown lack of diligent prosecution.
At the beginning, the Magistrate said both the defendant and his counsel
were written to but they failed to reply.
Testifying before the court, Nyang Njie of Comium said an agreement was
signed on October 28th 2006 between Comium and Mr. Sanneh.
Mr. Njie said a payment of D200,000 was required by the agreement and a
receipt of the payment from Comium to the defendant was tendered as evidence.
The agreement was also tendered and admitted in court as part of the
evidence.
Mr. Njie told the court that they started construction at the premises .He
said a contractor started erecting the foundation; that they received a letter
from the Department of Physical Planning which asked them to stop the work
immediately.
Mr.Njie said the reason advanced by the Department of Physical Planning was
that the property was a temporal allocation to the defendant.
The Comium employee added that their plan was to launch their network latest
May 2007 but that frustration they went through when they wanted to
construct one of their towers made them to utilise their facilities on the Gamtel
tower.
He said the defendant was told in a notice from their lawyer to regularise
his paper work.
Mr. Sanneh, the is the husband of the Ex Mayoress of Banjul, Mam Sai Sanneh.
It is alleged that the Banjul City Council granted Mr. Sanneh license to use
the plot for the purpose of operating a restaurant. Instead the defendant
decided to sublet the area to Comium to erect a tower.
Journalist Fatou Jaw Manneh Appears At High Court
By Fabakary B. Ceesay & Bubacarr K. Sowe
The sedition trial of journalist Fatou Jaw Manneh was on Wednesday 21
November mentioned at the High Court before Justice Mabel Maame Yamoa. When the
case was called., Justice M.M. Yamoa said she does not have any clue of the case
before her apart from the ruling of Magistrate Imelda Mboto of Banjul
Magistrates Court. She later asked for the previous proceedings of the case to be
made available to her by the next adjourned date. T he case was therefore
adjourned to 28 November.
It could be recalled that Fatou Jaw Manneh, a US based Gambian journalist
was standing trial on charges of sedition at the Kanifing Magistrate Court
presided over by Magistrate Buba Sawo who later moved the case to Banjul after he
held the view that he does not have jurisdiction to hear the case. On 6
August, Magistrate Imelda Mboto also ruled that her court could not try Fatou
owing to the fact that she does not have jurisdiction to hear the case. She
ruled that the matter should be heard by the Brikama Magistrates Court.. Fatou
never appeared at the Brikama Magistrates Court. The state decided to take the
matter to the High Court, but the reasons that precipitated this move are yet
to be established.
Fish Mongers Lament The Lack Of Access To International Market
By Amie Sanneh
Finance and lack of a marketing outlet are some of the problems affecting
the Fish Mongers at Tanji. In an interview with Foroyaa, Fatou Jatta a resident
of Brufut who deals in dry fish said she has been in the business for over
five years. According to her, their business is beset with many problems. She
said the processing of fish normally takes about five days. Giving a vivid
picture of how they process fish, she said when they buy the fish, they
normally remove the scales and the unwanted parts in the fish, wash it and then
sprinkle salt on it and leave it to dry for five days.
She said after it has been processed, it sometimes take over two months
before everything is sold. She said it sometimes get spoilt if it is not sold on
time. This according to her occasionally affects their business. She lamented
that they sometimes lose colossal sums of money.
“Sometimes before the fish get dry, people come for it, but at times it
eventually get spoilt, it is a tedious and difficult business,” she remarked.
She said members of her group normally sell dry fish in Tanji because they
do not have the means to go to other areas to sell their product. She was
however quick to point out that they sometimes ask two or three members of the
group to go to Serrekunda Market and sell the fish at a cheap price. According
to her, they resort to such actions if they stay for a long time without
getting a buyer. Jatou Secka who has been in the business for over 20 years, said
their market stops in The Gambia. She said they don’t export dried fish(
bonga) to Senegal because the Senegalese do not purchase it.. She said the
Senegalese want Barracuda .she said they (the fish mongers) do not have the means
to buy this type of fish.
Secka revealed that they used to have access to Barracuda. She said they
used to buy it from the fishermen .She said the middlemen buy stale fish from
the boat owners at a cheap price and in turn sell it to them at an expensive
price. She said the middlemen have made life difficult for them. According to
her, for their business to run smoothly, the middle men should concentrate on
buying fresh fish from the boat owners and allow them to buy stale fish from
the boat owners.
Mba Fili Sarr who has also been in the business for over 20 years, said
their main problem is money. She said without money, they would not be able to
have access to some basic things like salt, fish, knife, basins etc. Sarr said.
salt is expensive in The Gambia. She noted that people buy salt from Senegal
at cheap prices and sell it to them at higher rates, i.e. D250 per bag.
She said they want to have access to the international market.
Tanji Omar Jawo said he has been involved in the marketing of smoke fish
since 1992. He said smoking fish is a difficult exercise, noting that firewood
is expensive. He said it is sometimes difficult to have fish.
On the marketing aspect t, he said after processing the fish which takes
five days, the fish is packed in 200 containers each containing 1,000 fish. He
noted that at times it stays there for over a week before it can be
transported to their destinations in the country. He explained that they do take their
fish to the following markets for sale; Basse, Bansang and Brikamaba. He said
they normally appealed to drivers who go to Tanje to collect fresh fish to
take along their containers for them (fishmongers) and they would pay them. He
said if they don’t do that, their fish will be left there only to end up
getting spoilt. Mr Jawo said Guinean traders have capitalized on their ability
to access the international market,. He said Guinean traders buy the fish at
cheap prices from them and later take it to Guinea where they sell it a high
price. He said a container that contains 1,000 fish, is normally sold to them
at D350 or D400. He noted that the only choice they have is to sell the fish
at the aforesaid prices, otherwise their product might not be purchased and
that would be a lost to them. Jawo remarked that it would have been better for
them to transport it for themselves and sell it on their own terms.
“We really need to have containers at our disposal because sometimes we have
up to 300 containers waiting to be taken,” he said.
Jawo however called on the government and the private sector to come to
their aid by providing them with loans so that they can be able to buy vehicles
and export their product to Guinea and beyond.
Interview with Halifa Sallah
Part 13
Foroyaa: Can you explain the meaning of the I in the acronym PDOIS and how
you transmit its meaning to the average Gambian?
Halifa: The decision to establish PDOIS was preceded by extensive study of
the political and economic history of our country. We learned that the struggle
for self determination intensified in 1920 when people like Francis Small
realised that the revenue in the coffers of the colonialist did not drop from
the sky but was squeezed from the pockets of the colonised peoples in the form
of direct or indirect taxes. Under the monarchical colonial system taxation
was designed as means to express allegiance and pay tribute to the King or
Queen. In the case of self determination taxation had to be linked to the right
to have access to public services on equal terms with other tax payers. In
order to safeguard such rights taxation is linked to representation.
Independence therefore presupposes the existence of sovereign citizens who recognise
their ownership of national wealth and their power to determine who are to be
the custodians of such national wealth to ensure its utilisation to promote
their general welfare. This is the first pillar of National Independence. We
discovered that the people did not have any knowledge of the origin of
national wealth. This was worse among the farmers. We established a newspaper so
that we could do research and cover budget speeches so as to have information
which we translated in the local languages to raise the awareness of our people.
We showed the people how government derives money from them by imposing
import duties on sugar, flour, candles, matches, kola nuts, oil, cloth,
fertilizer and other items they use daily which are passed on to them by the importers
in adding the taxes to the retail prices of goods. We explained how drivers
pay motor vehicle taxes such as road tariffs, motor vehicle licenses etc; we
explained other sources of revenue such as income tax, driver’s licenses,
passport fees, fines and so on and so forth. We told the public how much was
collected each year and how it was being spent. We emphasized to them that a
transparent government would explain to them over the national radio how much is
being collected from them and how it is being utilised to promote their
welfare; that PDOIS aims to be such a government. We held the view that the
government did not promote the enlightenment of the people to make them sovereign.
One of the principal reasons for the inclusion of the ‘’I ‘’meaning
Independence in the acronym PDOIS is to underscore our determination to ensure and
consolidate the sovereignty of the people.
Foroyaa: Do you have more to say on the meaning of the I ?
Halifa: The second pillar for National Independence is the sovereignty of
the Republic. We examined the economic situation of the country and
acknowledged that we were neither self sufficient nor self reliant in food production
and were rather dependent on food aid after decades of formal Independence . We
examined the budget and realised that it had two components, the Recurrent
and the Development components. It became clear to us that since the
declaration of Independence the development component was mainly financed by foreign
loans and grants. To be precise 88 to 92 per cent of the development budget
has always been finance by foreign assistance. The indebtedness of the country
eroded its sovereignty as the government continued to bow down to external
conditionality. The second objective of PDOIS is to build a country which is
self reliant in food production and is so properly managed that aid would be a
supplement and not a substitute to self reliant and self determined
development. This is the second notion behind the I.
Foroyaa: Let us move to the controversial S. How do you explain its meaning
to the Gambian people?
Halifa: There is nothing controversial in what PDOIS has been propagating.
Some people prefer to ignore what we have been saying and invent their own
notions which they attribute to us. Democratic governments belong to the people.
The role of such governments is to promote the liberty, dignity and
prosperity of the people. How this is to be done should be the preoccupation of each
government and parties which aim to form a government. If Bill Gates can have
the conscience to use his private capital to fight poverty, I don’t know
what governments which are elected by the people to serve them are waiting for?
Foroyaa: Could you explain why you have S in the acronym PDOIS?
To be continued
In Lamin Jarju’s Impersonation Trial
Borry Touray Files Appeal
By Modou Jonga
Lawyer Borry S. Touray, counsel for Lamin Jarju who is standing trial for
allegedly posing himself as the village head of Babylon in the Kombo North, has
told the Brikama Magistrates Court that he has filed an appeal at the High
Court against a ruling that was handed down by the aforesaid Court.. The
appeal came in the wake of a ruling handed down by the Magistrates Court, which
states that the accused, Lamin Jarju has a case to answer on the charge
preferred against him by the State.
Lawyer Touray had submitted that a stay of proceeding is necessary pending
the outcome of the appeal. In his response to the application by the defence
counsel, Magistrate Mbai lamented that the move by the defence amounts to an
abuse of the judicial process. He later deferred the case to Tuesday 11
December 2007. It is expected that the High Court would hear the appeal next month.
Court Lacks Jurisdiction To Hear Case
Lawyer Darboe
By Modou Jonga
Defence Counsel Ousainou Darboe has told the Brikama Magistrate Court
presided over by Magistrate E.F M’bai, that the said court does not have
jurisdiction over offences that are committed outside The Gambia. Lawyer Darboe made
these remarks on Tuesday 20 November 2007 while making a submission on the
particulars of a criminal case against his client, Kemo Sarjo, who is jointly
charged with one Ebrima Bah.
According to lawyer Darboe, the particulars of the said count states that
Kemo Sarjo and Ebrima Bah on 22 September, 2007 at Barakisa village in the
Cassamance region obtained two cows valued at sixteen thousand dalasis (D16,000),
property of one Abdoulie Kujabi knowing or having reasons to believe such
property have been stolen.
Speaking further Lawyer Darboe lamented that the said court does not have
jurisdiction over offences committed in the Senegalese region of Cassamance.
The preferred offence was committed in Senegal, Lawyer Darboe posited. He urged
the court to strike out the case and his client be discharged.
Lawyer Darboe objected to count one which is also preferred against his
client. He lamented that the particulars of the offence of conspiracy is not in
line with section 368 of the Criminal Code.
In his ruling on the application by Lawyer Darboe, Magistrate M’bai noted
that the application on count two is granted, but reiterated that on count one,
the court is competent enough to try the accused persons on charge of
conspiracy.
According to the particulars of the first count, the accused persons jointly
conspired to commit felony contrary to Section 368 of the Criminal Code on
22 September, 2007 at Amdalai in the Kombo East.
Codex Committee For Action
By Ousman Sillah
The National CODEX Committee (NCC), constituted by the NaNA board under the
FOOD ACT 2005, at its regular monthly meeting of Tuesday 20 November, has
among other things reviewed and agreed on many pertinent issues including the
holding of a strategic planning workshop for members aimed at developing a Road
Map for the year 2008.
Taking cue from the FOOD ACT that came into force in 2005, the NCC’s mandate
is to design and undertake measures that are armed at ensuring that all food
products locally produced or processed as well as imported food stuff have
satisfied quality and safety standards for consumption both at home and
abroad. It has therefore established various Technical Committees charges with
specialized tasks under the purview of the Codex which promotes international
Food quality and safety standards. This strategic planning workshop is scheduled
to take place the first week of December 2007 to be facilitated by NaNA and
with funding from the National Authority Office Support Unit of the EC.
On the Codex Trust Fund 2008, Mr. Pa Modou Phall, Executive Director of NaNA
and also the Codex contact person (CCP), told the meeting that this is joint
fund instituted by FAO and WHO and that next year will its 4th years of
existence. He further explained that The Gambia has benefited from the fund twice
in 2004 and 2007, that in 2005 and 2006, The Gambia was not eligible due to
the lack of submission of reports from the previous meetings in which
delegated from the country attended. However, for this year, an application was
received very late but that is has been filed meeting were identified but only
three are considered as priority and are to funded, and they are on Fats and
Oils, Food hygiene and Food for labelling; that the other two namely food for
special dietary uses and pesticide residues will be considered for future
funding.
Mr. Phaal also informed the meeting that each year, around this time, a
circular is sent to all CCP’s and member countries to choose five meetings in the
order of priority; that the meetings identified are on (i) food Import and
Export certification systems, (ii) Food labeling, (iii) Food Additives and
contaminants (iv) Nutrition and Food for Special Dietary uses, (v) Food hygiene.
A feedback on the out come of the meeting of chairpersons of the various
Technical Committee was also given by Mr. Malang Fofana of NaNA and Secretary of
the NCC. He gave an outline of what the respective committees intended to do
in terms of making their work effective.
The chair of the NCC, Dr. Abdoulie Touray emphasized the need for Codex to
Communicate with consumers and policy makers. He said that Codex deals with
cross-cutting themes and is multi-sectoral; that the NCC is not an implementing
agency; that it is the government, private sector and civil society that
will work and ensure that food quality and standards were in place to protect
consumers. The meeting noted the importance of information dissemination to
equip consumers with the necessary knowledge that promotes healthy food
consumption lifestyles. It also advised against hasty conclusions that condemn a
particular food without any prior and thorough scientific research or laboratory
investigation. The issue of smoked fish being poorly processed was also
discussed. It was reported that a consignment of smoked fish being exported to UK
was returned to The Gambia after laboratory investigations discovered that
the food items contained toxic elements that are very harmful to human beings
consuming such food. This was reported to be the result of poor quality and
unsafe methods being applied in the process of smoking the fish as the
processors and said to be using plastic sheets and empty to smoke fish rather than
the traditional and more healthy firewood.
The issue of Aflotoxin in groundnuts was discussed and the committee agreed
to step up efforts sensitization. The situation of the lack of appropriate
and fully equipped laboratories in the country was also a cause for concern to
the NCC which plans to call on government, in particular and international
organisation to assist in thee establishment or upgrading and fully equipping
existing laboratories.
In a bid to fully sensitize the consumers on what the NCC is doing and ways
of how to adopt healthy food consumption lifestyles, the meeting unanimously
agreed to constitute a sub-committee on sensitization and advocacy. Comprise
all the media houses and related bodies who are represented in the NCC. The
meeting further tasked two of its members to facilitate in collaboration with
the NaNa Secretariat and inaugural meeting of all the media house
representatives to prepare a TOR.
Commit Company Limited Ready For Technology Business
By Annia Gaye
Ms. Haddijatou Scattred Janneh, the Marketing Managress of Commit Company
Limited, a Communication and Information Technology enterprise has told
journalists that her company is bridging the digital divide. He said they have the
best and most affordable products in the technology market.
Mrs. Janneh made this remark at a press conference held at their office on
Kairaba Avenue on Wednesday 21 November 2007. Ms. Janneh explained that Commit
is a company that is registered both in The Gambia and in United States and
is owned by Dr. Amadou Scattred Janneh. He said the company is dedicated to
the provision of high quality and affordable information and communication
technology products and services for customers in West Africa.. She told media
practitioners that Commit was officially opened in November 1, 2006;noting
that it has 23 seasoned professionals/staff members with backgrounds and
experiences that enable them to tap into an array of resources to meet their
customers needs.
She said Commit products include computers and computer components, laptops,
PDAs, Wireless technology products, mobile phones, CDMA phones, drop wires
and other electronic products. She further noted that they produce high
quality promotional materials such as interactive multimedia, CDs, DVDs and
printers. Mr. Rony Tabet, the overseas trading company distributor of Ricoh products
in West Africa, said Ricoh is distributed in The Gambia by Commit Enterprise
and said that for more than ten years they have been operating and have
introduced the high technology project in West Africa.
He said that there is a big competition in the world market, but Ricoh
Production Company decided to step in and do their best in terms of technology and
communication.
Police Chiefs On Tour
By Bubacarr K. Sowe
A delegation comprising various units of The Gambia Police Force on Monday,
November 19, began a nation-wide tour, visiting police stations across the
country. According to police spokesman, Inspector Sulayman Secka the delegation
included the deputy inspector general of Police Modou Gaye, Police Adviser
F.R.I Jammeh, Commissioner of Operation Famara Jallow, Officer in Charge of
Statistics ASP Ebou Njie, Officer in Charge of Criminal Record Office,
Superintendent Amie Nyassi, Officer in Charge of Child Welfare Inspector Yamudaw
Jagne and Officer in chare of community based policing Cadet ASP Sirreh Jabang.
The police spokesperson indicated that the purpose of the tour is to
familiarize the police chiefs with their colleagues on the ground across the
country.
Alleged Rapist Pleads Not Guilty
By Bubacarr K. Sowe & Fabakary B. Ceesay
A twenty seven year old Gambian residing in Banjul has pleaded not guilty to
a rape charge on Wednesday, November 21, at the Banjul Magistrate Court.
According to the charge sheet, the accused person on the 20 of November in
Banjul allegedly had carnal knowledge of an eleven-year-old girl without her
consent. The prosecutor, Inspector Yaya Touray applied for an n adjournment of
the case in order for him to call witnesses.
The trial Magistrate, B.Y Camara granted the accused person bail in the sum
of 25, 000 dalasis and the bond shall be signed by a Gambian surety who would
also swear to an affidavit. Counsel Lamin S. Camara is defending the accused
person.
Raid-The Gambia Holds National Consultative Forum On FCTC
By Sarjo Camara Singateh
“Tobacco has been a subject of intensive debate on the international health
agenda for quite too long” says Dr. Nestor Shivute, the World Health
Organisation Representative to the Gambia.. Dr. Shivute made this remark at a one-day
national consultative workshop on the WHO framework convention on tobacco
control organised by the African Network for Information and Action against
Drugs (RAID).
Dr. Shivute commended the government of the Gambia for ratifying the WHO
framework convention on Tobacco, without which it would not have been possible
to hold this very important meeting.
He said it had not only been a long way but a difficult journey in
establishing these facts associated with negative social, economic and political
implications due to tobacco use.
He stated that it is in response to this complex dilemma surrounding tobacco
use that the World Health Organisation has since 1998 been working very
closely with its 192 member states, international institutions and organizations
around the world to develop an all inclusive framework convention for tobacco
control.
He said this led to the formulation of the finest ever-international public
health treaty.
He stated that the Gambia was not only among the few countries that endorsed
it immediately after the World Health Assembly in 2003, but was among the
very committed countries that have ratified it.
Speaking at the meeting the Director of RAID-Gambia Mr. Sambujang Conteh
said after the ratification of the convention by the country on the 5th of June
2007, with the support of WHO and the State Department for Health, Raid-the
Gambia, has the opportunity to embark on an effective nation wide consultation
and sensitization on the framework convention on tobacco control.
He said the role of the community cannot be emphasised that they started the
consultation on June 27 and ended on 6th September 2007. He said they
targeted 1,260 people and at the end of the tour 1,534 participants took part in
the fora in 42 administrative meetings.
Speaking on behalf of the SoS for Health and Social Welfare, the Deputy
Permanent Secretary Mr. Sadou Janneh said the FCTC document and the consultative
report would enrich the final document that will be subsequently presented to
the National Assembly and other relevant stakeholders.
Deputizing for the speaker of the National Assembly, the majority leader,
Hon. Fabakary Tombong Jatta said the WHO FCTC has propelled tobacco control
into a new era as countries all over the world consider incorporating FCTC
policies and recommendation in their own laws. Hon Lamin F. Bojang speaker of the
Youth Parliament chaired the meeting.
FOCUS ON POLITICS
SANNA MANNEH VS THE STATE;
DR SAHO SOLD MENINGITIS DRUGS MEANT FOR DONATION; SAIHOU SABALLY AND MOMODOU
DIBBA ARE LIKE COLA NUTS; SAYS WITNESS
With Suwaibou Touray
We have been focusing on politics in this column. We have now successfully
covered the narration of significant political events in 1988. The objective
of the exercise is to help our young people to have an understanding of the
past so that it can help them take stock of it to shape the future.
So far the feedback we have been receiving from the general public is
encouraging. Many asked us to keep up the momentum; that not only do they enjoy
reading the past but are astounded by the revelations sending the message that
one should be careful when handling public office for one does not stay in
that office forever and that History is recording whatever ignoble misdeeds one
does to misrepresent the populace
We have commenced the narration of the verdict reached by Hon. Grante in his
judgment on the famous Libel case involving Editor Sanna Manneh versus the
State.
Let us continue from where we have stopped.
ON THE ALLEGATION OF DRUG SALE
As regards the allegation that during the meningitis Outbreak Dr. Saho sold
donated drugs meant for victims, Hon. Grante said Dr. Oldfield in his
evidence said that Medical and Health purchased these type of drugs from recognised
pharmaceutical companies in Europe but could not remember all purchases. The
magistrate said Dr.Oldfield also agreed that payment for drugs pass through
the Ministry of Finance, and that the Permanent Secretary, Ministry of Health
controlled the vote.
He went on to say that the accused said the person who gave him the
information about the sale of drugs and provided him with documents to support the
information told him that the sale of meningitis drugs was passed through the
Development Vote and he could not lay hands on the documents.
Follow the verbatim report.
The sale of drugs to government is a fact and Dr. Lamin Saho received
payment in 1986 September, but Kuglin who bought the drugs which was supposed to
have been donated did not receive the money all at once. What was Dr. Saho
doing with the money? Apparently that was never explained.
I find as a fact that Dr. Lamin Saho sold drugs to government for which he
was paid although according to the Chief Pharmacist’s letter, the drug was
supposed to have been a donation.
It is common knowledge that defamation is an injury to a man’s reputation,
and if people think the worse of him when they hear the truth about him, that
merely shows that his reputation has been reduced to its proper level.
As a result of my findings on both parts of count 3, I find the accused NOT
guilty on part 1 of count 3, and I acquit and discharge him in respect of
that part of the count. I also find him NOT guilty of part 2 of count 3, and I
acquit him in that part of the count.
I now turn to count 2, i.e. the charge against the accused dealing with
Landing Jallow Sonko. I set down below the alleged defamatory matter complained
of by the prosecution.
“LJ” who is one of Chief Brugais grand sons is our “ndoke” for which
reason we will restraint ourselves to say much about him. He too, however has to
be sacked from his post equally like his other corrupt friends (meaning
therefore that the said Landing Jallow Sonko like his corrupt cabinet colleagues
mentioned is guilty of acts of dishonesty incompatible with his office as
cabinet Minister of the government of the Republic of The Gambia.”
It is common ground that the publication of this piece of the said article
is not in dispute. An innuendo is a defamatory imputation whereby extrinsic
facts known to the reader import into the words some secondary meaning as an
addition to or alteration of their ordinary meaning see Rubber Improvement
Limited v Associated Newspaper Limited (1963) 107 Sol. J 356.
The first point for me to consider is whether the article complained of is
capable of the defamatory meaning assigned to it. To write and publish of a
man who is a Member of Parliament and a Cabinet Minister for that matter that “
He too has to be sacked from his post equally like his other corrupt friends
(emphasis mine) is in my view capable of defamatory meaning. The adverb “
equally” connotes the idea that the complainant i.e. Landing Jallow Sonko is
similarly as corrupt as his other friends. Infact the literal interpretation of
that phrase conveys the same meaning that the complainant is corrupt as his
other friends are. I feel that reasonable men to whom the publication was made
would be likely to understand it in a libelous sense.
Having as the presiding Magistrate found that the words are reasonably
capable of a defamatory meaning, it is again for me sitting also as the jury to
determine in the circumstances of the case whether they in fact bear such
meaning.
Reference to the complainant that he should be sacked from his post equally
like his other corrupt friends would in my opinion make a jury consider him
as “birds of the same feather flock together”, as his other corrupt friends
are. In my view to say of a politician and for that matter a Cabinet Minister
that he should be sacked from his post equally like his other corrupt friends
without giving any cogent reasons to justify the sacking is in my view one
of the gravest imputations that could be made of any man in public office.
When the accused was questioned why the complainant Landing Jallow Sonko
should be sacked, his reply was that because his other friends i.e. Saihou
Sabally and others are corrupt. He said he had reasons for saying so, but will
keep that to himself, and that he was not obliged to give reasons or disclose
why, although he had not stated specifically in his article that Landing Jallow
Sonko was corrupt. Furthermore as a journalist, he was entitled to his own
views that Landing Jallow Sonko should be sacked rightly or wrongly.
Perhaps at this stage I should ask myself whether the Defence provided any
justification that Landing Jallow Sonko is corrupt. Apart from the question
which was posed by the prosecution thus:
“Q. Are you saying that L J Sonko is corrupt?
A. No. I have not stated so in that article.”
There is no other reference pointing to the fact that the complainant is
corrupt. It is true that D W 5 Burama Njie, the driver in the Ministry of Local
Government and Lands gave evidence of the fact that he on one occasion
transported rhum palms from the compound of Landing Jallow Sonko at Cape Point to
the farm of Saihou Sabally at Nianiberie on the instructions of one Mr. King
who was his immediate boss, and that no fuel was supplied either by Saihou
Sabally or Landing Jallow Sonko in the transportation of the rhum palms. If this
is the instance that the Defendant would like to put across to the court of
Landing Jallow Sonko being corrupt this court is unable to accept it as there
was no evidence before this court that it was Landing Jallow Sonko who
instructed the driver to transport the rhum palms from his compound to Saihou
Sabally’s farm.
In the circumstances of this case, I hold that the words complained of are
defamatory and libelous in nature. I therefore find the accused guilty on
count 2 and convict him accordingly.
I now proceed to consider Count 1. This count relates to Minister Saihou
Sabally and his dubious rice dealing with the General Manager of the Gambia
co-operative Union, Momodou M. Dibba and the ugly connections they are in.
I think it is pertinent to recall that the onus of proving that the article
was defamatory rests with the prosecution as is amply provided for in section
20(2) of the Republican Constitution of the Gambia and no other authorities,
as it is the Supreme Law governing this country.
The evidence of Saihou Sabally denied that he had been involved in any
dubious rice dealing with Mr. Momodou Dibba, and also that he had been involved in
any ugly connections with Dibba.
I must here say that no mention was made of his brother “Sainey Sabally”
the man whom Mr. Dibba had been giving refunds. Throughout the proceedings the
prosecution did not call the man who had been dealing with rice from the
Gambia Co-operative Union. When Bakary Sabally i.e. P W 5 was asked about his
brother Sainey, he told this court that Sainey Sabally was out of the
jurisdiction. It would have considerably helped this court if Sainey had been called as
a witness so that he would deny that he was doing things for and on behalf
of Saihou Sabally his brother. However, this court will have to go by the
evidence before it.
The relationship between Saihou Sabally and Momodou Dibba has been described
as follows: “We are friends but not close friends”: “I know Dibba very well”
: “I know Saihou Sabally but we are not close friends. We are friends”: and
finally “Saihou Sabally and Momodou Dibba are like Kola-nuts” meaning that
they are inseparable.
Much has been disclosed at the trial, and at the same time much more has
been suppressed both by Saihou Sabally and Momodou Dibba. When these two
witnesses did not want to expose themselves or give the true and correct answers,
they would either say, “ I don’t know”, or “I can’t remember”.
See next edition of Focus as we complete the narration of one of the most
sensational trials of Gambia’s Political history.
MARRIAGE AND FAMILY
‘TUMAL’ (ACCUSATION)
At The Office
There is a scandal. Victor’s CEO, Mr. Peters is accused of impregnating his
younger brother’s wife. The younger brother Samuel is going mad. He came to
the office hauling insults at everybody. He threatened to kill his brother
Daniel. Fortunately, Dan was not in. Victor was furious. “Dan is evil and
vicious. How can he impregnate Sam’s wife? With his strings of women of all sizes,
race and colour, is he still not satisfied?” “He had a penchant for married
women.” Chernor chorused. “This is wrong. It is undone!” “Don’t raise your
voice! He is in his office.” Aminata cautioned. “I don’t want to lose my
job. “She said. “I don’t care. Someone has to tell him what is right if he does
not know or knows but not care. I have to keep on shouting until he cares
and behaves himself. He is virulent.” Victor said. Dan came out from his office
and shook his head. He heard Victor’s outbursts but decided to ignore him.
He called his driver Peter to take him to the bank.
At Home
Victor went home very stressed. He is pissed off by his CEO’s rowdy life. He
met his daughter alone in his sitting room. His house help Ellen was not
around. His bedroom was locked but he heard funny noises coming from the room.
He put down his daughter and peeped through the keyhole. He observed some
nay-thematic movements. “What!” he exclaimed. He thought he saw his wife with a
man on his matrimonial bed. He went for the plier.
The Sugar Daddy Runs for His Life
Daniel was involved. He took the back door and ran for his life.
Victor Breaks The Door
Victor broke the door and entered his bedroom. He searched the jumbled up
bed and saw his wife’s clothes littered around. He made a conclusion.
Ellen Enters
Ellen, the house help came in looking innocent. She lied against her
mistress. “Where were you, leaving Emma all alone in the sitting room, is that safe?”
“I was tidying up the backyard but madam was around with your boss, Uncle
Dan.” Out of frustration Victor hit Ellen and cursed her. “Take the baby and
give her food. You damn fool!” Ellen took baby Emma and went inside the room.
Victor Suspects His Wife
“So it is true! This woman is evil. It is in their clan. They are
promiscuous. My parents warned me. I would not listen. “If you marry her you will share
her with other men.” I was warned. Emy have made mockery of our marriage.
She have soiled lesson of her life.
Emily Enters
Emily entered looking very innocent. She hugged her sweet heart. What did
she receive? The beating of her life. She was severely battered. She was given
no chance to explain. She went into coma with broken jaw and arms. Ellen
cried for help. A neighbor drove Emily to hospital.
Hospitalized
Immediately, Emily was admitted at the intensive care unit. She was taken to
the operating theatre to have her arms and jaw fixed. Her daddy demanded for
a doctor’s report to sue Victor. “He wants to kill my only daughter. I have
to teach him the lesson of his life.” Aunty Jos was more cautions. “Take it
easy prof. An issue is involved. Thank God! Our daughter is alive.” “Alive
but with broken bones. Victor should not go Scott-free. I’ll not allow it!”
Dad was firm.
Asks For Her Daughter
As soon as Emily regained consciousness she demanded for her daughter. “
Mama, where is my daughter? I want her right here. I missed her.” “Okay! We will
bring her next visit.” They calmed her down.
The Fight
Victor’s pride was wounded. He went to his office to confront his boss. He
found Dan speaking to the rest of staff. He sprang at Dan and assaulted him.
The rest of the staff separated them. “You are fired! You are mad! Never enter
my workplace again!” Dan warned. “Nonsense! Womanizer! I’ll kill you!”
Victor threatened. He left the office. Dan was shocked.
At The Village
Victor reported the incident to his parents. “We warned you! You would not
listen! They are a cursed clan. Their women are beautiful but promiscuous. If
you marry them you share them with other men. Take it easy. You were told.”
Aunty Ebi emphasised. Daddy Peter showed more understanding. “It is not time
to accustom blame, let us help him out of his misery.” “What are you going to
do with Emma?” Daddy asked. “I want my daughter to be reared in the
village. I don’t want her raised up by that harlot of a mother.” “That is right. I’
ll take good care of my grand daughter. You are my only son. I’ll happily do
that for you.” “Thank you mum. I am grateful.” Victor hugged his mother.
A Family Meeting
The two families met and discussed the issue. There were accusations and
counter accusations. They threw tirades and angry invectives against each other.
They almost went into blows. “Your daughter threw her legs to plies!”
Victor hauled at his in-laws. “It’s a lie. My daughter is decent and virtuous.
She can’t do that.” Professor defended his daughter. “She did it. My son
caught her pants down in the act on her matrimonial bed. This is an abomination.
It is sacrilegious.” Uncle Peter chorused. “Emily denied any wrong doing and
I believe my nephew.” Put in Uncle Charles. The in-laws were at each other’s
throat. They left without reaching to any conclusion. The meeting took place
at Victor’s house.”
Emily Travels Abroad
Prof, Emily’s father has connections worldwide. He contacted his friends at
Howard and Emily was secured a place. He announced the good news to Emily at
her hospital bed. She spent six months in hospital. “You are going to Howard
as soon as you are out of hospital. Your visa has been secured.” “What! Are
you kidding me?” “No! My daughter, your dad is right. Victor doesn’t deserve
you. Forget about him. He is vicious and a brute.” Aunty Jos chorused. “What
about my daughter? I cannot leave without my daughter.” Emily argued. Her
parents winked at each other. “Your daughter! It is going to be hard to get
her. She is taken to Victor’s mum at the village. She is your daughter. No one
can erase that fact. Someday she will know the truth. Trust me!” Mama argued.
Emily cried her heart out. “Oh Victor! God will judge between us. ‘Tumal’! I
am innocent! I have done nothing wrong. He refused to hear my version. He
accused me and took it as the truth and the only truth.” Emily cried. Mama
consoled her while Prof expressed sadness. The ‘old couples’ loved and adore
their only daughter. She is the family’s diamond. Prof believe her daughter. “
One day the mystery will be revealed.” He consoled himself.
To be cont’d.
Health and Nutrition Bantaba
The Need For Food
By Yaya Bajo
Food contains nutrients, which are essential to the health and well being of
human beings. The food we eat is broken down in the body into a number of
important constituents, which are absorbed and circulated in the blood to the
various organs that need the nutrients. If we do not eat good food in the
right amounts then some of these nutrients will be missing, and their continued
absence in the body may lead to clinical symptoms, which could be disastrous,
if there is no intervention.
However, the need for adequate protein and energy content in food, the roles
of vitamins, minerals and hormones and their association with various
diseases have led to the recognition of nutrition as a science that has to be taken
into consideration by all and sundry. Indeed, even in early times people
appreciated the value of good food in relation to health and they knew that lack
of balanced diet could be the cause of some major diseases.
A Balance Diet
The quality and quantity of the food we eat is extremely important. Food
provides the body with the necessary materials needed for a healthy and active
life. The food is burnt in the body to supply energy for keeping the body
alive and warm. It is also converted into new cells, which replace the old, and
worn out ones. In view of this, if inadequate food is eaten, one becomes weak
and tired. If, on the other hand, excess food is consumed, the excess is
converted into fat and stored underneath the skin or converted into glycogen (a
reserved form of sugar) and stored in the liver.
Thus, life is a dynamic process; everyday humans do work and the body
tissues are thereby constantly broken down and rebuilt. It is food that supplies
the materials for this rebuilding and repair processes. In addition, bones and
tissues are made up of proteins and minerals and these substances, which are
present in food, are needed for their development. These substances should be
supplied in a balance diet. In the simplest terms, a balance diet is one,
which contains all the essential nutrients (proteins, vitamins, minerals, fat
and oils, carbohydrates and water) taken in the right proportion at a sitting.
A balanced diet has to do with quality food and not necessarily quantity.
Unfortunately, in many societies, emphasis is placed on the quantity of food
eaten, not the quality. Consequently, the culture looks favourably on obeys and
overweight individuals, taking them for being very healthy people.
The Choice of Food
The choice of what food to eat is governed by several factors, such as
availability, food habits, population pressure and economic level. Of all the
determining factors availability is the most important.
Cultural influences
The big problem in most places is how to get facts about nutrition to the
public. One needs to recognize the fact that some habits are strongly related
to socio-cultural patterns and beliefs. For instance children are not allowed
to eat eggs and sometimes meat for the fear that they may turn out to be
thieves and a host of other reasons.
Social status and advertisements have also influenced eating habits a great
deal. Those in the higher income group prefer not to eat common food taken
regularly by those in the low-income groups. People are encouraged to eat
calorie-empty food items, which are incorrectly advertised in the media as
energy-packed foods.
Basic Functions of Food
The major functions of food are:
- To supply fuel (energy) for the body’s internal and external
activities.
- To supply key nutrients such as protein, minerals and vitamins
for body protection, growth and repair.
- To fulfill psychological needs.
- Socialization: food can be used as a vehicle of socialization.
Whenever, there is a gathering or meeting and food is served it helps the
participants to get to know one another, and the exchange of food helps to
promote and consolidate friendship.
PRO-PAG/SPACO Develop Advocacy Strategy For The Gambia
The Pro-Poor Advocacy Group and SPACO has developed the MDG/PRSP advocacy
strategy for the Gambia 2007. It is envisaged that the attempt to develop this
strategy and establishing further guidelines on the MDG/PRSP process would
further strengthen the principle of country ownership and good practices which
were already evident in the type of support and engagement by UNDP and other
development partners. It is also envisaged that this strategy will simply
provide directions to a broad range of stakeholder’s involvement.
The research on the advocacy strategy document was funded by the UNDP which
produced a draft document outlining the history of PRSP/MDGs, the progress
made towards the achievement of MDGs in the Gambia, challenges and gaps towards
the achievement, advocacy strategy, monitoring and Evaluation, outcomes and
impacts as well as indicators and measurements.
According to the introduction of the draft document, poverty reduction is
central to the Gambia’s national development process as key development and
economic indicators suggest that poverty is not only spreading but also
deepening. So it is the finding of the researchers that as the country grapples with
the need to prioritize poverty reduction and mobilize its partners towards
National goals of poverty reduction and re-aligning development policy to
capture the MDGs (Millennium Development Goals in its Poverty Reduction Strategy
Paper, it becomes all the more a necessity rather than a choice. This is why
they said it is required that proposing policy responses, planning and
executing poverty reduction actions should be participatory given the multi
dimensional nature of poverty and the many fronts the fight against poverty has to be
waged. The workshop also felt that to galvanize development partners,
CSOs(civil society organizations) and the public to own the development process;
meaningful consultations and discussions need to be staged on the major
poverty-related policies of the country.
The document also highlights the fact that citizens and stakeholders’
engagement in the poverty reduction strategy dialogue and information sharing
between government and various players, which increases transparency in
governance, accountability in public actions and expenditure.
It has been noticed by researchers that development interventions by
government, partners and other actors have still not been streamlined to deliver on
the PRSP. It went on to show that since PRSP II is largely MDG-based, and
since the MDGs are even less well known than PRSP; then a national awareness
process is required to build knowledge and ownership of these key development
and poverty reduction frameworks.
The need to strengthen and link PRSP II and MDGs and other national policy
documents such as vision 2020 is also greatly felt by the workshop so as to
enable all players to link their requirements to deliver on the MDGs/PRSP II.
The Pro-Poor Advocacy Group and SPACO research highlighted that both PRSP and
MDGs represent an international agenda to improve lives and livelihoods of
the millions of poor people of the world who live in object poverty and without
access to the most basic services and amenities that guarantees a decent
living.
It will be interesting to learn that the PRSP is what the researchers called
a complete paradigm shift in Aid relationship between the international
donor community and the Highly indebted Poor Countries (HIPC). But as it said the
PRSP process was initially intended as one of the conditions for HIPC
decision and completion points for debt relief. What has happened the paper said is
that the focus became wider as it gradually came to be seen as the
development blue print for all HIPC and a means for aligning donor support to country
priorities within ultimate goals of qualifying for General Budget Support
(GBS) and directing resources and efforts that will have desired impacts on
poverty levels in a country.
The Pro-PAG and SPACO draft on MDG/PRSP Advocacy and dissemination strategy
for the Gambia went on to acknowledge that in recognition of the enormous
challenge of global poverty, the international development community adopted the
MDGs at the turn of the Millennium, in September 2000; that world leaders
from 189 nations across the world agreed and signed the UN Millennium
Declaration, which bound them to an ambitious global project to decisively reduce
extreme poverty in all its key dimensions.
The declaration they say sets the agenda for the new millennium to fight
against the abject poverty and the inequalities that continue to afflict so many
of the world’s people. This is why the paper said; the MDGs that derive from
this declaration provide an agenda for global action.
The MDGs the paper said are seen to be the most elaborate commitment world
leaders have made towards eradicating poverty and bring about development and
greater well being to the vast majority of people around the world.
Progress Towards The Achievement of MDGs In The Gambia
The draft document’s findings showed that since the year 2000, the Gambia
made strides in assessing the status of the MDGs. It cited the 2003 National
Assessment and achievements as summed up at the year as thus; that the analysis
of the eight MDGs reveals that The Gambia is currently on target to achieve
three of the principal goals and targets, and potentially able to reach
another two; that specifically, the country is on track to meet the target set for
hunger reduction, basic amenities and maternal health and potentially meet
the goals set for universal primary education and environmental sustainability.
Despite these encouraging projections, the Gambia, under the current trends,
according to the document, will not meet the goals and target set for
reducing the incidence of extreme poverty, gender equality, child mortality and
HIV/Aids infections. Attaining the MDGs in The Gambia, the paper suggests,
requires urgent and sustained attention by Government geared towards addressing a
range of factors, constraints and risks in order to enhance and reinforce the
Government’s current national development efforts.
Challenges And Gaps
Towards Achievements
of MDGs
According to reports and assessment of both the Government and Civil
Society, some gaps exist in the extent to which government policy and development
implementation have been aligned to achieve the Millennium Development Goals.
This the document said is also true of civil society in its broad sense: NGOs,
CBOs and FBOs. The Civil Society organisation-MDG report indicates the
following such gaps.
Advocacy Strategy
The rationale for an advocacy strategy.
It is the opinion of the researchers that promoting the understanding and
the use of the PRSP and MDG in development planning at both national and local
levels is critical for poverty reduction in The Gambia. For any advocacy, the
paper says, awareness campaign and dissemination strategy to work, factual
and relevant information should under pin it. According to them, information
confers knowledge and knowledge empowers citizens to be better poised to
participate in development process. It is also the opinion of the researchers that
the PRSP (a medium term instrument) feeds directly into the longer-term
objectives of the MDGs. The hypothesis is that if the low implementation rate of
the first PRSP (25%) was attributed among other things to, i.e. lack of
resources, then a general lack of knowledge of the MDGs has been alleged for the
slow pace of progress in achieving the MDGs across the country.
So as the document highlights, the general lack of awareness PRSP/MDGs, i.e
in state, non-state actors and the general public and the resultant “elite
capture” is what Advocacy strategy seeks to change. It is also envisaged that
once people are aware of the thrust of the PRSP and MDGs, they would own it
and participate meaningfully in their implementation and monitoring process. It
has been cited that the allocation levels towards achieving PRSP/MDGs in
both recurrent and development budgets are inadequate. The strategy the paper
said seeks to identify individuals, groups and institutions with the needed
clout and power to influence the decision-making and allocation processes.
Researchers also cited the general lack of information sharing framework,
coordination and synergy between state and non-state actors. The goals and
objectives of Advocacy have two broad goals and a set of four objectives, i.e.
(i) increase awareness of PRSP/MDGs by all sectors and levels of Government,
private sector, civil society and the general public.(2) increased awareness
about public expenditure vis-à-vis MDGs/PRSP by all sectors and levels of
government, private sector, civil society and the general citizenry.
Objectives Of Advocacy Strategy
The objectives are:
1. To fill the knowledge gaps and create awareness of the PRSP and
MDG among key stakeholders
2. To foster ownership of MDG/PRSP related intervention at national
and community levels.
The strategy also identifies who and what to seek to influence, advocacy
tools and what approaches to take, such as Drama and Simulation exercises,
multimedia sensitization, TV, Radio and Print Media etc.
OMAR NDOW’S TRIAL
Lawyer Tambedou Urges Court To Deliver Ruling
By Fabakary B. Ceesay & Bubacarr Sowe
The economic crime case involving Omar Ndow,a former Managing Director of
GAMTEL, and the state could not proceed as the prosecution failed to appear in
court to make its address on the “no case submission” filed by the defence
counsel.
Holding brief for prosecutor ASP Bojang, Corporal Sanyang told the court
that the prosecutor in the case has been transferred to Kanifing Division. The
Corporal added that he was informed by ASP Bojang that he would be on his way
to the court. Magistrate B.Y Camara then stood down the case for thirty
minutes to enable ASP Bojang to appear in person. However, ASP Bojang could not
make it until the thirty minutes elapsed. The defence counsel Sheriff M.
Tambedou urged the court to deliver ruling on the matter as the prosecution failed
to appear on two occasions. Principal Magistrate Camra ruled that he would
give the prosecution another opportunity to appear and that he did not write
the ruling on the matter. He vowed to deliver his ruling on Monday 26th
November. ASP Bojang appeared twenty minutes after the matter was adjourned.
Readers could recalled that defence counsel Tambedou had filed a “no case to
answer submission” on behalf of his client, Mr. Omar Ndow. ASP Bojang
applied for an adjournment to enable him to address the court on the “no case to
answer submission”, but failed to appear on two occasions.
In Ex-Permanent Secretaries Trial
Some Funds Recovered
By Bubacarr K. Sowe & Fabakary B. Ceesay
Some of the alleged missing funds under Dr. Badara Loum and Suruwa Jaiteh,
ex-permanent secretaries at the Department of State for Agriculture had been
recovered, said prosecutors on Wednesday.
A.S Umar told the High Court that they understood some of the missing funds
that led to the charging of the duo are being recovered .He applied for more
time from the court to enable him to find out the amount recovered so far.
The presiding judge, Justice Mabel Maame Yamoa granted the application and
adjourned the trial till the 5 of December.
Dr. Loum and Mr. Jaiteh as Permanent Secretaries of DOSA, according to the
charge sheet, between April 2005 and December 2006, being entrusted with the
responsibility of distributing and selling 47, 775 metric tons of NPK
fertilizer and 2,229 metric tons of Urea fertilizer valued at D51, 480,100, they
willfully or by omission or recklessly handled and thereby caused losses to the
government of the Gambia to the tune of D6, 349,845.
Alleged Senegalese Insurgents Trial
Court Admits Statements
By Fabakary B. Ceesay and Bubacarr K. Sowe
The Banjul Magistrates Court presided over by magistrate BY Camara has on
wednesday admitted the voluntary statements of the two alleged Senegalese
insurgents namely, Sidat Jarju and Ebrima Colley, who are standing trial at the
Banjul Magistrates for possessing the Gambia\s national identity cards and
planning to attack the Republic of Senegal.
The Court admitted the statements after it entered in to a mini trial to
test whether the statements of the accused persons were obtained voluntarily or
otherwise. Readers could recall that the two accused persons had objected to
the tendering of their voluntary statements by the prosecutor which prompted
the court to go for a trial within trial. .
Delivering his ruling, the trial Magistrate said the reason for a mini trial
is to establish whether a statements is obtained freely or under threat or
harassment. He said the prosecution had a responsibility to prove their case
beyond reasonable doubt that the statements were obtained without inducement
or threat. Magistrate Camara said the court has the credit to weigh both
evidences adduced by the prosecution and the defence. Principal Magistrate Camara
said the prosecution has called three witnesses to prove their case against
the duo. He said the prosecution\s witnesses include NIA officer Lang Barrow
Sanneh and Salifu Nyang a police officer at Kairaba Station, who obtained the
statements and Tijan Bah an independent witness. Magistrate Camara asserted
that the statements of the three witnesses corroborated each other, that there
was no threat, inducement or harassment when Sidat Jarju and Ebrima Colley
were making their voluntary statements. He added that during
cross-examination, the three prosecution witnesses categorically denied that the accused
persons were maltreated in order to obtain statements from them. He said that
Ebrima Colley and Sidat Jarju both denied setting their eyes on the independent
witness Tijan Bah; that they only saw him when he appeared in court. This he
said was rejected by Tijan Bah who maintained that he was present when Sidat
and Ebrima were making statements. B.Y Camara indicated that Sidat Jarju also
gave evidence before the court that he was tortured and dictated to make his
statement by Idrisa Jobe. Camara noted that Sidat alleged that he was
stripped naked and beaten. Magistrate Camara ruled that the court could not
establish the allegations against Idrisa Jobe because Idrisa Jobe has not appeared
before the court to give evidence. Magistrate Camara pointed out that Ebrima
Colley also alleged that he was beaten and that he sustained injuries; that his
shirt was stained with blood. He said there is no evidence before the court
to prove the allegation.. Camara indicated that Ebrima showed the court scars
on his body which were allegedly inflicted on him through torture by Idrisa
Jobe. He added that Idrisa Jobe was not before the court as a witness. Camara
noted that during cross-examination, Ebrima Colley said there are other
scars on him which are different from the ones he sustained from the beatings
meted out on him by Idrisa Jobe.
Magistrate Camara said, “at the end of the trial, both the prosecution and
defence addressed the court and they were both scrutinized. It is a cardinal
principle of law that he who avers must prove. There is no evidence that the
statements were made involuntarily. The statements are here by admitted and
marked as exhibit P3A and P4B.”The magistrate said.
Scorpions to Know 2010 Opponent Sunday
By Modou Nyang
The draw for the 2010 World Cup will be held on Sunday in Durban, South
Africa. The Scorpions having missed out in a place in next January’s African
Nations Cup in Ghana, will know their opponent for the second preliminary round
of the World Cup.
The Scorpions who due to their improved position in the FIFA rankings did
not play in the pre-preliminary matches last month between ten of the lowest
ranked countries in Africa. All 53 countries entered for the 2010 World Cup to
held in Africa for the first time.
Gambia has never progressed to the group stage of a World Cup qualifying
campaign and there is high hope this time around that the Scorpions will prove
nut to crack in the battle for the five places up for taking in the African
qualifying zone.
Having reached two World Cups in the junior categories (Under 17 and Under
20) in the past two years and the comparative good performance of the
Scorpions in the Ghana 2008 qualifying rounds; there is high hope within the Gambian
public for the country to feature in the Group stages of the qualifiers where
a place for the African Nations Cup in 2010 will also be on the cards.
Sunday’s draw will see Asia’s groups drawn first, followed by those in the
Concacaf region, Europe and then Africa. There is no draw for South America
and the Oceania region, who have already started their preliminary competition.
West and Brikama Reach Semis Following Draw
By Sulayman Bah and Lamin Komma
Serrekunda West joined Brikama to qualify for the semifinals of the Super
Nawettan from Group B, after sharing the spoils in a 1-1 draw at the East
grounds.
Serrekunda West who needed a point from the game in order to join Brikama
who had already secured a place in the last four took the lead in the 63rd
minute through substitute Saikou Gassama. Gassama was on hand to do the simple
job of tapping when the impressive Modou Sarr broke from the left and delivered
a well timed cross.
West showed their best form so far since the start of the competition but
Brikama approached the match with little importance having rested star players
Abdou Darboe, Sheriff Samba and the brilliant Lamin Findi Jammeh.
West enjoyed most of the goal scoring chances and could have been in control
since in the first half. Top striker Ebrima Drammeh was clear in the 7th
minute but failed to control properly. The pressure for goal by Serrekunda West
continued and Alagie Barker twice went close but his deliveries in the last
touch failed to materialise.
And Brikama’s goalkeeper Fadal Nyang produced man of the match winning saves
as he stood strong to deny the Westerners. Nyang was on hand to prevent
Baker from breaking the deadlock when he timed properly to block West’s midfield
playmaker.
But when Gassama scored a little after the hour mark, Brikama responded with
double substitutions and the tactic paid off with the equaliser in the 84th m
inute. Abdoulie Bojang powered a low drive to restore terms for Brikama when
the West defence failed
The other match between Gunjur and Lamin was rendered meaningless as both
teams went out of the competition. Gunjur went into the game with the
possibility of qualifying for the semifinal if they had won with three clear goals.
And the Kombo South outfit went all out for it scoring in the 6th minute of the
first half through Banuha Barrow. But Lamin level in the 11th and Gunjur
restored their lead three minutes later through Momodou Jatta.
In the second period Gunjur tried to kill the match with their goal but
Barrow twice failed to beat the Lamin keeper on a one-on-one situation. But Lamin
proved stubborn and reluctant to allow Gunjur reach the last four of the
competition for the first time. And in the 60th minute Omar Colley levelled from
the penalty spot and sent both teams packing.
Brikama and Banjul Open S/Nawettan Semis
By Modou Nyang
Brikama will face Banjul in the first semifinal of the Super Nawettan
championship tomorrow at the Serrekunda East grounds.
Brikama will face a tough challenge from Banjul who are certain to be all
out to avenge last year’s 4-0 humiliating defeat at the hands of Brikama.
Brikama has reached the semifinal without a single defeat in Group B having
finished top of the group on 7 points, Whilst Banjul finished second in Group A
behind Bakau winning one match and drawing two.
Banjul has a lot of talent at their disposal and as team coach “Luke” said
they have a problem of making the team tick together as a unit. But with the
knowledge that Brikama has the services of former international player
Sheriff Samba together with Armed Forces star Abdou Darboe and Lamin Findi Jammeh,
the City Boys must act together if they are to realize their objectives.
5 Day Training for Sports Administrators
By Isatou Bittaye
A five-day sports administration program for head of sporting associations
will be held from Monday 26th to Friday 30th.
The program to be organised by the Gambia National Olympic Committee will be
staged at the Olympic committee’s headquarters in Mile 7. The program aimed
at developing the management skills of the leaders of national sporting
association in the country.
The program is held twice every year and the program directors will be drawn
from trainers recognised by the International Olympic Committee.
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