Thanks Gunjur. That came JUST IN TIME.

F

On 14/12/06, [log in to unmask] <[log in to unmask]> wrote:
>
> Foroyaa Newspaper Burning Issue
> Issue NO. 111/2006, 11-12 December,  2006
>
> Editorial
> When Does Parliament Stand Dissolved?
> The  Nation stood amazed when the information spread that the APRC
> National
> Assembly  members have passed a bill to enable the President to dissolve
> the
> National  Assembly. To many this was the worst decision made by the
> majority in
> the  National Assembly against the wishes of the minority, NADD members.
> However,  in giving the powers to the President the majority ignored the
> remarks of the  minority leader that the power to dissolve parliament was
> in
> contravention of  Section 99 (1) of the Constitution which states that:
> "Subject to
> the provisions  of this section, the National Assembly shall stand
> dissolved
> on the day  immediately preceding the day appointed in accordance with
> section
> 97 for the  first session of the next following National Assembly." In
> short,
> according to  this Section this National Assemble shall continue to exist
> until the day before  the very first sitting of the National Assembly to
> emerge
> from the forthcoming  National Assembly elections in January.
> This confirms that those who are to  be National Assembly members should
> be
> conversant with the Constitutional  provisions before they take part in
> changing laws. No one can ever imagine a  country with an executive
> without a
> National Assembly. Hence any member of the  National Assembly who would
> accept to
> pass a law that empowers an executive to  dissolve parliament and then
> continue
> to exist can be accused of promoting a  constitutional monarchy. It is
> hoped
> that the future members of the National  Assembly will not accept for
> Section 99
> (1) to be amended to give absolute  supremacy of the Executive over the
> National Assembly.
>
> NADD Calls  For Tactical Alliance
> The Executive Committee of the National Alliance for  Democracy and
> Development (NADD) has issued a press release in which it called  for a
> tactical
> alliance to ensure a stronger opposition in the National  Assembly. The
> full text of
> the press release reads:
> The Executive Committee  of NADD calls on the party militants in the
> constituencies which have expressed  interest in having a NADD candidate
> or an
> independent candidate with NADD  support to come to their final decision
> as soon as
> possible. The NADD Executive  further calls on all opposition parties to
> enter
> into a tactical alliance with  NADD to ensure that the credible candidate
> of
> each party is supported and thus  ensure that the power in the National
> Assembly between the opposition and the  ruling party is balanced and in
> favour of
> proper scrutiny and restraint of  Executive power
>
> AT THE COURT-MARTIAL
> Major Ebrima Bah  Testifies
> By Fabakary B. Ceesay and Annia Gaye
> Major Ebrima Bah, the  Commanding Officer of the first Infantry Battalion
> has
> testified in the on going  court-martial. Major Bah and two other soldiers
> have also testified on Friday  8th December 2006, at Yundum Barracks.
> Major Bah told the court that, while  he was at his office on the 20th
> March
> 2006, Captain Yaya Darboe came in and  greeted him. He said he then asked
> him
> whether he had come to pay a visit to his  family. He said Captain Darboe
> told
> him that he was posted back to first  Infantry Battalion from the Second
> Infantry at Farafenni. Major Bah noted that  he told Captain Darboe that
> he (Bah)
> had not received any signal about his  transfer. Major Bah said that
> Captain
> Darboe told him the CDS (Ndure Cham) had  asked him to come without his
> knowledge. Bah indicated that he then called CDS  Ndure Cham to confirm.
> He said he
> told Cham that he (Bah) had not received any  signal about Captain
> Darboe's
> transfer. He pointed out that CDS Cham replied him  in a very angry
> language that
> he (Cham) can post his soldiers anytime without  signal. Major Bah
> asserted
> that he then asked Captain Darboe to resume office,  since that is the
> case. He
> said that Captain Darboe was an adjutant at the First  Infantry Battalion
> before he was transferred to Farafenni the Second Infantry  Battalion.
> He said anytime soldiers are posted there must be a signal prior  to that.
> Major Bah indicated that when Captain Yaya Darboe resumed as adjutant,  he
> was
> responsible for the feeding of the soldiers and the armoury. Major
> Bah  posited
> that on a latter day Captain Darboe asked for permission to go home
> to  cook
> as his wife was sick. He said he granted him permission to go  home.
> Cross Examination
> During cross examination by Lawyer Sainabou Wadda  Ceesay, who was holding
> brief for Lawyer Borry S. Touray, he asked Major Bah  when Captain Darboe
> was
> transferred to Farafenni Barracks. He said he cannot  remember the actual
> date
> but that there was a letter for his transfer. He noted  that he could not
> tell
> how long Captain Darboe served at Farafenni unless he  went through the
> posting letter. Major Bah indicated that he was Captain  Darboe's
> immediate boss but
> cannot tell how long Captain Darboe served as an  adjutant. He said
> Captain
> Darboe had been an adjutant for a long time. Mrs.  Ceesay ask him who gave
> the
> signal for the posting of the soldiers. He said the  signal come from The
> Gambia National Army (GNA) headquarters from the high  command, to the
> units. He
> said he had no authority over postings. Lawyer Wadda  Ceesay asked him
> whether
> in the army it is usual for verbal orders to take  place. Major Bah
> replied
> that it is not usual. Major Bah asserted that he had  been working with
> Captain
> Yaya Darboe for more than five years. Counsel Wadda  Ceesay asked the
> witness
> whether he (Bah) was arrested in connection to the coup  plot. Major Bah
> replied that he was arrested and detained for one (1) week  before he was
> released.
> Testimony of Staff SGT Jobe
> Staff Sergeant Dam  Jobe testified before the court that, on the 21st
> March
> 2006, he was the orderly  Sergeant at the Yundum Barracks. He narrated
> that he
> had finished distributing  the meals to soldiers at their guard posts, he
> was
> ordered to answer to the duty  officer, Lieutenant Demba Savage. Sergeant
> Jobe
> noted that Lieutenant Savage  asked him whether he knew where Captain
> Darboe
> was staying and he replied in the  negative. He said Savage told him that
> the
> driver that he went with, Lance  Corporal Colley know the place. He
> pointed
> out that Savage then gave him a bunch  of keys and told him that the keys
> are
> those of the armoury. Sergeant Jobe said  that Lieutenant Savage asked him
> to
> take the bunch of keys to Captain Darboe.  Jobe noted that upon his
> arrival at
> captain Darboe's house his wife told him  that Darboe was out. He said he
> then
> decided to give the keys to his wife and  told her that they are for her
> husband. He added that he told the driver that  Darboe was not there but
> that he
> gave the keys to his wife.
> Sergeant Jobe  asserted that he informed Lieutenant Savage that Captain
> Darboe was not there  but he gave the keys to his wife. He said that
> Savage later
> called Darboe to  enquire whether he had received the keys. He added that
> Savage later told him  that Captain Darboe has received the keys.
> Cross Examination
> During cross  examination, Counsel Wadda Ceesay asked him why he was
> ordered
> to take the bunch  of keys to Captain Darboe Sergeant Jobe replied that he
> did
> so because Captain  Darboe was an adjutant. Jobe said he cannot tell how
> long
> Captain Darboe has  served as the adjutant of the Yundum Barracks. He
> added
> that as an adjutant you  are responsible for the safe keeping of the
> armoury
> keys. Sergeant Jobe  indicated that he did not know how the keys came into
> the
> possession of  Lieutenant Savage.
> Testimony Of CPL Camara
> In his testimony, Corporal  Arjuma Camara, who is attached to the first
> Infantry Battalion at Yundum  Barracks pointed out that on the 20th March
> 2006, he
> was posted at the Abuko  Earth Station as the Guard Commander. Camara said
> at
> around 7 to 8pm as he is  preparing to perform the "Magreb" prayers, he
> saw
> Captain Wassa Camara coming  towards their guard post. Corporal Camara
> noted
> that Captain Camara told him  that he is there to see one Mr. Njie. He
> said he
> then ordered one of his men to  accompany Captain Camara to the building
> and he
> continued with his Magreb  prayers. Corporal Camara noted that after five
> to
> ten minutes, Captain Camara  came back and joined them on the prayers.
> Corporal Camara narrated that on the  21st March at around 8 to 9 in the
> evening
> Captain Camara came to their guard  post and asked for the same Mr. Njie.
> He said
> he accompanied Captain Camara to  the building of operations where he
> introduced Captain Camara to one Mr. Colley.  Corporal Camara noted that
> he told Mr.
> Colley that captain Camara is his senior  officer and that he had an
> appointment with Mr. Njie. He noted that Mr. Colley  picked up the phone
> and called Mr.
> Njie. Corporal Camara noted that he then left  him to have their private
> conversation. He said he went outside the building and  wait for Captain
> Camara. He
> asserted that he and Captain Camara went together to  a shop and Captain
> Camara bought them a packet of "attaya" (china green tea) and  a cup of
> sugar.
> Corporal Camara said Captain Camara told him that he wanted to  drink the
> first
> serve before he left. He said he then asked Private M.A Njie to  brew the
> tea
> (attaya) while Captain Camara was outside. He said he later saw  Captain
> Camara coming from the other side of the fence and was communicating
> on  his mobile
> phone. Corporal Camara asserted that he gave Captain Camara the first  cup
> of
> the "attaya" and that Captain Camara told him he did not want the second
> round. He posited that while they were at their guard post they received a
> phone
> call from the base to Private Njie that there was a coup plot going on and
> he  woke up all his men and gave them the information.
> Corporal Camara asserted  that they made a call to one Private Sanneh B to
> verify what they heard. He said  Private Sanneh told them that the
> information
> is true and that some officers had  been arrested in connection to it. He
> said
> he told Private Sanneh that Captain  Camara had been coming to their post
> at
> the Abuko Earth Station for the past  days.
> Cross Examination
> During cross examination by counsel Lamin S.  Camara who was holding brief
> for Lawyer Lamin Jobarteh. Lawyer Camara asked him  whether he know the
> Mr. Njie
> Captain Camara was looking for, Corporal Camara  said, he knows Mr. Njie
> the
> Managing Director of the Earth Station. He said that  Mr. Njie is the only
> Njie he knows at the Earth Station. Corporal Camara said he  told Captain
> Camara
> that Mr. Njie the Managing Director would not be in office  at that time.
> He
> said he asked Private Mendy D Square to escort Captain Camara  to Mr.
> Njie's
> Office.
> Counsel Camara asks him whether he knows the reason of  Captain Camara's
> visit to Mr. Njie, he replied in the negative. He said he  cannot tell
> what
> Captain Camara was saying on the phone when he gave him the  "attaya."
> Counsel
> Camara asked him whether he was arrested and how long he had  been
> detained. He
> replied that he was arrested and detain for three (3) weeks.  Counsel
> Camara
> asked him whether he knew the reasons for his arrest, Corporal  Camara
> said, he
> was arrested to make a statement at the NIA. Corporal Camara  indicated
> that
> his statement was that Captain Camara came to the Earth Station  on two
> occasions. He said that Captain Camara had never met Mr. Njie at
> the  station. He
> added that he never knew what Captain Camara and Mr. Njie discussed  on
> the phone.
> At this point, Counsel Camara applied for the witness to stand  down for
> further cross examination by Counsel Jobarteh as he is only holding  brief
> for
> him. Corporal Camara was later ask to stand down, until Jobarteh
> is  available.
> The matter was adjourned till Saturday.
>
> SINGHATEH  AND BALAJO RELEASED
> Mr. Alieu Singhateh and Kemo Balajo both of the National  Intelligence
> Agency
> (NIA) were released on Friday 8th December, 2006 after  spending over
> eight
> months in detention. They were arrested on suspicion of  their involvement
> in
> the alleged March 21 abortive coup plot. According to an  eye witness who
> was
> at the prison when the two were being led outside the prison  gate on
> Friday
> morning when Mr. Singhateh and Balajo woke up from their cells,  they were
> taken
> to the hall in the prison where they were told that they are  released and
> free to go home.
> When this reporter visited the family members  of the duo they confirmed
> the
> release of their loved ones and expressed their  appreciation to the
> authorities for the release of their breadwinners. A source  from the
> security forces
> also confirmed the release of the two men. According to  the source they
> were
> released unconditionally because the investigations showed  they were not
> connected to the coup plot.
> In a separate development, this  reporter is reliably informed that all
> the
> arrested staff of Works and  Infrastructure were released except, Mr.
> Lamin
> Sanneh and Karamo Jaiteh, who  according to sources close to the police,
> will be
> charged with economic crimes  and taken to court.
> However, it should be noted that they have been detained  for more than
> the
> seventy-two hours stipulated in the 1997 Constitution of the  Gambia.
>
> NATIONAL ASSEMBLY APPROVES D300 MILLION LOAN
> Members of  the National Assembly on Wednesday ratified the loan agreement
> between the  Government of the Republic of The Gambia and the Islamic
> Development Bank  amounting to ID6, 300,000 (six million, three hundred
> thousand
> Islamic  Dinar) equivalent to US$8,900,000 (eight million, nine hundred
> thousand US
> Dollars) and ID1,300,000 (one million, three hundred thousand Islamic
> Dinars)
> equivalent to US$1,800,000 (one million, eight hundred thousand US
> Dollars)
> for  the participation in financing the Lowland Development Project.
> Tabling
> the loan  agreement before Deputies, SoS Bala Gaye told them that the
> objective
> of the  loan is to ensure food self-sufficiency and poverty alleviation.
> SoS
> Gaye told  Deputies that the loan would be paid in a period of 25 years
> with a
> grace period  of 7 years. According to SoS Gaye, the loan would attract a
> service fee of 2.5%  of the loan on an annual basis. He said the loan
> would be
> paid semi annually and  that is 30th June and 31st December.
> Fatoumatta Jahumpa Ceesay rose to second  the motion for the ratification
> of
> the loan agreement without comment.
> On his  part, Halifa Sallah, Minority Leader and Member for Serrekunda
> Central said that  any Agricultural Project that aims to ensure food
> security and
> food  self-sufficiency is crucial to the survival of the people. But
> Halifa
> said, the  fundamental question is, will this project help us to achieve
> food
> security and  food self-sufficiency. Halifa argued that if one critically
> examines
> the loan  agreement, one would discover that the beneficiaries would pay
> 8%
> just like the  Government is paying 8%. Halifa asserted that his concerns
> are:
> What are the  means of production; who are the owners of the means of
> production and how are  the beneficiaries going to pay? Halifa pointed out
> that these
> are necessary to  know because the loan would be paid within period of 30
> years. Therefore, if the  project is not properly implemented we would be
> mortgaging the future.
> On his  part Fabakary Tombong Jatta, Member for Serrekunda East said that
> any
> loan  geared towards the productive sector, is a laudable move and should
> be
> supported. He said his only worry is the service fee which is very high.
> In
> winding up the debate, SoS Gaye said that they are asked to pay a
> commitment
> charge, in this particular loan once you pay the service fee that would be
> all.  Regarding the 8% to be paid by the beneficiaries, SoS Gaye said that
> this
> is not  cash but in labour form and kind. Regarding the project design,
> SoS
> Gaye said  his line department is only involved during loan negotiation.
> He
> promised to  come with the project design in the future.
>
> FORMER PRINCIPAL'S CASE  RE-ADJOURNED
> By Modou Jonga
> The trial involving Mr. William Forster, a  former principal at Foster
> Academy in Brikama was on Thursday adjourned to 4th  January 2007 due to
> the absence
> of the police prosecutor. The accused (Mr.  William Foster) was arraigned
> before the Brikama Magistrate Court presided over  by E.F. Mbai, on a
> charge of
> willful damage to personal property, being the  windscreen of a vehicle
> with
> registration number WD 025A. He pleaded not guilty  to the charge. The
> alleged
> offence was said to have been committed at the main  Garage in Brikama.
> The
> prosecutor holding brief for the prosecutor 1831 Sanyang  was 29 Saine and
> the
> accused and his defence counsel, Sydney Riley, were also  present in
> court.
>
> ATHLETE'S PASSORT THEFT CASE DEFERRED
> By Modou  Jonga
> The case of Abdoulie Bamba Njie (the accused) versus the I.G.Pon  Thursday
> 7th December 2006 was adjourned to 4th January, 2007 by the presiding
> Magistrate E.F. Mbai. Mr. Njie pleaded not guilty for allegedly stealing
> a  passport
> belonging to Ansu Sowe, a well known Gambian athlete. The
> alleged  passport
> theft is said to have happened on the 31st August 2006 at the Banjul
> International Airport. The defence counsel Sydney Riley and the accused
> were  present in
> court. Prosecutor 629 Saine, holding brief for ASP Badjie in applying  for
> an
> adjournment said the latter is absent and that the witness to testify was
> unavailable and as such the case could not proceed.
>
> FODAY BAH'S  TRIAL RE-ADJOURNED
> By Modou Jonga
> The trial of Foday Bah, a supporter of  the United Democratic Party,
> versus
> the IPG was on Thursday 7th December, 2006  adjourned to 4th January 2007
> by
> Magistrate E.F Mbai. Mr. Bah a resident of  Sinchu Alagie, is alleged to
> have
> violated section 91 (a) of the Election Decree  during the Presidential
> Election. In his application for adjournment, prosecutor  413 Sanyang
> informed the
> court that the prosecutor is yet to receive the file of  the said case
> from the
> Attorney General's Chambers where it was earlier sent for  legal advice.
> The
> accused who pleaded not quilty was present in court while his  lawyer,
> Counsel
> Neneh Cham Chongan, was not present in court as she was said to  be
> attending
> the court martial at the Yundum Military  Barracks.
>
> EBRIMA JALLOW'S TRIAL RE-ADJOURNED
> By Modou  Jonga
> The trial involving Ebrima Jallow and the state was on Thursday
> 7th  December
> adjourned to 21st December 2006 by the presiding Magistrate E.F. Mbai  due
> to
> the absence of the accused who is remanded in custody.
> The accused,  Ebrima Jallow, is alleged to have obtained goods by false
> pretence from one  Mariama Jallow in May this year at Gunjur. He, however,
> pleaded
> not guilty to  the charge of defrauding by false representation.
> The said Ebrima Jallow was  the alleged ring leader of five other
> impersonators arraigned in the Brikama  Magistrate Court sometime this
> year. The six said
> impersonators 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 handcuff.
>
> LAWYERS CAUTIONED ON DUBIOUS  PRACTICES
> By Bubacarr K. Sowe
> Dr. Henry Carrol, the Acting Solicitor  General has called on lawyers to
> desist from practices detrimental to their  profession. Addressing a
> gathering for
> the swearing-in ceremony of two members  to the bar recently, Dr. Carrol
> said
> that they have been receiving complaints  about ill-practices some lawyers
> are engaged in.
> He advised barristers to  maintain their impeccable integrity and that of
> the
> profession. "Always aim for  the excellent," he said. The Chief Justice,
> Abdou Karim Savage said legal  practising is founded on learning,
> advocacy,
> ethics, selflessness and service to  the people.
> "Legal practitioners have the public duty of providing guidance  and
> assistance to all manner of persons within a framework of rules,
> regulations  and
> procedures that primarily ensure the rule of law," said the
> Chief  Justice.
> Amie Bensouda, the president of The Gambia Bar Association said like  all
> commonwealth jurisdictions, The Gambian Bar also faces many challenges.
> She  said
> that some of the challenges are external, arising from limitations of the
> environment in which they operate.
> "Others are internal to the profession and  require that both individually
> and collectively we are effectively organise to  take up our role in
> upholding
> professional standards and ethics, protecting our  members from
> persecution and
> improper restrictions and infringements, providing  legal services to all
> in
> need of them, and cooperating with governmental and  other institutions in
> furt
> hering the ends of justice and the public interest,"  Madam Bensouda
> pointed
> out.
>
> COURT FINES DRIVERS
> By Modou  Jonga
> The Brikama Magistrate Court has fined three drivers who pleaded
> guilty  to
> various traffic charges preferred against them.
> The trio, Omar Dibba,  Alieu Touray and Seedy Saho were arraigned before
> Magistrate E.F Mbai on  Wednesday 6th December, 2006. However, the fourth
> defendant, Musa Sanneh was  cautioned and discharged by the Magistrate for
> unlicensed
> driving based on the  latter's manifest remorse and guilty plea.
> Police prosecutor 1320 Bojang  represented the Inspector General Omar
> Dibba,
> the first defendant, was charged  with obstruction of public highway and
> fined
> D1000 (one thousand dalasis) or in  default serve three months in prison.
> The
> second defendant (Alieu Touray)  charged for unfunctioning rear braking
> system, was fined D1000 (one thousand  dalasis) or in default to serve
> three months
> in prison. However, the third  defendant, Seedy Saho, who charged with
> carrying unlicensed passengers had been  fined D500 (five hundred dalasis)
> or to
> serve one months in prison and was  further warned to desist from
> committing such
> act in the future. The last  defendant, Bakary Janneh, was meanwhile
> granted
> bail in the sum of D3000 (three  thousand dalasis) by a Gambian surety
> with a
> valid identity card, and who must  prove having means. The case was
> adjourned
> to 13th December 2006.
> In the  same court, earlier on 29th November, two drivers who pleaded
> guilty
> to various  traffic charges were also handed down with fines. The first
> defendant Papis  Kuyateh was fined D500 (five hundred dalasis) or in
> default will
> serve two  months in prison on count one for unlicenced driving and a
> further
> fine of D1000  (one thousand dalasis), in default to serve three months in
> prison on count two  for inefficient braking system.
>
> JESHWANG NAM LAID  TO REST
> By Fabakary B. Ceesay
> Honourable Mam Mbye Secka, the APRC National  Assembly Member for Jeshwang
> Constituency was laid to rest at the Ebo Town  Central Cemetry after
> passing
> away on Friday 8th December, 2006 at his residence  at Ebo Town. He died
> in the
> early hours of Friday morning.
> Honourable Secka  went unopposed at the National Assembly Elections in
> January 2002 when he was  sponsored by the ruling APRC party. This is the
> first time
> he has served as a  National Assembly member. He is also a member of the
> National Assembly Select  Committee on the Environment.
> According to family members, Mam Mbye has  always associated himself with
> the
> people and was a devoted Muslim and a  hardworking family man. They said
> that
> Mam Mbye was a youth mobiliser since his  youthful days. "This is why he
> was
> selected to represent Jeshwang at the  National level," they lamented.
> Family
> members noted his involvement in  organisations like the "Sotokoto Vous"
> in
> Banjul. According to them, he was the  Manager of the Karantaba Musical
> Band in
> the early 1980s.
> A resident of his  constituency noted that Mam Mbye has helped them build
> a
> skills centre for the  constituency.
> Honourable Secka, 56, is survived by three wives, two sons and  five
> daughters. Funeral service was held at the Ebo Town Central Mosque.
> On  Sunday 10th
> December, 2006, the community recited the Holy Quran at his  residence in
> pursuit of blessings.
>
> PA SALLAH JENG'S  TRIAL
> Financial Directress Testifies
> By Bubacarr K. Sowe
> Oumie  Sanneh-Badjie, Director of Finance at the Banjul City Council
> (BCC),
> on  Wednesday gave her testimony in the trial of mayor Pa Sallah Jeng of
> Banjul.  Appearing before Justice Monagen at the High Court, Mr.
> Sanneh-Badjie said
> that  in August 2005, the BCC made a payment of D10, 000.00 to EAP
> printing
> press for  the publication of a book entitled "In My Time."
> She said an invoice from the  printers was issued to BCC and she was
> authoritised by the Chief Executive  Officer to make the payments and upon
> which a
> receipt was issued by the  printers. On the payment of allowance, the
> finance
> directress said that prior to  the Finance and Audit Act of 2004, the BCC
> used to
> pay 130 pounds days to the  mayor. She said there is no written evidence
> to
> show that the Major should  receive the said amount, but it was a
> tradition at
> the counsel paying that  amount. She also said that even before becoming
> head
> of finance that was what  her colleagues pay to the mayor. Mrs.
> Sanneh-Badjie
> indicated that the council  is responsible for air tickets and allowances
> of
> staff and the present official  allowance is £100 and £90 pounds for the
> mayor
> and others, respectively.
> For  the purchase of a towing ambulance, Mrs. Sanneh-Badjie said that
> after
> being  approved by The Gambia Public Procurement Authority (GPPA) she was
> authorized by  the CEO to make payment.
> She added that at the time of purchase the towing  ambulance was brand new
> and cost them 350,000 .00 dalasis. On the purchase of  three compressors
> comparators, she said the council approved their purchase at a  council
> meeting in
> September 2003; that in November 2003, a written notice from  the mayor to
> the
> CEO authorized the part payment of 300,000 dalasis for the  three
> compressors
> comparators. She said that the payment of the sum of  1.5million dalasis,
> as
> the total cost of the compressors, has been completed  now.
> Mrs. Sanneh-Badjie further testified that between September and December
> 2004, a 25KVA generator was brought to the BBC by a friend of the mayor,
> following the disconnection of their electricity supply. She said that
> they were
> told by their technician that the generator was good. Mrs. Sanneh-Badjie
> explained that an invoice was brought to them and he was authorized by the
> CEO  to
> pay D15, 000.00 to the supplier. The trial continues on Monday,
> 11th  December.
>
>
> TREASON SUSPECT APPEARS IN  COURT
> Bubacarr K. Sowe
> Abdoulie Sonko, who is accused of leading the  military assault on the
> Farafenni Army barracks in 1996, on Thursday the 30th  November appeared
> before
> Justice Monageng at the High Court in Banjul.
> Sonko  informed the court that he wanted to defend himself until he has a
> lawyer.
> He  added that his lawyer has travelled and he cannot wait for him. He
> said
> his  concince is clear. He complained that his case has been dragging in
> court.
> A  senior lawyer, Ousainou Darboe who was in court informed the court that
> he
> will  talk to the President of the bar regarding Sonko's defence.
> Justice Monageng,  however, briefly ruled that it is a requirement by law
> that Sonko should have a  defence and she thus adjourned the case to the
> 14th of
> December.
> Abdoulie  Sonko is charged with different counts of murder and treason.
> The military  assault on the Farafenni Army barracks has left some
> soldiers
> dead. Sulayman  Sarr, Ballo Kanteh, Omar Dampha and Essa Baldeh were
> convicted
> and sentenced by  the court for taking part in the said incursion on the
> Farafenni  Barracks.
>
>
> AZIZ TAMBA SENTENCED
> The APRC assistant  deputy youth mobilisers; Mr. Aziz Tamba was on
> Wednesday
> December 6th sentenced  to a Jail term of eight (8) years with hard
> labour.
> Mr. Tamba who was arraigned  before principal magistrate Moses Richards
> pleaded
> guilty to two charges of  stealing and one on having an unlicensed pistol.
> According to the particulars of  offence Mr. Tamba, sometime this year
> went to
> some cattle dealers and took their  animals on false pretence and he also
> took
> some bags of rice from the APRC  'operation no compromise' stores without
> payment. The accused pleaded guilty to  both charges and begged for mercy.
> In
> delivering his judgment, Magistrate  Richards said that based on the
> accused person
> 's own plea of guilt, he was,  therefore sentencing him to 3years in jail
> for
> count one that is having an  unlicenced fire arm and 5years for count two
> that is stealing. Aziz Tamba was  immediately whisked away in a prison van
> to
> mile  two.
>
>
> Issue NO. 112/2006, 11-12 December,  2006
> Editorial
> TURNING A NEW LEAF?
> The President Is In  Command
> Section 191 of the constitution establishes the National Intelligence
> Agency. It states that "There shall be a National Intelligence Agency
> which  shall
> be under the command of the president."
> The president is in command of  the NIA. At this very moment, the
> operation
> of the NIA is governed by the  National Intelligence Agency Decree of
> 1995.
> Even though the Gambia government  need so review the decree and submit a
> bill to
> the National Assembly for its  amendment section 3 gives the NIA the
> following functions:
> "(a) obtain and  provide the government with information relating to
> actions
> or intentions of  persons which may be a threat to state security; (b)
> protect
> the security of the  state, generally, and in particular, protect the
> state
> against threats from  espionage, terrorism, and activities relating to
> sabotage
> undertaken by Gambians  or foreigners, agents of foreign powers,
> organisations or institutions; (c) take  adequate precautions to protect
> the state against
> actions which may undermine  the government or lead to the overthrow of
> the
> government through industrial,  violent or other means; (d) take necessary
> measures to safeguard the welfare and  economic well being of persons
> living in
> The Gambia, against threats posed by  internal or external aggressors; (e)
> investigate and obtain information relating  to the prevention or
> detection of
> serious or economic crime; and (f) undertake  such assignment as may be
> assigned
> to it by Council."
> It is therefore clear  that the NIA should be an Apex Institution for
> National Security which should  deal with serious crimes that threaten
> state
> security. Even the economic crimes  it should deal with should be those
> that are
> designed to undermine the economic  viability of the state such as money
> laundering, counterfeiting and so on and  cases of drug barons who can
> establish
> terrorist gangs to threaten state  security.
> The new Director General of NIA should prepare a blue print  of what a
> National Intelligence Agency should be for consideration by
> the  executive. The
> institution needs to define the scope of it operation in relation  to
> other law
> enforcement agencies so as to avoid duplication of  responsibilities.
> There is need for clear demarcation of responsibilities so  that detention
> without trial for more than 72 hours will be history unless this  becomes
> history. One cannot claim that the past is no longer with us.
> As the  president assumes a new term of office we hope it will give rise
> to a
> new  approach to government.
>
> FORMER FONI KANSALA CHIEF AND OTHERS  ARRESTED
> By Modou Jonga
> Mr. Modou Lamin Nyassi the former chief of Foni  Kansala and two other
> persons, all residents of Bwiam village in the Foni  Kansala District are
> in
> detention, family sources said.
> The other two  persons are Ndongo Mboob, a supporter of the ruling APRC
> party, and Buba  Sanyang. The three people were allegedly picked up on the
> same day
> by plain  cloth officers. The family members said they have made efforts
> to
> establish the  whereabouts of their loved ones, but their efforts did not
> bear
> fruits. "We  visited the state central prison, the police and the NIA
> headquarters but we  were unable to locate their whereabouts,' emphasised
> a family
> source.
>
>
> STATE URGED TO SHOW COMMITMENT IN MAYOR JENG'S  TRIAL
> By Babucarr K. Sowe
> Lamin S. Camara, Counsel for Pa Sallah Jeng (the  Mayor of Banjul) has
> urged
> the state to demonstrate commitment by bringing  witnesses before the High
> Court in order to avoid delay in the case. Appearing  before Justice
> Monageng on
> Tuesday, Lawyer Camara said it is displeasure to see  the case delayed
> both on
> Monday and Tuesday due to the absence of the  prosecution witness.
> "We are always here. The state has to demonstrate a  similar commitment on
> this matter," he told the court. The state counsel Merley  Wood told the
> court
> that it is unfortunate that they could not bring the witness  on Monday
> and
> Tuesday. On Monday, the matter was adjourned to Tuesday following  the
> absence of
> the prosecution witness. The court ruled that it will consider  the
> inability
> of the prosecution to bring the witness to court and adjourned the  case
> to
> 18th of December.
>
>
> 26 PURPORTED SEX WORKERS PLEAD  GUILTY
> By Yaya Bajo
> Twenty six purported sex workers pleaded guilty when  they were arraigned
> before Magistrate Richards of Bundung Magistrates Court on  Monday 11th
> December
> 2006 on a charge of rogues and vagabonds. The sex workers  who numbered
> about
> 31 were arrested after police raids within the Kanifing  Municipality. The
> arrested sex workers were charged with being rogues and  vagabonds
> contrary to
> section 167 (b) Criminal Code Cap 10 Volume III laws of  the Gambia. Most
> of the
> sex workers pleaded guilty to the charge that was  preferred against them,
> but five of them pleaded not guilty. They are to be  tried separately.
> Delivering his judgement for the 26, Moses Richards of the  Bundung
> Magistrates court ruled that prostitution is not a crime, but the act
> of  soliciting
> customers for prostitution is a criminal act, which is punishable by  law.
> He
> warned that if any one of them wants to practice the trade let
> that  person stay
> in her house for men to find her there. They must desist from this  evil
> practice of soliciting customers, he posited. Magistrate Richards
> added  that the
> evil practices might lead to the upsurge of sexually
> transmissible  infections
> in the society,
> He cautioned them to be careful of their own  health.
> The Magistrate vowed that he would send all of them to prison in  order to
> send clear signal to others and to deter them from committing
> similar  offences.
> At this juncture, Lawyer Lamin Jobarteh intervened and pleaded on  their
> (sex
> workers') behalf in spite of the fact that he was not holding brief  for
> any
> of them. Your worship, some of them are nursing mothers and if they
> are  taken
> to prison, who will take care of their children for them? He asked. Lawyer
> Jobarteh maintained that he did not condone their act, but for
> humanitarian
> reasons, they deserved leniency from the court.
> Magistrate Richards then  ruled that he is ordering the 26 women to keep
> the
> peace and be good role models  by desisting from the practice. He said he
> would let them go, but if they are  arraigned before him within the next
> 12 mouths
> for committing a crime, they  would be automatically sent to prison for
> six
> mouths for the present offence,  and then tried for the fresh crime. He
> therefore ordered the police to take all  their photographs and thumb
> prints for
> identification purposes. The prosecutor  was 1748 Mballow of the Bundung
> Police
> Station
>
> CAPTAIN BUNJA DARBOE  PROTESTED
> Witness tells court
> By Fabakary B Ceesay &Annia  Gaye
> Detective Sergeant Boto Keita informed the court martial that
> Captain  Bunja
> Darboe protested that he wanted to see a Lawyer before he wrote
> his  statement.
> Sergeant Keita made this revelation on Saturday 9th December 2006,  at
> Yundum
> barracks in the ongoing court martial involving Captain Bunja Darboe,
> Captain Yaya Darboe and the other soldiers. A trial within trial has
> commenced  in
> the case of Captain Bunja Darboe. The aim of the trial within trial is to
> challenge the allegation that the undated cautionary statement made by
> Captain
> Bunja Darboe, was made voluntarily and to test whether an independent
> witness
> was present when the latter made the statement.
> Testifying before the court,  Detective Sergeant 1203 Boto Keita (TWTI)
> who
> is attached to the Major Crime  Unit at Police Head quarters in Banjul
> said he
> has served The Gambia Police  Force for sixteen years.
> He said he has been at the Major Crime Unit for one  year and one week.
> Sergeant Keita pointed out that on the 21st March 2006; he  was called by
> his
> commanding officer, Malamin Ceesay who asked him to report to  their
> office. He
> said he was assigned to be part of the panel that was setup
> to  investigate in to
> the foiled coup. He posited that Captain Bunja Darboe was  brought before
> the
> investigate panel (the panel that was set up to investigate  the alleged
> coup
> plot) at the NIA to explain his role and involvement in the  coup plot.
> Sergeant Keita said he introduced an independent witness (Babou Loum)  to
> Captain
> Bunja Darboe, He asserted that he showed the cautionary warning
> to  Captain
> Darboe. He said Captain Darboe preferred to write his own statement.
> He  added
> that Captain Darboe and Babou Loum both signed the statement and he
> signed  as
> the officer who cautioned him. Mr. Keita was shown the said statement. He
> recognised the statement by identifying the name of Babou Loum and
> his  signature.
> He also identified his own signature. At this juncture, the  prosecutor
> tendered the statement and it was marked exhibit TWT one  (1).
> Cross Examination by Lawyer Lamin S Camara
> During cross examination,  counsel Lamin S. Camara asked Detective Sergant
> Boto Keita to tell the court the  date the statement was written.
> Detective
> sergant Keita replied that he could  not remember the actual date. He said
> it was
> in the early part of May. Mr.  Camara asked him to look at page one of the
> statements (TWTI) and tell the court  whose writing is on it. Keita
> replied that
> it is his own writing. He said that  the accused person only wrote his
> name,
> address and occupation. He accepted that  the accused person did the same
> writing on pages 1, 2, 3 and 4. Lawyer Camara  asked him to tell the court
> what the
> accused person did not write on the  statement, he said the name of the
> independent witness and his address. Lawyer  Camara asked him to tell the
> court
> when he knew Babou Loum, and he replied 'In  2004, when he joined office
> with
> Sergeant Ndure in Banjul.' Sergeant Keita said  he does not know the
> ethnicity of
> Babou Loum, but he knows Loum speaks Wollof  and English.
> Mr. Keita indicated that he could not remember the time the  statement
> (TWT1)
> was taken at the NIA, but that it was in the morning. Mr.  Camara asked
> him
> why TWT1 is not dated and whether it is usual for cautionary  statements
> to be
> undated. Keita said he does not know why it was not dated, but  it
> sometimes
> happens. Camara asked him to tell the court what an additional  statement
> mean
> in police language. Keita said it means the statement was made  after the
> first one.
> Camara asked him who could have written the small 2 on  the statement, he
> said he did not know. 'I'm putting it to you that the accused  wanted to
> write
> the date and you asked him not to,' said Camara.
> Keita said  he did not do so. Counsel Camara asked him whether the 2 was
> part
> of the accused  person's signature, he replied in the negative. Camara
> asked
> him why the 2 is on  the statement. Keita replied,   "I don't know why it
> was
> there"  Lawyer. Camara further asked him what was the condition of the
> accused person on  the day he wrote TWT1. Sergeant Boto Keita said Bunja
> appeared
> normal before  him. Keita indicated that he did not notice anything on the
> body
> of the accused  person He added that the accused was not under his custody
> prior to the making  of the statement (TWT1). Counsel Camara asked him
> whether he
> knew what happened  to the accused person prior to the making of the
> statement (TWT1). Keita said he  did not know. Camara finally asked him
> whether all
> the other statements were  dated apart from TWTI, he replied in the
> positive.
> Cross Examination by Borry  S. Touray
> Lawyer Borry Touray asked him whether he advised the accused person  of
> his
> right to a counsel before obtaining the statement from him.
> Detective  Keita
> replied in the negative. Touray asked him whether it is correct that Bunja
> protested to see a lawyer before he wrote the statement (TWT1), Keita
> replied in
> the positive. Touray asked him whether he noticed a bandage on the hand of
> the
> accused person. Keita said he did not notice that because Bunja was
> wearing
> a  long sleeve. Touray asked him whether he could remember that TWT1 was
> obtained  at the conference hall where the panel normally sat and that it
> was in
> the  presence of his boss, Malamin Ceesay. Keita replied in the negative.
> Touray
> put  it to him that TWT1 was copied 'word to word' from the statement he
> made on the  22nd March 2006; Keita said he did not know.
>
> MAGISTRATE RICHARDS  VOWS TO PUNISH
> By Yaya  Bajo
> Magistrate Moses Richards has asked the  police to probe into the
> operational
> legality of Bakadaji, Class One and City  Pub Bar with immediate effect.
> Magistrate Richards made this statement when the  police prosecutor 1748
> Mballow
> informed him (Richards) that the police received  a tip off that these
> bars and
> restaurants were being used as an avenue for sex  trade.
> Magistrate Richards told the police to investigate the
> operational  licences
> and other legal documents obtained by the Managers of the above
> named  bars
> and brothels. He ordered the police to summon any of them for
> prosecution  if
> they are found to be operating with inappropriate documents. He said such
> managers would be charge for keeping brothels contrary to section 138 of
> the
> Criminal Code.
> Magistrate Richards further urged the police to continue  hunting
> prostitutes
> in bars and brothels around Fajara, Tallinding, Manjai kunda  and the
> Tourism
> Development Areca (TDA) in order to root out this evil practice,  which is
> inimical to our society's moral valves. 'Bring their proprietors too,
> I  will
> try than accordingly', he ordered.
>
>
> DEFENDANT  ORDERED TO PAY D93, 000 TO PLAINTIFF
> By Yaya Bajo
> One Babucarr Cham was on  Friday admitted that he owed an amount of D93,
> 000
> (Ninety-three thousands  dalasi) to one Mariama Dahaba. The said debt is
> in
> respect of a plot of land the  plaintiff paid for, but the defendant did
> not
> give her the title deed of the  land.
> According to the fact sheet, the defendant,  Babucarr Cham,   received an
> amount of D93,000.00 from the family of Mariama Dahaba for the sale  of a
> piece
> of land, but the defendant failed to deliver the title deed of   the said
> piece
> of land to the family of the complainant. The defendant  acknowledged to
> have
> received the above mentioned amount of money from the  complainant. The
> presiding Magistrate Moses Richards, ruled in favour of the  complainant.
> "Having
> the defendant admitting to have received the money from the  complainant,
> I
> have entered judgment in favour of the complainant and the  defendant must
> pay
> her (complainant) the sum of D93,000 plus D1000 as  compensation;" he
> stated. He
> urged the defendant to effect payment within two  weeks from the day the
> verdict has been handed down.
>
>
> MAN  CONVICTED FOR STORE BREAKING
> By Modou Jonga
> Lamin Gassama , a resident of  Farato village, was on Monday 4th December,
> 2006 convicted by Magistrate E.F  Mbai on two counts of charge.
> The accused, on count one, is charged with  store breaking in the month of
> October 2006 in Farato village with intent to  commit felony. The same
> accused
> on count two, is also charged, with stealing  contrary to Section 252 of
> the
> Criminal Code.
> The said stolen items included,  a pedal bicycle valued at D1, 400 (one
> thousand four hundred), a wheel barrow  valued at D1, 300.00 (one thousand
> three
> hundred) and a Tile Cutter, the value  of which is not known. The total
> valued
> of the stolen items is D2700.00 (one  thousand seven hundred). The accused
> thus
> pleaded guilty on both counts  preferred against him. These stolen items
> are
> said to be the property of one  Bakary Demba.
> In narrating the facts before the court prosecutor 1831 said  that with
> regard to the said theft and store breaking, a complain by
> the  complainant was
> lodged to the Brikama Police Station. The matter said the  prosecutor, was
> then
> forwarded to the CID office at the said station. After an  intensive
> investigation, the bicycle was recovered which led to the
> subsequently  arrest of the
> accused person which in turn led to the recovery of the other  stolen
> items.
> said the prosecutor. The picture of the stolen items was tendered  and
> admitted
> as evidence without objection by the accused.
> Subsequently the  accused was sentenced to nine months in Prison with hard
> labour on the two  counts consecutively.
>
>
> COURT ISSUES BENCH WARRANT FOR  REPATRIATED MIGRANTS
> By Modou Jonga
> The Brikama Magistrate Court on  Tuesday, 12th December 2006, issued a
> bench
> warrant for the arrest of twelve  repatriated migrants. The repatriated
> migrants are charged with criminal  offences.
> The twelve accused persons are part of a group of thirty accused  persons
> standing trial at the said court for malicious damage to the property
> of  the
> Gambia Civil Aviation
> Authority at the Banjul International  Airport.
> The thirty-repatriated Gambian migrants were arraigned on 29th  November.
> Fifteen of them were present that day. The accused persons who
> were  present on
> Tuesday were each granted bail in the sum of D3000.00 and must  provide a
> Gambian surety who must fullfil the bail condition.
> The magistrate  further said that the bail could be revoked if the accused
> persons failed to be  in court on the adjourned date (19th December, 2006)
> the
> accused persons are yet  to take their plea.
>
> KEBBARINGO JAMMEH & CO DETAINED AT MILE  II
> The councilor of Kanilai Ward, Kebbaringo Jammeh and one Alphusiney Jammeh
> are currently incarcerated at the Mile Two Central Prison, a source told
> this
> paper.
> The source informed this paper that the duos have been lasguishing at  the
> State Central Prison for the past months. State security agents
> several  mouths
> ago arrested the three natives of Fogni. Their family members
> have  expressed
> shock over the disappearance of their loved ones.
> In a separate  development, Abdoulie Jobe, the Former Managing Director of
> NAWEC who was  arrested and detained at Mile Two Central Prison, was
> released on
> Sunday.
> However Foroyaa is yet to establish the whereabouts of
> Messr-Haruna  Jammeh,
> Jasaja Kujabi, Tamba Fofana and Mrs. Macie Jammeh who were all
> arrested  by
> security forces several mouths ago.
>
>
> CHILDREN'S  ACT LAUNCHED
> By Amie Sanneh
> The Athorney General and Secretary of Stated  for Justice, Kebba Sanyang
> on
> Monday launched the Children's Act at t a ceremony  held at the Kairaba
> Beach
> Hotel.
> The SOS for justice said the Children's Act  is an Act that sets out the
> Rights and Responsibilities of Children. He said the  Act seeks to
> consolidate the
> laws relating to children and it also provides for  the establishment of a
> children's court. He further stated that the Act provides  a criminal
> justice
> system for children.
> He added that the enactment of the  children's Act in 2005 is a
> manifestation
> of the commitment of Government in  domesticating the United Nations
> convention on the Rights of the child (UNCRC),  which was ratified on the
> 3rd of
> August 1990.
> SOS Sanyang described the  convention as a landmark international
> instrument
> that sets but a comprehensive  vision of basis that any civilized nation
> must
> assure its children.
> The SOS  outlined the structure of the Act, which he said contains 242
> substantive  provisions dealing with children's right.
> He told the gathering that  significant achievements in many aspects of
> the
> convention such as education,  health and child welfare have been made,
> Also speaking at the launching, the  Chief Justice, Abdou Karim Sawage,
> said
> the children's policy and children's Act  of 2005 speaks volumes of the
> steps
> taken to give meaning to children and  matters relating to them.
> The children's Act he noted led to the  establishment of the first
> Children'
> s Count at the Kanifing Magistrates Court.  This court is devoted solely
> to
> issues relating to children and young persons  and is designed to be user
> friendly, he said.
> He said his office plans to  provide a comprehensive training programme
> for
> members of the panel.   Speaking earlier the UNICEF Representative, Cheryl
> Gregory Faye, said the  enactment of the children' Act makes the Gambia
> among few
> countries in the  region that have fully harmonized their domestic laws
> with
> the CRC. The Act she  said needs to be popularized in order to offer the
> legal
> protection its drafters  envisaged. Madam Faye said all the procedures;
> miles
> and institutional  mechanisms need to be in place in order to give full
> effect
> to the provisions of  the Act. "There must be adequate budgetary
> allocations
> to ensure the full and  effective implementation of the Act," she said.
>
>
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