Foroyaa Newspaper Burning Issue
Issue No.106/2006, 29-30 November, 2006
Editorial
Freedom Of Expression Cannot Be Suppressed
The fundamental right of freedom of expression cannot be suppressed. This
fundamental rights is enshrined in our constitution and contained in many
international instruments such as the UN Declaration on Human Rights and the
African charter on Human and Peoples’ Rights.
Section 25, subsection (1) of the Constitution states unequivocally “Every
person shall have the right to- (a) freedom of speech and expression, which
shall include freedom of the press and other media;”
Article 19 of Universal Declaration on Human rights also states: “Everyone
has the right to freedom of opinion and expression, this rights includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.”
In this day and age no amount of intimidation arrest, torture, threats,
blackmail, draconian law etc can suppress the people’s freedom to express
themselves. Such developments can only undermine the image of a country.
For example, of what use was it to murder Deyda Hydara? It only tarnished
the image of the country. It could not stop The Point from operating.
On the contrary, it has enhanced its image internationally as exemplified by
the award the paper has been offered.
The same goes to the GPU President, Mr. Madi Ceesay, who recently received
an international award subsequent to his arrest and detention this year.
The arrests and detention of journalists in this country has been the focus
of the attention of not only NGOs and governments but also the Human Rights
Commission which has its headquarters in Banjul. The Special Rapporteur to the
Commission on Freedom of Expression has a poor impression of developments
relating to Freedom of Expression and is disappointed that the government has
not responded to her concerns.
Secretary of State for Information is trained professionally. Our
expectation is for her to use her professional experience to advice the President and
not to merely follow what he says.
Mass Arrest At Forestry
By Yaya Dampha
Confirmed reports from the Brikama Forestry Camp informed this reporter that
the Divisional Forestry Officer and some member of staff were arrested last
week by officials of the National Intelligence Agency. The report further
stated that the two sons of the Alkalo of Sifoe were also arrested.
The officers said to have been arrested are Mr. Muhamed Jaiteh divisional
Forestry Officer, Alhagie Bundung Leigh, Faburama Sanyang, Omar Sidebeh, Pa
Demba Jeng, Kebba Faal (a driver), Ndey Fatou Demba (a Secretary), Sackou Jassey
(a watchman), Jerrey Demba (a son of Sifoe’s Alkalo) Amadou Demba (son of
Sifoe’s Alkalo).
According to the report, some other forestry officers were arrested on
tuseday last week while the Divisional Forestry Officer was said to be in
Zigumchor with the Governor of Western Division. The report added that when the
Divisional Forestry Officer returned on Thursday he was also called to his
headquarters where he was later arrested and taken to the NIA. He is said to be
still detained. Messrs Kebba Faal Saikou Jassey and Ndey Fatou Demba were said to
have been questioned and letter released. Messrs Amadou Demba and Jerrey
Demba (the sons of Sifoe’s Alkalo) were also arrested and later released.
When this reporter visited the forestry offices in Bondali and Brikama, the
officials confirmed the arrest and detention of their co-workers, but they
could not tell why they were arrested. The office in Brikama was almost empty
when this reporter visited it. On Friday, an officer who was in Bondali went
to take over the office at Brikama where almost everyone was arrested.
An official at the NIA confirmed the arrests of the DFO and his staff. The
official said the officers were engaged in illegal issuing of forestry
licences and illegal dealings in wood to wood dealers. An official at the forestry
headquarters confirmed the arrests and detention of the workers.
However, the official have been arrested and detained for more than one week
and are yet to be charged or taken before a court of law as required by the
constitution. Their family members are presently worried over the continued
detention of their loved ones.
Freedom Of Expression Rapporteur Appeals To Gambia
By Fabakary B Ceesay
The special rapporteur on Freedom of Expression in Africa, under the African
Commission on Human and People’s Right (ACHPR), Commissioner Pansy TTakala,
has indicated in her report to the commission that she had sent an appeal to
the Government of The Gambia in June, in which she brought to the attention
of the Government concerns relating to the detention of three Gambian
journalists.
In her appeal to The Gambia Government, she recalled The Gambia’s
obligations under the applicable standards of international human rights law and
requested information from the government on the specific charges, if any that had
been brought against the three individuals, as well as any information
relevant to these cases that the government wished to provide her with. This
special rapporteur regrets that, at the time of writing the report, she was yet to
receive any response from the Government of The Gambia.
These sentiments were included in her special report to the 40th ordinary
session of the Commission that is being held in Banjul from 15th – 29th
November 2006. According to the report, the three journalist are, Pa Modou Faal, who
worked for the state-owned Gambia Radio and television Service (GRTS), Mr.
Musa Sheriff a reporter for the Independent Magazine, Gambia News and Report
and Mr. Malick Mboob, a former Daily Observer journalist. According to the
report, the special rapporteur had been informed that the trio were arrested and
detained at the National Intelligence Agency (NIA) headquarters, on 26th May
2006, as part of a crackdown on the U.S based new site Freedom Newspaper.
The report indicated that they were arrested after their names and addresses
appeared on a list of alleged Freedom Newspaper contributors that was
circulated on an email list hosted by the private Gambia post web site and reprinted
in the Daily Observer. On the 25th May 2006, the Police reportedly summoned
everyone who appeared on the list, which identified local journalists an exiled
Gambians, as well as government employees who allegedly served as sources
for the Freedom Newspaper. While she was informed that Pa Modou Faal and Musa
Sheriff were released on 30th May 2006 without charge, the rapporteur learned
that Malick Mboob remained in NIA custody for a long time. The special
rapporteur also addressed the situation of Mr. Lamin Cham, a local journalist
working for the BBC, who was reportedly arrested on the 30th May 2006 by Gambian
Security Officers. Although his name has not reportedly featured on the above
mentioned list, it was believed that Mr. Cham, former Editor of the Daily
Observer, was also taken for questioning in connection with the crackdown.
The special rapporteur, commissioner TTakala, also raised her concern about
the situation of Mr. Lamin Fatty, a journalist for the newspaper, The
Independent, who had reportedly been in NIA custody before and is believed to be
facing at least one criminal charge of publishing false information. In general
the special rapporteur notes with concern that the right to freedom of
expression is still not a reality for many individuals in Africa. “Indeed, there
have been several reports of alleged violations of the right in a number of
African State during the period under review.”
Street Beggars Expected In Court
Bubacarr K Sowe
Lamin Jatta, Spokesman for the Immigration Department has confirmed that 28
street beggars who are alleged to be illegal immigrants are expected in court
soon.
In an interview with Foroyaa on Monday, Mr Jatta said that a mass operation
that targeted street beggars on 20th and 21st of November resulted in the
arrest of the said 28 people.
We arrested 28 non-Gambians and arrangements are on the way to take them to
court.
All of them are illegal immigrants, Jatta said.
He added that all of them are released on bail.
Jatta, however, stressed that they are not against begging, but beggars can
go to Mosques and churches and avoid the streets. He said that most often
bandits ‘hide behind beggars to steal or the beggars themselves fall victims of
traffic accidents, which he said cause havoc.
The Point Gets International Award
The Point newspaper has been named a joint winner of the 2006
Johann-Philip-Palm Prize for press freedom.
Since 2002, this prize has been awarded by Palm Foundation in Schorndorf,
Germany, every alternate year.
The other laureate is Asja Tretyuk, a journalist in Belarus.
The laureates were selected out of a list of worthy candidates, proposed by
members of the jury and other partners of the Palm Foundation, such as
Reporters Without Borders and Amnesty International.
Mr Pap Saine, the Managing Director of The Point newspaper, will receive the
award on behalf of the paper in Schorndorf, Germany, on Sunday, 3rd December
this year.
The Point was co-founded by Deyda Hydara and Pap Saine in 1991. Since the
beginning of this year, the newspaper has been published daily and it can also
be read online.
According to the organizers of the biennial award, Pap Saine has been
fighting for freedom of opinion and press freedom in The Gambia since his partner
was murdered in cold blood in December 2004. An elated Pap Saine described the
award as a recognition of The Point’s relentless commitment to balanced,
objective and impartial journalism. He said: “The award is a massive boost and a
huge plus to all Gambian journalists. It shows that people are out there
monitoring what we do and how we do it.”
He added: “My sincere thanks go to my dedicated staff, my partner Mrs. Maria
Hydara, our readers, subscribers, advertisers and Quantum Net without whom
the launching of the website would not have been possible; as well as
well-wishers who encouraged us to continue with the struggle for freedom of
expression in The Gambia.”
Mr. Saine then appealed to government to open its doors to the independent
media to get access to information. “This will boost objective reporting.
Government should not see us as enemies but partners in development,” he said. He
urged aspiring journalists to be up and doing. “I also appeal to young
journalists to be honest, dedicated and do their job without fear or favour, becau
se journalism is a noble profession,” he said.
During his one-week stay in Germany, Mr. Saine will interact with his German
colleagues, take part in talk shows and grant press interviews.
Buba Sanyang New DDG, Immigration
By Yaya Dampha
The former Immigration Commissioner at Brikama Western Division, Buba
Sanyang, alias Zeal, is the new Deputy Director General of Immigration (DDG).
According to the Immigration Public Relation Officer, Superintendent Lamin
Jatta, Buba Sanyang was appointed DDG last week after the promotion of the
then Deputy Director General to Director General. He has since then assumed
responsibilities.
PRO Jatta described former commissioner, Buba Sanyang, as a hardworking man
and said he has no doubt that his promotion will take the Department to a
higher height. Reacting to his appointment Buba Sanyang thanked God and wished
that Allah help him to meet and overcome the challenges.
Drug Case Adjourned
By Modou Jonga
The trial involving Sheriffo Camara, (a Gambia National) and the state was
on Monday 27th November, 2006 adjourned to Tuesday 5th December due to the
absence of the accused who is in remand. The case was presided over by E.F M’bai
and the police prosecutor was ASP Badjie. Informing the court about the
absence of the accused (Sheriffo Camara), prosecutor ASP Badjie said the National
Drug Squad did not provide fuel to transport the accused from remand and
further said he tried to call the officer responsible for fuel in the morning
but could not reach him. The application of the prosecutor for adjournment was
granted by the Magistrate.
The accused, on Tuesday 7th November, 2006 at the Brikama Magistrate Court
pleaded guilty of possessing drugs country to Section 35 of the Drug Control
Act. The act was said to have happened on the 31st of October, 2006 in Brikama.
Duo Charged With Cattle Theft
By Modou Jonga
Two Gambian Nationals Alpha Jallow (the first accused) and Samba Baldeh (the
second accused) were on Monday 27th November 2006 arraigned before
Magistrate E.F. M’bai. The duos are charged for jointly stealing a bull and a cow,
each valued at D6000 (six thousand). The alleged act contravenes Section 255 of
the Criminal Code.
The alleged cattle theft is said to have happened on 1st November 2006 on
Tuesday in the Western Division, and the stolen cattle are said to be the
property of one Ebrima Jarju. When the charge sheet was read to the duo, in a
language they claimed to understand, they pleaded not guilty. In his application
for bail for the accused persons, counsel O.D. Mbye submitted that the offence
with which his dients are charged is bailable.
Bail was granted to the two accused persons in the sum of D15,000.00
(fifteen thousand dalasis) and they were provided Gambian sureties with valid ID
Card and they must prove means. The police prosecutor was 629 Saine. The case
was adjourned to Monday 4th December, 2006.
NAYCONF Organising Committee Meets Musicians
By Isatou Bittaye
The Organising Committee of NAYCONF has met a number of Gambia Musicians on
Tuesday 21st November 2006. The purpose of meeting the musicians is to have
them take part in and contribute to national development.
According to the chairperson of the NAYCONF sub-Committee Marketing,
Publicity and Fundraising, Mr. Sheriff Gomez, NAYCONF recognises the invaluable
contribution of musicians in our national endeavours part in youth development in
general and NAYCONF in particular. Mr. Gomez indicated that they met Rongo
and Freaky Joe who were representing a group of artists including Mbye Gaye
and Yushapha Ngum. He said that NAYCONF wants these song and to engage the
musicians in fundraising show. Mr. Gomez indicated that negotiations are still
going on with the musicians and both parties are satisfied that they are moving
in the right direction to ensure a conclusive outcome. Nevertheless, the
National Olympic Committee (NOC) is still contacting many Gambian artists for
these two engagements. He said that NAYCONF started with a zero budget but
NAYCONF 2006 has to raise over 4 million dalasis to ensure a successful and hitch
free meeting.
He said it is for this reason that NAYCONF intends to do everything possible
to raise funds. He indicated that the publicity kicked off recently in the
form of flag relay and a torch lighting ceremony. He also noted that
sponsorships are following up and locations for venue, works and other logistics are
in progress. Mr. Gomez indicated that the targeted date for the musical
performance is 2nd December 2006 and the NAYCONF date has been pushed forward to
the 18th –24th December. He remarked that all delegates and participants are
expected to arrive in Western Division on the 17th December, 2006.
Two Arraigned In Court For Stealing
By Bubacarr K. Sowe
One Biran Secka and Amadou Sarr were arraigned before Magistrate Kayode
Olabujutu for stealing and abeting. Both Secka and Sarr pleaded not guilty to the
charges that are preferred against them. According to the particulars of the
offence on Secka’s charge sheet, he had in the mouths of April, May and June,
2006, at the Atlantic Seafood Company in Banjul, stolen 372 kilograms of
shrimps valued at 82, 149 dalasis.
On the other hand, Sarr is also said to have in the same period, aided and
abetted the stealing of the said item.
The prosecutor was 1st Class constable 1873 Amadou Keita and the first
accused was represented by lawyer Sissaho. The matter will proceed on the 23rd of
November.
Two Youths In Court Accused Of Stealing
By Yaya Bajo
Two bumsters, Ebrima Darboe, and Ebrima Sanyang (residing at Bakau
Katchically) were last Thursday arraigned before Magistrate B.O Jobe of the Bundung
Magistrates Court. They are charged with conspiracy to commit felony and
stealing contrary to the laws of The Gambia. According to the prosecutor, 870 Cpl
Touray, the duo conspired and stole a digital camera belonging to the friends
of one Basi Camara at Sun Beach Hotel in Cape Point. The two accused persons
pleaded not guilty to the charge that is preferred against them.
In his testimony, Ebrima Darboe said he went to the beach one morning and
came back to the town, and on his return, the second accused Ebrima Sanyang
approached him with a digital camera and asked him to find a customer for him
because he want to sell the camera. Darboe further testified that the second
accused informed him that the camera was given to him by a friend and he wanted
to sell it. “I told him I know a photographer who may need it,” he added.
Continuing, Darboe said he had taken the camera to the photographer who bought
it at D600 and he came and handed over the money to the second accused who
gave him (Darboe) D200. Darboe further narrated that few days later; one
Basir Gassama approached him and informed him that his (Basir) guests’ digital
camera was stolen. He added that he was arrested three days later around the
vicimity of Sun Beach Hotel and whisked off to Bakau Police Station where he
met the second accused and both of them were put under custody there.
During cross examination, the first accused denied that he had knowledge
that the digital camera was stolen by the second accused, but Darboe responded
in the negative. The case continues.
Suspected QuantumNetBurglars Risk Deportation, If…
By Yaya Dampha
Suspected to have broken into the offices of Quantum Net were arrested by
the Police and are presently under Police custody helping the Police with their
investigations. According to information from the Police all those arrested
are of Senegalese origin.
Speaking to this reporter on Tuesday the Immigration Public Relations
Officer, Superintendent Lamin Jatta said the Immigration Department will deport all
of those thieves if they are tried and find guilty. He said if they are
sentenced to jail terms they will serve their sentences and later be deported to
their native country. Superintendent Jatta said “this is one way of mopping
up criminals.”
ECO Will Be A Convertible Currency-
Says WAMI
By Bubacar K. Sowe
Emmanuel Ating Onwioduokit, Chief economist and head of the Multilateral
Surveillance Division at the West African Monetary Institute (WAMI) has said
that the ECO will be a convertible currency which will be accepted any where in
the world.
In an exclusive interview with Foroyaa on Thursday, at the Paradise Suite
Hotel, he gave assurance that the introduction of the single currency by
December 2009 is certain. Mr. Onwioduokit was hasty to say that there are still
challenges in the process. Among them, he said, is the financial commitment of
member states, as most states are in arrears to the stabilization and
cooperation fund.
He called on member states, to expedite the domestication of the protocols
and agreements signed into their national laws. “Removing of the fiscal
barriers that separate our people and the free movement of goods and services will
enhance our integration,” he pointed out.
On meeting the targets of the convergence criteria, he said that The Gambia,
Nigeria and Sierre Leone are on track. “The real challenge is with Guinea
and Ghana. By the end of June our assessment showed that Ghana were at the
margin 10.5%, and Guinea at 35%,” Mr. Onwioduokit revealed. He added that current
projections for Guinea indicate that even by the end of the year their
achievement will be 29%, which is still a way off the single digit criteria that
they envisage.
However, he praised Ghana’s performance of bringing down its inflation rate
from 43% to 10% in the last two years, and hoped that by the end of this year
Ghana’s inflation rate would be a single digit. Inorder to sustain the
convergence criteria that have been met, Onwioduokit said it all has to do with
appropriate adjustment and policy choices and governments to desist from
borrowing from Central Banks or carrying out extra budgetary activities.
He also stated that the creation of a common stock market in the sub-region
is crucial. He said government could then borrow there at a market rate and
finance its deficit, which is not harmful to the domestic economy as when
compared to borrowing from Central Banks.
He added that entrepreneurs in the zone will have vast opportunities when
the agreements are implemented since a company registered in Nigeria does not
need to incorporate in other member countries and vice versa. “They will have
access to over 200 million people in the region,” he said.
Former BAC Financial Controller’s Case Deferred
By Modou Jonga
The trial involving Mr. Fafa Kayaked, the former financial controller at the
Brikama Area Council was on Monday 27th November, 2006 adjourned to Tuesday
5th December, 2006 for ruling. The case was presided over by Magistrate E.F. M
’bai and the prosecutor was 413 Sanyang of Yundum Police Station.
On Monday, the Police prosecutor did not object to an earlier application
sought by counsel Jobarteh for the court to acquit and discharge the accused.
The prosecutor urged the court to decide on the matter.
The accused, Fafa Kuyateh, is standing trial for allegedly obtaining an
amount of D230, 000 (Two hundred and thirty thousand dalasis) from Bubacarr Cham
by false prefence over a piece of land that is situated at Nema Kumku
villages. The accused, however pleaded not guilty to the preferred charge against
him.
Former Nawec Boss Still Missing
Bubacarr K Sowe
The whereabouts of Abdoulie Jobe, Former Managing Director of the National
Water and Electricity Company (NAWEC), is not known to the police, said the
prosecutor on Monday at the Banjul Magistrates court.
First class 1308 Camara told the court that they could give an account of Mr
Jobe since he was not arrested by the police. Camara also applied for an
adjournment, submitting that the case file is still at the Attorney General’s
Chambers.
Tijan Bahoum, NAWEC’S ex-distribution Manager, the second accused was in
court,
Both counsels for the defence were absent from court but one of them wrote
to explain why he was assent.
The two are standing trial on economic charges, of which they pleaded not
guilty.
The presiding Magistrate I.I. Mboto adjourned the matter to the 4th of
December 2006
Issue No. 107/2006, 1-3 December, 2006
Editorial
Cleaning The Streets By Depriving Beggars
In one swoop beggars and others who constitute the scum of society were
swept away from the streets of the Greater Banjul Area. Those who were caught red
handed committing the “crime of begging” because of poverty and deprivation
were paraded like criminals into a courtroom to be penalized for causing
nuisance in the streets. They have been ordered to “keep the peace,’ ie stay
indoors for the next six months.
This is what Gambian society has degenerated to. The downtrodden are treated
like thrash in the society. What the street beggars need are rehabilitation
and jobs.
In fact Section 31 of the constitution states quite clearly that “(1) The
right of the disabled and handicapped to respect and human dignity shall be
recognised by the state and society.
(2) Disabled persons shall be entitled to protection against exploitation
and to protection against discrimination, in particular as regards access to
health services, education and employment.
(3) In any judicial proceedings in which a disabled person is a party, the
procedure shall take his or her condition into account.”
Needless to say, cleansing the street of beggars is like sweeping the dirt
under the carpet. Without employment and enlightenment the beggars because of
sheer necessity –survival- will re-emerge. Every problem with its solution.
The solution to the problem of beggars is their transformation into productive
and dignified members of society, not the application of a colonial law.
Repatriated Migrants Arraigned
By Modou Jonga
Thirty repatriated Gambian migrants from Spain were on Wednesday 29th
arraigned before Magistrate E.F. M’bai at the Brikama Magistrate Court. The
aspirant migrants most of whom are in their mid twenties were charged with malicious
damage to the property of The Gambia Civil Aviation Authority at the Banjul
International Airport on the 28th October 2006.
The properties include five flower plots and six flower plants valued at
D7,5000.00 (seven thousand and five hundred dalasis), thirteen (13) fixed panels
and thirty-nine (39)louver blades valued at D95, 800. The total value of the
alleged properties is D103, 300 (one hundred and three thousand three
hundred).
The number of the accused persons (aspirants migrants) present in court was
said to be fifteen (15). An application for a bench warrant by the prosecutor
ASP Badjie to be issued by the court for the arrest of the 15 accused
persons who were absent and their respective sureties was over-ruled by the
presiding magistrate who said it is premature to issue a bench warrant. The
magistrate further said that the accused persons who are present in court cannot take
their plea in the absence of the other (15) accused persons who were absent.
The case was therein adjourned till Tuesday 12 December, 2006 for all thirty
accused persons to take their plea.
African Commission Ends 40th Session
By Fabakary B. Ceesay and Bubacarr k. Sowe
For the past two weeks, Banjul has been the centre of activity for human
rights actors around the continent. African Union Member states, international
and intergovernmental organizations, civil society organizations, human rights
advocates and activists, all conveyed in Banjul to join hands with the
African Commission to dialogue, brainstorm and reflect on ways and means to
enhance the promotion and protection of human rights on the continent.
In her closing speech, Ambassador Salamata Sawadogo, Chairperson of the
African Commission on Human and Peoples’ Rights, stated that during their public
sessions, they exchanged views on a range of issues affecting the enjoyment
of human rights on the continent. According to her, the commission had
examined a variety of issues dealing with human rights situations in Africa
generally, but also considered the human rights condition of specific groups such as
women, Refugees, internally displaced persons and human rights defenders. She
added that thematic human right issues such as torture, freedom of
expression, the death penalty and prison conditions were examined. Ambassador Sawadogo
indicated that continuous interest was being shown by many people on the
work of the commission, and the latter had recorded numerous complaints at this
session. She highlighted the ambitions of the commission to enhance the
enjoyment of human rights on the continent, a will that brought all of them
together. She mentioned the desire of the commission to usher in a new Africa, an
Africa in which the lives of the populations will constantly improve to attain
the most rigorous of standards which are generally applied in the world. “I
must note here that the commission held lengthy and highly constructive
debates on all these issues, and has taken the necessary actors, as appropriate”
she said.
In his closing remakes, the Attorney General, Mr. Kebba Sanayng, noted that
it is one thing for independent sovereign states of the African Union to
sign, ratify and domesticate International and Regional Human Rights conventions;
but it is also an entirely different thing or ball game for these African
states, to respect, uphold, cherish and implement the noble and intentionally
acclaimed provisions, of those international and Regional Human Rights
Conventions, which those African states in question have signed, ratified and
domesticated. Mr. Sanyang, called on all Africans to hope and pray unceasingly for
the Human Rights records of all African states of the African Union, to
progress by leaps and bounds, across the length and breadth of our beloved African
continent, so that the culture of Human Rights would take root all over
Africa. “Thus making Africa a better place to live in, not only for the Africans
in Africa, but for Africans in the diaspora and all peace loving people in
our global village”.
Beggars Quit The Streets As 21 Get Convicted
By Yaya Dampha
Magistrate BY Camara of the Banjul Magistrate Court has convicted 21 beggars
for causing nuisance in the streets. The beggars pleaded guilty to the
charge that was preferred against them. In his ruling, Magistrate By Camara said
the beggars are first offenders. He ordered them to keep the peace for the next
six months. The beggars were arrested by the Police last week. They were
later arraigned in court for causing nuisance in the streets of Banjul and
Serrekunda.
When this reporter visited the streets in Banjul, Serrekunda, Latrikunda and
Brikama, he discovered that there was no beggar in the streets. In
Serrekunda he was shown the home of a blind man who earns his living through begging
at the Westfield junction, the old man said their livelihood is at stake
because they have been ordered to leave the streets. He said one thing that the
authorities should understand is that they do not like begging; that they are
suffering from disabilities. In Banjul a handicap who crawls in the streets,
said his livehood depends on begging. He said “We are not criminals it is
because of our physical conditions that’s why we are begging.”
Neneh Cham Addresses The Court Martial
By Fabakary B. Ceesay
Neneh Cham Chongan, the counsel for Private Alagie Nying, on Thursday 30th
November 2006, told the honourable court martial that the statement of her
client was involuntarily obtained by the state. Mrs. Chongan told the court that
the two witnesses, defective Abdoulie Sowe and Babou Loum are not
trustworthy and that they are not credible. She indicated that the court should not
rely on them. She stated that, Abdoulie Sowe an experience police officer told
the court how he obtained the first cautionary statement of the accused person
in the absence of an Independent witness, thereby violating the procedures
and the rules. Neneh Cham added that Mr. Sowe told the court that he never put
it in writing that he had read out the cautionary warning to the accused
person. Mrs. Chongan pointed out that PW1 (Abdoulie Sowe) told the court that he
obtained the statements of the accused person when PW2 (Babou Loum) was
present. “But PW2 (Babou Loum) told the court that he only witnessed the
statement on one occassion, they therefore contradict each other.” She said the words
of PW1 and PW2 are mere assertions and are not credible, and are shakable.
She asked the court not to believe in PW1 (Abdoulie Sowe) when he said he took
two statements from the accused person on two different occasions and that
the statements could be the same “word by word.” She added that PW2 has told
the court that he was present throughout when the accused person was narrating
his story, but that he cannot tell the court anything that he heard. She
further argued that, PW1 contradicted himself when he said the reason the first
statement of the accused person was not witnessed is that the accused person
denied involvement in the alleged coup, but later changed the story and said
that, when the independent witness was called in to witness, he refused to do
so. “I summit that where witnesses are so contradictory and inconsistent in
material facts in their evidence, such evidence is unreliable and unsafe for
the court to rely on them. Their certainty is not enough to prove beyond
reasonable doubt,” she argued. She noted that the accused had given credible
evidence, which is unshakable and was more strengthened under cross examination.
She said the accused person was forced and induced to sign the statement and
that the court should believe him, as he is consistent. “I therefore urge
this honourable court to discharge him,” she said.
Police Officer Testifies In Cattle Theft Case
By Modou Jonga
Detective Police Officer 1475 Lamin Danso, attached to the Brikama Criminal
Investigation Department on Tuesday 28th November, 2006 testified before
Magistrate E.F M’bai.
Detective Danso was testifying as first witness in a cattle theft case
involving Boto Sowe. The prosecutor was ASP Badjie. In his testimony, Detective
Danso told the court, that he was informed by the accused that three cows got
lost in his herd on a particular night in the month of August. These cows,
stated the witness, were with the accused for a few days but the accused said he
never informed the village head or the District Chief.
According to the Police officer, he was told by the accused, Boto Sowe that
one of the cows was sold to one Bonda Jassey of Kafuta village by the accused
at D4000.00 (four thousand dalasis) and the two cows were given to one
Ansumana Sanyang of Somita village by the accused to be exchanged with goats.
But before the exchange deal took effect, stated Detective Danso, the
complainant identified the two cows from Ansumana Sanyang.
The matter, stated the witness, was subsequently reported to Sibanor Police
Station and all the cows were recovered by the Police. The cattle theft case
according to Detective Danso was referred to the Brikama CID office for
further investigation.
The witness cum detective told the court, that the cautionary statement of
the accused was obtained in the present of an independent witness, Lamin
Keita. This statement, stated the Police officer, was thumb printed by both the
accused and the independent witness twice and it was read to the accused.
The cautionary statement of the accused which was identified by the witness
was therein tendered in court but with objection from Defense Counsel Lamin
K. Mboge.
In objecting to the accused’s statement being tendered, counsel Mboge said
the statement was not obtained voluntarily and that the accused was under
police custody, refused bail and detained unlawfully for more than the 72 hour
detention limit stipulated by the constitution. Counsel Mboge further said, the
accused was induced to give his statement as a determining factor to be
granted bail.
The trial was adjourned till Monday 11th December.
Impersonators’ Trial Re-adjourned
By Modou Jonga
The trial involving Ebrima Jallow and others was on Tuesday 28th November,
2006 adjourned till Tuesday 12th December by Magistrate E.F M’bai due to the
absence of some accused persons remanded in custody.
One of the accused, Pateh Taal, who was granted bail previously, was present
in court. Pateh Taal, the fourth accused is said to be driver in the
impersonation operation. Defense counsel for fourth accused counsel Chime was not
present in court.
Our readers could that six accused persons were alleged to have posed
themselves as CID and health officer on shopkeepers at the Brikama Market sometime
this year. A faked ID card and a hand cuff were alleged to be in their
possession.
The Police prosecutor is ASP Badjie.
Ebrima Jallow Trial Re-Adjourned
By Modou Jonga
The trial involving Ebrima Jallow and the state was on Monday 27th November
2006 adjourned till 7th December by the presiding Magistrate E.F M’bai due to
the absence of the accused who is remanded in custody.
In applying for an adjournment, the prosecutor ASP Badjie, said he did not
have the said case on record in his diary and as such applied for the case to
be deferred.
The accused Ebrima Jallow is alleged to have obtained goods by false
pretences, contrary to Section 288 of the Criminal Code, from one Mariama Jallow in
the month of May 2006 at Gunjur. The items involved ore carton of K.K
batteries, (6) six tubes of tooth paste and tooth brushes.
The accused pleaded not guilty to the preferred charge of defrauding by
false representation.
Readers might recall that the said Ebrima Jallow was the alleged ring leader
of five impersonators arraigned in the Brikama Magistrates Court sometime
this year. The six namely Ebrima Jallow, Hatab Sanneh Pa Jah Njie, Lamin Jatta,
Pateh Taal and Momodou Lamin Camara, were alleged to have posed as CID and
health officers with an intent to defraud shopkeepers at the Brikama Market.
The six were also said to have in their possession a faked Identity Card and
a hand cuff. It is suffice to state that the said Ebrima Jallow in his
defence as the first accused person in the impersonation trial, told the court he
admitted having committed the offence of impersonation knowingly, because he
thought that he was collaborating with the Serrekunda Police.
Drug Case Heard In Chambers
By Modou Jonga
A high profile drug case involving Amie Jaiteh and the state presided over
by Magistrate S.B Tabally at the Brikama Magistrate Court was on Tuesday 28th
November, 2006, heard in Chambers.
The application for the case to be heard in chambers was filed by state
counsels N.B Johnsmith and N. Jallow representing the state National Drug Control
Agency. The said application, was objected to by counsels for the accused
lawyer Ousainou Darboe and Lamin S. Camara.
In his objection to the state counsel’s application, Lawyer Darboe said the
publicity of the said case would not prejudice the interest of Justice,
interest of the defense or national security. To hear the case in camera, stated
counsel Darboe, contravenes the provision of the constitution unless the
security of the nation is at stake.
Amie Jaiteh, a resident of Dippa Kunda, and two other persons were charged
with the offence of possessing prohibited drugs for the purpose of trafficking
contrary to Section 43 (4) (e) of the Drug Control Act 2003. On the 25th
February 2005, the trios, at the Entrance of Banjul International Airport, were
found in possession of 51 kilos 850 grammes of cannabis Sativa.
Subsequently the accused were arrested and detained. The trial thus started
at the Brikama Magistrate’s Court on 4th May 2005. the previous bail
application filed by counsel Camara for the accused was, on 28th July, refused by
Justice Anin-Yeboah, the then Judge of the Brikama High Court.
Concealment Of Treason Case Deferred
By Bubacarr K. Sowe
The ongoing criminal trial of Hamadi Sowe on concealment of treason was on
Thursday adjourned to an indefinite date. The matter, which was set for
continuation on Thursday, did not proceed. In the recent past the state counsel
Marley Wood made a submission before Justice Monageng that the state wish to
withdraw the charge against the accused. Hamadi was indicted on a charge of
concealment of treason shortly after the March 21st abortive Coup.
Debtor Admits Liability In APRC “Ashobi” Case
By Yaya Bajo
At the Bundung Magistrate Court, on Friday, November 24, in a civil suit
presided over by Principal Magistrate Moses Richards, one Oumie Bah a defendant
admitted owing the plaintiff, Marie Ceesay an APRC Campaign “Ashobi” textile
valued at D19, 000 (nineteen thousand dalasis). The “Ashobi” was given to
the defendant by the plaintiff for sale during the last presidential elections.
According to the plaintiff, the “Ashobi” was given to the defendant on loan
basis and she had failed to pay for the materials which are valued at D19,
000.00. The defendant acknowledged the claim and agreed to pay the said
amount. At this juncture, Magistrate Moses Richards noted that since the defendant
has acknowledged the claim, he would enter judgment in favour of the
plaintiff. He said the defendant is liable to pay D19, 000 plus D300 as compensation
to the plaintiff. The payment has to be effected within two weeks from that
date.
APRC Supporter’s Trial Adjourned
By Modou Jonga
The assault case involving Alimamo Gibba and the state was on Thursday 30th
November, 2006 adjourned to 14th December due to the absence of the presiding
Magistrate E.F Mbai.
Alimamo Gibba, a supporter of the APRC and a resident of Pirang village in
the Kombo East District is arraigned in court for assaulting one Olly Touray,
a supporter of the United Democratic Party.
The alleged assault is said to have happened on 15th May 2006 at Pirang
village in Kombo East when supporters of the APRC were celebrating their victory
in the by election. The accused is said to have pelted the complainant with a
stone.
Readers could recalled that the court has so far heard the testimonies of
the complainant, Lamin R. Darboe (the defeated UDP candidate in the Kombo East
by-election) and Sergeant Bunja Darboe who is attached to the Brikama Police
Station. The medical certificate that is issued to the complainant was
tendered in court and admitted in evidence.
The Police prosecutor ASP Badjie and the accused were present in court but
the complainant was absent.
Migration Policy In The Offing
By Amie Sanneh
The Secretary of State for Communication, Information and Technology Neneh
MacDouall Gaye has indicated that there are plans to formulate and implement a
migration policy. She said international migration has aggravated the
population problems facing the country. SoS Gaye added that the 2003 Population and
Housing census revealed that 7.2% of The Gambia’s Population is made up of
immigrants.
According to SoS MacDouall Gaye, this influx of emigrants has placed
increasing pressures on the social services and has reduced employment opportunities
for Gambians. She said the Government recognizes the role migrants play in
providing remittances and contributing to the economy. The communication
secretary made this statement on Thursday while launching the UNFPA2006 report on
population. The theme was “A passage to hope: Women and International
Migration,” It was held at the Paradise Suites Hotel. Commenting on the report she
said it is estimated that out of the 191 million migrants of the world, 95
million are women. She said these women contribute a great deal to the welfare
of families and communities in their host countries. “Women migrants are
engaged in the labour market in host countries in jobs ranging from domestic work
to teaching and even prostitution,” she said. The SoS added that the report
has shown that young people between 10 to 24 years account for about a third
of all International Migrants. “They move because they are either unable to
find work, continue their schooling or go about their daily lives with a
reasonable expectation of safety and security. They migrate because they cannot
find these conditions at home” she said.
SoS MacDouall Gaye described young migrants as vulnerable due to their
youthful age, which she said, puts them at risk of abuse and exploitation.
She added, “This is particularly true about young girls who are more
vulnerable to sexual abuse and other gender based forms of violence.” SoS Gaye
posited that effort to combat Xenophobia, violence, exploitation and trafficking
needs to be expanded and policies redefined to reflect the realities of
migrants.
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