What a sheer waste of the public's time and resources. Thanx for sharing. Haruna.
-----Original Message-----
From: Muhammed Lamin Touray <[log in to unmask]>
To: [log in to unmask]
Sent: Thu, Jul 30, 2009 8:54 pm
Subject: Pap Saine & Sam Sarr, doyen of Gambia press corps, enter robust defence
Jammeh and the government exposed by the journalists on trial. I especially like the testemony of the relgious scholar that Jammeh's statements about Mr. Hydra tantamount to mocking the dead, which is condemned by the Quran and Hadith.
Read...
Source: The Gambia Echo News online.
http://thegambiaecho.com/Homepage/tabid/36/articleType/ArticleView/articleId/1582/Default.aspx
Pap Saine & Sam Sarr, doyen of Gambia press corps, enter robust defence
In the high profile case involving seven Gambian journalists, now sixth, after one of them– Mr. Abubacarr Saidykhan was acquitted and discharged yesterday, editors Pap Saine and Sam Sarr publishers of The Point and Foroyaa Newspapers respectively, testified this morning, Thursday 30 July 2009 before Justice Emmanuel Fagbenle of the Banjul High Court.
Pap Saine & Sam Sarr, doyen of Gambia press corps
his testimony, Mr. Pap Saine told the Court that he is a media practitioner and publisher of the Banjul based The Point newspaper. Saine told the Court that he has been practising journalism for thirty-nine years in The Gambia. Saine recalled that on the 15 June202009, while on his way going to his office, at around 1:30 pm he received a telephone call from Ebrima Sawaneh, his News Editor who informed him that two National Intelligence Agency (NIA) officers came to their office and asked that they report to the NIA headquarters.
Saine said he then left for the NIA headquarters with Ebrima Sawaneh, Emil Touray and Sarata Jabbi-Dibba. He said few minutes after their arrival there, he was taken to the conference room, adding that an NIA officer informed him that they were called in relation to the GPU press release reacting to President Jammeh’s statement during a GRTS interview. Saine said he told the NIA officer that the author is The Gambia Press Union.
He told the Court that he did inform the NIAs that he published the article in the interest of democracy and press freedom, in line with Article 19 of the Universal Declaration on Human and People’s Rights, which The Gambia is a signatory to. He said in his conscience, the statement is not malicious, neither seditious, but rather in the interest of the public. He said he did draw NIA’s attention to the constitutional requirements on the
Media’s role to ensure divergent views and opinions are allowed especially, in the Independent media. This was my response when confronted by the NIA, the characteristically poised, polished and always well-behaved Saine, told the Court.
Saine said the second day of his detention he was asked to write a cautionary statement,20which he confirmed before the Court, has not been signed.
After reading the alleged seditious or defamatory statement, Saine affirmed before the Court that “it is not stated anywhere that the President, government and people of the Gambia have a hand in the killing of journalist, Deyda Hydara.”
Pap Saine confirmed to the Court that the alleged publication is contained in exhibit B, adding that: “it is not stated anywhere in exhibit B that the President, government and people of the Gambia have a hand in the killing of Deyda Hydara.”
He said he was asked by an NIA officer to write his name on Exhibit (I) which is an article written by Ndey Tapha Sosseh. He further confirmed that page 2 and 3 of exhibit (I) is authored by Ndey Tapha Sosseh.
Saine told the Court that he has not seen any alleged seditious and defamatory statement on exhibit (I). He added that the source of the email is from [log in to unmask] Saine told the Court that since he started journalism thirty-nine years ago, he was never been charged with sedition. He also told the Court that he is not a member of GPU but only an adviser, adding that media chiefs cannot hold posts in the Press Union according to its constitution.
Saine emphatically stated that he never conspired with any body to defame the person of the President, and has never published any defamatory material against the President. He also denied having published any alleged seditious publication in e
xhibit A and B against the President.
Sam Sarr’s Cross-Examination of Pap Saine
In his cross examination, Mr. Sarr asked Saine that publisher of the Point Newspaper, whether he (Sarr) has at any point in time before his arrest made available to Saine statement of GPU entitled: “GPU Reaction to President Jammeh”; Saine answered in the negative.
Sarr asked: “Did I ask you to publish the statement, Saine replied no.
Sarr further asked: “Do you know Niang Sarang Jobe, Saine answered: “yes, very well sir.”
Asked where she is staying, Saine answered, at Dibba Kunda. Saine also told the Court that Niang Sarang Jobe left for Senegal for treatment after the Deyda Hydara murder incident on the 16 December 2004, but returned to The Gambia since 2005.
DPP Cross-Examination of Pap Saine
Mr. Richard Chenge- the Director of Public Prosecution (DPP) in his cross examination asked Saine whether as a founding member of GPU, he could no longer hold a position when he became a media chief? Saine replied yes.
When asked whether he meant the article to be read in The Gambia and beyond, he answered: “I first published the interview of the President aired over GRTS, and later the reaction of the GPU, and it is left to the people to decide”.
Asked whether GPU was hitting back to the President, he said the article was published in the interest of democracy and press freedom as enshrined in Article 19 of t
he Universal Declaration of Human Rights” and then added “I have no hidden agenda against the person of the President.”
He said the very day of the publication, 15 June 2009 in the morning he was at the Banjul Magistrates’ Court to hear judgment on his citizenship. “So I spent the whole morning at the Banjul Magistrates’ Court. I want to assure the Court that I did not discuss the matter with anybody.”
He also said nobody saw him any letter of the alleged publication. He said his paper never writes anything to disassociate itself from the publication.
Re-Examination of Pap Saine
Pap Saine responded to defense counsel Lamin Camara that he was a registered member from 1979 to 1990s. When asked whether he erased his name from the GPU registry, he replied in negative. “My question is that are you in a position to erase your name?” Camara asked, but the trial judge disallowed the question, and the counsel asked the Court to record the question.
Sam Sarr Entering His Defense
Sam Sarr said that he is a media practitioner and also the Managing Editor of The Foroyaa newspaper. He said the responsibility of what to publish and what not to publish falls on his him at Foroyaa newspaper. He also said he has been teaching for 33 years, and he got involved in journalism in 1987. He recalled that on Thursday, 11 June he opened his inbox and found a publication from Ndey Tapha Sosseh. He said he examined=2
0the content of the publication and realized it is a reaction to the interview made by the President over Gambia Radio & Television Services (GRTS).
“That interview dealt at length with allegations concerning Ghanaians’ killed in The Gambia, but at the same time dealt with the killing of Deyda Hydara.
“We at Foroyaa newspaper recorded the interview of the President and I have a video record cassette which he tendered and marked as defense number 6 exhibit A.
“We also published summary of the said interview in our edition dated 9 June 2009, titled: President Jammeh on Killing of Ghanaians. His statement on the Ghanaians killed was mention, as well as statement on the killing of journalist Deyda Hydara,” Mr. Sarr said, and tendered the publication to the Court and marked as defense number 6 exhibit B.
Sam further went on: “Our approach at Foroyaa newspaper is to ensure the publication of dissenting, divergent views.
“So when I received GPU’s statement from my inbox, I took this into account and reflected on certain statements that were made by the President in the interview with GRTS, and the fact that Ndey Tapha Sosseh being GPU president is specifically concern with the issue of Deyda Hydara and I considered it unfair to grant publication for the President and not granting her publication on such pertinent issues of public concern.
“What we expect on major issues of concern to the public is for debate to be d
one. I have also published issues of public interest in the pursuance of the truth,” Sarr said giving reference to a recent Foroyaa article which commented on certain people collecting money for the July 22nd celebration, and when it was published the authorities reacted to arrest the situation. He pointed out that “newspapers have a responsibility to scrutinize the executive and such criticisms do have effect.”
Sam further recalled that he was arrested while teaching school children at his house on the 15 June 2009 by three NIA officers led by PW3, and whisked to the NIA headquarters until the time he was taken to Court on the 18 June 2009.
“I was not told the reason for my arrest at the NIA,” he said, and further recalled that while at the NIA, he was taken to the conference room and was asked to write a statement. “I at that juncture asked the NIA officer the reason for my arrest. And they told me that it is related to the Foroyaa publication concerning GPU’s reaction to President Jammeh.” Sarr then read the full text of the alleged seditious statement, and told the Court that the statement is not seditious and not defamatory, and that issues that were raised in the statement are contained in a videocassette, which he gave to the Court. He referred to the issue as a matter of public concern, which motivated him to publish it.
Sarr who was asked by the presiding judge to bring to Court whatever material evidence h
e have to show to the Court, presented the videocassette, and brought in a video set for Yahya Jammeh’s statement to be played in Court but the presiding judge later declined to play it.
Sarr also presented a full transcript of Jammeh’s interview to the Court, and marked as exhibit. “In the interview, I notice lot of inaccuracies, and in particularly, the issue of a Senegalese and the two ladies who where in the same vehicle with Deyda Hydara at the time he was shot”. “I asked myself a question, whether the President was properly informed that by publishing such statement will help him (the President) and the NIAs to reflect and conduct proper investigation. I considered it to be in the public interest that the matter be published and the alleged defamatory and seditious publication is in reality an expression of the GPU president, which could serve as a valuable element to the President and the government. “Before the publication of the alleged defamatory matter, I never communicated the matter with anybody apart from the email received from Ndey Tapha Sosseh. I have not forwarded the statement to any individual, website or newspapers. I feel to publish it because that is my job”.
“My lord, from my conduct, I have no intention to bring hatred or contempt or excite disaffection against the person of the President, government and the people of The Gambia. In fact, that is not my style. Hate, division does not carry society forward”. 8
0What is relevant is ensuring access for the exercise of divergent views. To give a meaning of the alleged defamatory statement is that, is not accusing the government or the President and it will be unreasonable for anyone to think that,” Foroyaa’s Managing Editor said, adding, “I have no intention to defame the President.”
Cross-examination by Camara
In his cross examination by defense Counsel Camara, Sarr said he is not a member of the GPU by virtue of his position at Foroyaa, but instead an adviser. Asked whether the seventh accused- Emil- has not been going to work due to his ill-health and lack of lenses as he told the Court earlier, Sarr said “yes,” adding that: “he (Emil Touray) is engaged as Assistant Editor, so we arrange for medical treatment at a clinic and new pairs of lenses, and asked him to stay away until the lenses are available”.
DPP’s Cross Examination of Sam Sarr
Sam confirmed publishing the story and received calls concerning the publication, but denied that any of the accused persons called him after the publication concerning the publication.
When asked whether he was happy when he saw the publication, Sam said: “it is not a matter of being happy or not been happy, but I feel it is a reaction to what have been said and I have to give access to it.
DPP asked: “The government cannot be exonerated means that the government is not innocent in the killing of Deyda Hy
dara?” but Sam in his response said, “if you don’t stop character assassination and mount investigation into the killing of Deyda Hydara, the government cannot be exonerated.”
Sam said no member of the GPU sent any letter to him to disassociate themselves from the alleged defamatory statements. He also said since the publication was done no member of GPU came to them to dissociate themselves from the publication.
He said at Foroyaa they usually publish what will result to positive reaction from the public. He further stated that in The Gambia it is true sometimes people negatively reacts to publication like any other country in the world, but added that: “we are concerned that what we publish is in the public interest”.
Sam Sarr’s witness
Mr. Karamo Ceesay said he is a resident of Brikama and told the Court that he is a teacher by profession, and has knowledge of the Quran and Hadith. Answering questions, Ceesay said the Quran teaches in ‘Suratul Nahmi,’ Verse 90 that God advised straightforwardness and urged humankind to desist from doing or saying evil deeds or insult a death person. He said in another ‘Hadith’, Prophet said if a person dies, no one should talk about any bad thing against him.
DPP Cross Examination of Sam Sarr’s witness
When asked by the DPP to give an example of insulting the death, Ceesay said any utterance that belittle, or of mockery to a death person, which one mi
ght not have said while the person was alive could be described as an insult.
Ceesay further said: “it is a bad statement in the Islamic context” to say: “go and asked the death person who killed him”, and tantamount to belittling the death person.
Responding to the DPP’s question as to whether it is an insult to call and speak to a death person, since according to him some people do it, Ceesay said he has never witnessed such an instance. He added, “If a person has the capability to speak to the death, it is not an insult.” Defense Counsel Lamin S. Camara applied for adjournment and told the Court that if they do not have any further witnesses, the defence will close its case and address the Court. Case resumes tomorrow 31 July 2009.
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html
To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
|
