Foroyaa Newspaper Burning Issues
Issue No. 48/2007, 27 - 29 April, 2007
Editorial
The Court Is An Open Court
All courts and tribunals in the Gambia are open courts and tribunals and
their proceedings are to be held in public. This is the requirement of the
Constitution. Section 24(2) of the Constitution states:
“All proceedings of every court and proceedings relating to the
determination of the existence or extent of civil rights or obligations before any other
authority including the announcement of the decision of the court or other
authority, shall be held in public:.
Provided that the court or other authority may, to such extent as it may
consider necessary or expedient in circumstances where publicity would prejudice
the interests of justice or interlocutory civil proceedings, or to such
extent as it may be empowered or required by law to do so in the interest of
defence, public safety, public order, public morality, the welfare of persons
under the age of eighteen years or the protection of the private lives of
persons concerned in the proceedings, exclude from its proceedings persons other
than the parties thereto and their legal representatives.”
In short, a court cannot simply bar the public including journalists from
attending all its proceedings. (“Journalists are not allowed in the court”).
On the contrary, using the proviso as a guide each case or proceeding may be
evaluated to consider whether it is necessary or expedient to conduct such
case or proceedings in camera. The point is that justice must not only be done
but must be seen to be done.
JUDGE RAISES CONCERN OVER INMATE’S CONDITION
By Bubacarr K. Sowe
The High Court Judge made this point on Tuesday, April 24th, when the inmate
appeared before her.
Ceesay looked frail and weak, moving his legs abnormally.
Justice Monageng brought it to the notice of a medical prison officer,
Bakary Kujabi, widely called Wharf, that Mr. Ceesay’s health is deteriorating
anytime she sees him.
“I am really concerned. Wharf is happening in the prison? This man has been
coming to my court and he is going down and down,” the Judge said.
DOCKWORKERS’ DEMANDS MET
By Isatou Bittaye
The Secretary General of The Gambia Dock and Marine Workers’ Union , Mr.
Landing Sanyang told Foroyaa that their demands had been met.
Mr. Sanyang said that the gangs had been filled and that the promotion list
would be out on Wednesday. He further said that the other demand which
concerns the payment mechanism will also be met. Mr. Sanyang indicated that a
collective bargaining committee is formed which comprises of seven Dock Workers,
representatives for Gambia Ports Authority, the Commissioner of Labour and
Representatives for Port Labour Board. He said that the collective bargaining
committee will meet on the 9 May and that the prices will be discussed in the
meeting.
Sanyang added that a meeting was held on Tuesday where GPA, Commissioner of
Labour, the Port Labour Board and the Permanent Secretary for Department of
State for Works, Construction and Infrastructure were all present. He noted
that the shipping Agency is responsible for the paying of Dockworkers but it is
done through a contract with GPA. Mr. Sanyang further said that everything
will be settled by the 9 May and all demands will be met.
INDEPENDENT WITNESS RE-APPEARS IN TREASON TRIAL
By Bubacarr K. Sowe & Yaya Dampha
Babou Loum, who served as an independent witness at the time of obtaining
statements from the four civilian accused persons of participating in the March
2006 alleged failed coup on Wednesday re-appeared at the High Court for
cross-examination before Justice Avril Anin-Yeboah.
Under vigorous cross-examination by defence counsel Lamin Jobarteh, Loum
said that he does not know when Tamsir Jasseh and Alieu Jobe, the fifth and
sixth accused persons were arrested. He also said that he does not know where
they were held from the time of their arrest to the day he appeared as an
independent witness.
Loum told the court that Alieu Jobe’s statement was taken in the morning and
Omar Faal Keita’s (seventh accused person’s) was obtained in the afternoon
but as he said he could not remember when Demba Dem’s (eighth accused person’
s) statement was taken.
He asserted that he was present when Alieu Job’s statement was being taken
which was in the presence of Sergeant Lamin Cham, Sergeant Boto Keita and
Inspector Abdoulie Sowe.
The witness said that Alieu Jobe wrote his own statement prior to which he
was questioned by Sergeant Boto Keita, was giving his statement, adding that
there were no armed men present.
He added that three statements were obtained from Omar Faal Keita and the
first one was on March 28, 2006 while the second and third statements were
obtained on April 2, 2006. He told the court that he does not know why the three
statements were taken, adding that three voluntary statements were also taken
from Omar Faal Keita which happened at the Mile Two Central Prisons.
Loum was shown two of Faal’s Statement’s and asked to read the place they
were taken. He answered that the statements were taken at the Major Crime Unit
at the Police Station.
Counsel Jobarteh then put it to him that Major Crimes Squad is not Mile Two,
and the witness answered yes. Jobarteh further put it to the witness that
only two statements were taken from Faal and not three. Loum responded that it
could be, because he might have forgotten since it was a long time now.
The witness adduced that Faal did sign and thumb printed the statements. He
said that Faal was speaking Wollof, Mandinka and English. When shown the
statements Loum said that there is nowhere in the statement which showed that
Faal was speaking English, but Mandinka.
He added that the statements showed to him that they were recorded at the
National Intelligence Agency (NIA) headquarters, but the voluntary statements
were taken at Mile Two because the Major Crimes office was moved there.
Loum testified that there was no armed men at the NIA when Faal’s statements
were being recorded, adding that the accused persons were brought there one
by one by the prisons officers. He further said that no lawyer was present
during the recording of the statements, stressing that he did not asked for a
lawyer. He was not present at the investigation panel when Faal appeared
before it and attested that nothing happened to him prior to the recording of the
statements. Through the accused person’s movement, he said, he knew nothing
happened to him.
On the statement of the eighth accused person, Demba Dem, Loum said that one
cautionary statement was taken from him, but could not tell how voluntary
statements were obtained from him. Loum told the court that he does not know
when Dem was arrested, but said that the statements were taken on March 30,
2006.
According to him, Dem did not write his statements which was recorded at the
Major Crimes Office which was moved to the NIA headquarters. Dem’s voluntary
statement was recorded on April 19, 2006 in the afternoon, also at the Major
Crimes Office at the NIA headquarters. Loum went on to say that when he was
called from Barra to serve as an independent witness he was told that Major
Crimes Office was moved to Mile Two. He also said when the statements were
shown to him he said that nothing like Mile Two Central Prison was written on
the documents.
He said that though Dem is literate, he preffered Lamin Cham (a police
detective) to write it down. Loum narrated that it was read to Dem and given to
him to read for himself as well.
He disclaimed the defence suggestion that he is the most untruthful witness
and denied being an NIA Agent, argueing that he is a video operator. The
trial continues next week.
MAN SUES WIFE FOR BIGAMY
By Fabakary B. Ceesay
One Daddy Adams of Kairaba Avenue , Fajara has sued his wife, Ndey Njie, to
the Cadi Court at Kanifing, alleging that she contracted a second marriage
with a Secretary of State without the first marriage being dissolved.
The first proceeding was scheduled for yesterday, Thursday 26 April.
However, when the case was called before a crowded court room, the defendant went
into court chambers and the matter was later held in camera. The reason for the
court to be in camera was not known to the public.
We cannot report on the proceeding since it was held in camera.
FOCUS ON POLITICS
SIGNS OF DISCONTENT GLARING; EMERGENCE OF GAMBIA ’S UNDER GROUND MOVEMENTS
If The President’s Citadel Is Not Safe, Where Else is Safe?
With Suwaibou Touray
We have been re-writing the Gambian history from pre-colonial to
post-independence era. We have dealt with the 1977 elections and its aftermath. We have
also dealt with the period of the second National development plan and the
corruption that ensued after it. We have stopped where we said what was however
becoming evident in 1977 only to close observers; was glaring in 1978 to
even those who were slumbering. This was why the Gambia Outlook observed in
their editorial as thus: “For the first time, there are some intellectuals who
feel left out without being offered any part to perform in the advancement of
the country.” The editor called on such intellectuals to approach the head of
state so that they could participate.
What was not however clear to the editor at the time was that all those who
wanted to participate in Jawara’s government had infact approached him at the
time. It was left with only those who wanted to remove him from power. It
was those radical elements who were not only dissatisfied with their lack of
participation but also completely and sometimes genuinely dissatisfied with the
lack of progress as well as the method of administration. They were also
unhappy with the rampant corruption prevailing at the time. These groups became
the thorn in the government’s flesh during the period. These were the Gambia ’
s underground movements.
It appeared that the intimidating tactics of the ruling party big-wigs and
the fact that the police or law enforcement agents’ lack of action to arrest
high rankers such as in the case of Karanta Jatta and Solo Darboe’s experience
at Sare Garaba may have not only hardened those who wanted to oppose the PPP
but made them distrust the legal (constitutional) methods of bringing about
change.
Secondly, the slogan that a government cannot be changed through the ballot
must have also made many radicals then to look for other methods.
There were some small organisations in the 70s who were just based in Banjul
but were not registered as political associations’ such as the Kent Street
Vous etc. Mr. Pengu George had registered his party “the Gambia Socialist
Revolutionary Party (GSRP) but his activity had not gone beyond the Greater
Banjul areas. The (MOJA-Gambia) read as “The Movement for Justice in Africa ”
-Gambia Chapter led by Mr. Koro Tijan Sallah had actually registered the
association, but the association had never filed candidates in any of the elections
that took place during the period.
MOJA-Gambia, however became very active not only in the Greater Banjul area
but throughout the country. It also coincided with the proliferation of
clandestine or underground leaflets which denounced government but also targeted
individual ministers that they deemed to have been corrupt. The leaflets which
appeared in cyclostyle form, nick named Sir Dawda as Fafa but mentioned all
other people by their real names as well as in metaphoric terms.
There was “The VOICE”, the Voice of the Future, and the Tonya.” The editors
were never actually known. The police also were placed on their toes on a
daily if not a minute basis. No one who was not part of these organizations
could know much about them. They wrote educative materials as well as criticized
the government by exposing what they deemed to be the underhanded deals or
kickbacks by ministers of state as well as high ranking officials. But the
publications were very hostile to the regime and their backers even those who
read them had to hide them. This was why the publishers would dispatch agents to
secretively distribute the leaflets by placing them in strategic locations
where literate people could easily access them. Their main objective was for
people to know what they were writing but they also aimed to recruit more
young people within their ranks.
It was not evident what mean they wanted to gain political power, but they
vehemently condemned coup d’etats as instrument to gain power.
They produced an underground leaflet, a clandestine Newspaper “THE VOICE.”
The Nation Newspaper wrote something on the “VOICE,” in their Saturday 9th
December 1978 edition, stated as thus’ “you see it by your door, you see it
on your office table, you see it on the streets, the “bantabas,” schools,
playgrounds, mosques, churches etc. who put it there? Nobody seems to say. The
man told the other. He was talking about the publication, “THE VOICE” now
circulating around Banjul and environs. Others called it the “mystery voice.”
They revealed the activities of ministers of state, public servants, and other
figures in Gambian Communities.”
The Nation continued: “THE VOICE would say,” the more they suppress us, the
more we shall fight; the more they try to deprive us of our basic human
rights, the more determined we are, underground activities breed underground
actions. “THE VOICE” always said; “If you think you will see me to threaten or
bribe me to be quiet, you are sadly mistaken because you will not see me and
not recognise me. Who am I? You want to make me a destitute to overcome me,
try.”
“MALARIA STILL A CONCERN AS 300-500 MILLION SUFFER ANNUALLY.” Says Fofana
By Sarjo Camara Singhateh
The Manager, National Malaria Control Programme Mr. Malang Fofana made this
remarks at a press briefing with the journalists at the NMCP/CIAM conference
hall in Kanifing. The press briefing brought all the partners in the fight
against malaria.
Mr. Fofana said Africa accounts for 90% of malaria cases and death. An
African Child, he said, dies every 30 seconds.
He stated that the briefing is in respect of the Africa Malaria Day
celebration which is scheduled for Wednesday, 25th April. He said this day is when 44
African leaders and Government Representative, in Abuja , Nigeria in 2000
made a commitment with an interim target of at least 60% of those suffering
from malaria to have prompt access to and are able to use correct, affordable,
and appropriate treatment within 24 hours of the onset of symptoms by 2005.
He said the theme for this year is “Free Africa from malaria now” (Roll
back malaria) slogan: “Partnership and leadership for results.”
Speaking at the meeting, the Director of CIAM (Centre for Innovation Against
Malaria) Dr. Ayo Palmer, said the fight against malaria is everyone’s
business. She said the fight against malaria will continue until malaria is
eradicated, that they have secured US$20.8 thousand for the five years campaign.
Adama Jagne-Sonko the Deputy Manager NMCP revealed that currently they are
reviewing across the country to know the malaria decline rate, but they have
this believe that malaria cases are coming down/reducing, according to Health
Facility data.
She said their aim is to reduce abortion, still birth, low birth weight and
anemia in pregnancy through the IPT methods/fansidar. Baba Balajo of CRS also
indicated that his office has distributed 137,907 (one hundred and
thirty-seven) bednets to their partners to make sure that people sleep under treated
nets especially children under five and pregnant women.
The vote of thanks was delivered by Omar Badjie of Health Education Unit. He
said malaria is still on the public agenda, as it continued to ruin our
economy as well.
MAN ARRESTED WITH FAKE DOLLARS
By Abdoulie Dibba
Information reaching this paper have it that a British National was on
Tuesday 17t April arrested by the Police at the Banjul International Airport with
fake US Dollars.
According to our sources, the Man arrived at the Airport on board the
Monarch Airlines at around 16:00hrs.
As he left the exit point, our sources said, he hired a taxi to take him to
his destination. Our sources further said, he pulled out some notes and gave
them to the driver to change it at the exchange Bureau.
Our sources also revealed that as the driver handed over the notes to the
lady over the counter, the lady detected that the notes were fake notes.
According to our sources, the man was called and the police were alerted,
which led to the arrest of the man. When this reporter contacted the police PRO
Nfamara Jobarteh, he confirmed the story and said the amount involved is US$
200 (two hundred US Dollars). He told this reporter that the man is a
British National and is currently helping the police with their investigation.
TWO SENTENCED FOR ASSAULTING NAWEC WORKERS
By Yaya Bajo
Magistrate Amina Saho of the Bundung Magistrates Court on Monday, sentenced
one Yusupha Jammeh and Siaka Jammeh to a fine of D2, 500 each, in default to
serve one year imprisonment plus D2, 500 as compensation, in default to serve
another six months in prison for assaulting a team of NAWEC workers.
According to the charge sheet, the accused persons who were previously three
in number, Ebrima Jammeh, Yusupha Jammeh and Siaka Jammeh the first, second
and third accused persons respectively were charged for the offence of
assault contrary to section 230 (e) of Criminal Code of the Gambia 1990. All the
three accused persons pleaded guilty to the charge preferred against them. But
the first accused person Ebrima Jammeh was remitted to the children’s court
in Kanifing after declaring to the court that he is a minor of 17 years of age.
Magistrate Saho told the court that for matters concerning juvenile, the
Magistrate court has no jurisdiction to it and therefore should be remitted to
the children’s court at Kanifing. She cited sections 227, 230 and 231 (1) of
the Criminal Code, noting that any child who committed an offence with adult
must be remitted to the children’s court for appropriate punishment. She
therefore granted the 1st accused person Ebrima Jammeh bail in the sum of D5, 000
with a Gambian surety.
The trial of the second and the third accused persons proceeded with the
conviction and sentencing of the two for assaulting a team of NAWEC workers
while on the execution of their public duties. The Inspector General of Police
was represented by 772 Samateh.
COURT MARTIAL
NENEH CHAM’S ADDRESS
We wanted to publish the addresses of the defence and the prosecution before
the court delivered of Judgment. However we were unable to publish the
addresses of all the counsels. We will still continue with the initiative even
though the court has delivered judgment.
Neneh Cham Chongan, the counsel for the 9th and 10th accused persons, namely
Lance Corporal Babou Jahna and Private Alhaji Nying started her address by
stating that her clients are charged (jointly with other persons) before the
General Court Martial by indictment dated the 27th day of September 2006 with
the following offences;
Count 4: Failure to report mutiny contrary to section 47(e) of The Gambia
Armed Forces Act, Cap 19, Vol. 2 laws of the Gambia 1990.
Count 7: Concealment of treason contrary to section 36(a) of the Criminal
Code, Cap 10 Volume 3 laws of The Gambia 1990.
Count 8: Concealment of treason contrary to section 36(b) of the Criminal
Code, Cap 10 Volume 3, Laws of The Gambia 1990.
Neneh submitted that the prosecution called ten witness to prove it’s case
and on the 20th January 2007, closed it’s case. She said both the ninth and
tenth accused persons (Janha and Nying) opted not to give evidence and hereby
address the court on the sufficiency of the evidence led by the prosecution to
prove its case.
She said before the prosecution can succeed in proving the charges against
the 9th and 10th accused, they must prove that the accused had knowledge of
the Coup plot and concealed it and knowledge of mutiny and failed to report it.
She said the following issues fall for determination;
(1) Has the prosecution proved it’s case beyond reasonable doubt?
(a) Is there corroboration by law, section 38 of the Criminal Code
Cap 10 volume 3 Laws of The Gambia.
(b) Are the prosecution witnesses credible.
(2) What value if any do exhibits “P” and “M” have?
1. Has the Prosecution Proved it’s case beyond reasonable doubt?
She said in criminal cases, the law requires the prosecution to prove beyond
reasonable doubt that the 9th and 10th accused persons committed all the
offences they are charged with beyond reasonable doubt.
(a) Is there corroboration as required by law, section 38 of the
Criminal Code, Cap 10 Volume 3 Laws of The Gambia .
Neneh said section 38 of the Criminal Code, Cap 10, volume 3 Laws of The
Gambia requires there to be corroboration in proving the commission of
treasonable offences and as such section 180 of the Evidence Act does not apply here.
She said corroboration is lacking in the prosecution’s case.
She said, “the prosecution witnesses I submit are so conflicting and
contradictory that this court cannot safely rely on their evidence to convict. I
submit straightaway that it is inaccurate when the prosecution claims that the
evidence in particular members of the panel who testified before this Court
Martial corroborated one another for example, PW1 Abdoulie Sowe gave evidence on
oath to the fact that the 9th accused Babou Janha narrated his story which
was recorded “In the presence of an independent witness” and also the fact
that the statement after recording by detective Boto Keita “was read over to
the accused” in Wollof. The recorder of the 9th accused statement PW9 Boto
Keita stated in his evidence before this court that there was no independent
witness during the recording of the 9th accused person’s statement and that
he read it over to him in English. These I submit are just a few of the
material contradictions in the evidence of 2 key prosecution witnesses. I submit
therefore this court cannot believe neither of the two. See the case of Aruna vs
The State 1990 NWLR Part 155p 125 at p134 para B-F where the Supreme Court
of Nigeria held “where the testimonies of the prosecution witnesses clearly
conflict, it is not open to the prosecution to pick and choose between the
testimonies. Similary, it is not open to the court to credit one and discredit
the other unless a foundation is laid for such course.”
I respectfully submit that what needs corroboration is the cogent proof for
the commission of the crime and not speculations and entirely circumstantial
evidence for example on the meaning or use of exhibits “P,J,K and L as is the
prosecution’s lame attempt to search for corroboration where it does not
exist-some of which not even in the language of the court. I humbly submit PW1
Abdoulie Sowe and PW5 can in no way be said to corroborate each other when
they are so contradictory in material facts.
(b) Are the prosecution witnesses credible? I submit no. the evidence of PW1
Abdoulie Sowe, the independent witness and other prosecution witnesses as
earlier shown are so contradictory in material facts and as such this Honourable
Court Ought not to rely on their evidence. I wish to point out that the only
evidence given in respect of Babou Janha and Alhagie Nying are their
voluntary statements, i.e. exhibits “AK” and “A” respectively both date the 19th
April 2006 are a complete denial of the changes put to both accused persons.”
3. What value if any do exhibits “P” and “M” have? I submit none. I submit
further that exhibit “M” is merely a video tape whose contents have not
been viewed by this court and I therefore submit that the prosecution can
neither speculate on it’s contents nor invite this Honourable Court Martial to act
on any such speculations. I humbly submit that in order for everyone to see
the actual contents of exhibit M, if any, it had to be viewed by all and to
afford the accused persons the opportunity to cross examine the witnesses
especially PW10 Nfally Jabang on its contents if they so desired I further submit
that none of the prosecution witnesses could or even identified any of the a
ccused persons (including the 9th and 10th accused persons) as appearing on
exhibit M (the tape) or as to anything that may have allegedly been said
about them in the said exhibit. All we heard from PW10 is speculations on how
exhibit M contained alleged confessions of the “accused persons” was
recorded, yet under cross examination, he admitted he “was not there during the
recording” and “could not know what transpired” there. PW10 made mention of
neither the 9th and 10th accused persons in respect of exhibit M. Similary I
submit, neither did PW1 and PW5 make any mention of the 9th nor the 10th accused
persons in respect of the same exhibit M.
We submit that the prosecution cannot speculate on or even create evidence
that was never led before the court when they say in 17.3 of their address “
that exhibit M contains the recorded statement of Captain Bunja Darboe,
Captain Yaya Darboe, Captain Wassa Camara and that of Tamsir Jasseh and Alieu Jobe
etc…”
She submitted that exhibit P which the prosecution sought to rely on so
heavily is merely a report, “a summary of the findings of the investigators” in
the course of investigating this case tendered by Lamin Jobarteh the counsel
for the 3rd accused (Wassa Camara). She said Exhibit P’s only value to the
court is for the fact that the prosecution witness claimed that a report was
made and no more and it can be of no benefit to the prosecution. She remarked,
“it is further my submission that there is no mention of either the 9th or
the 10th accused person in exhibits K and L, and the mere mention of the 9th
and 10th accused persons in exhibit J (a paper containing Arabic handwriting)
is of no moment. All this court has heard about exhibit J is officers none
of whom are the authors of the exhibit speculating on the meaning and effect
of it after the alleged fact. I submit that exhibit P (a summary of the
findings of the investigators) cannot be a substitute for the evidence on oath of
witnesses of fact who were deliberately not called to give evidence and be
cross-examined on their evidence. As crucial as the prosecution’s reliance on
the so called narrations of one Alieu Job, they chose not to call him to give
evidence on oath. I now submit that they cannot be allowed to “smuggle” in
this “evidence” through the back door” in exhibit “P” we submit that Alieu
Jobe is not a witness in this case, neither is he a co-accused and there is no
evidence before this court that he is an accomplice as such, therefore
section 181 of the Evidence Act 1994 is not applicable and cannot avail the
prosecution. And even assuming without conceding that Alieu Jobe or any other person
is an accomplice and had made confessions, Section 32 of the Evidence Act
1994 on the effect of confessions on co-accused persons applied-section 32
states that “confessions if voluntary, are deemed to be relevant facts as
against only the persons who made them” and I submit there is no evidence of any
such confessions or any other person. See also section 32 (2) of the same Act.”
She said the offences that the 9th and the 10th accused persons are charged
with are very serious, being treasonable and carrying a maximum penalty of
life imprisonment. She said that is the more reason why she submitted for the
need for cogent and reliable evidence to prove beyond reasonable doubt the
guilt of the accused persons.
Editors comment:
The acting director of public prosecution Emmanuel Fagbenel was contacted on
Friday, and he promised to provide us with a copy of the prosecution’s
address. Lamin Jobarteh, counsel for Wassa Camara said he is not in a position to
provide the media with a copy of his address.
BANSANG ALKALO BAILED
By Yaya Dampha
The criminal trial involving the Alkalo of Bansang Mr. Saiba Darbo and Mr.
Yero Sey resumed on Monday 23rd April at Bansang Court House. The duo are
charged with conspiracy to commit felony.
The prosecution has called two witnesses including the complainant, Mr.
Momodou Salif Touray.
In his testimony Momodou Salif Touray told the court that it was after a
fire disaster that burnt his compound at Sare Njobo that he realised that
sixteen (16) heads of cattle were missing from his herd. He said he had earlier on
reported the matter to the Gendarmerie at Kolda, Casamance in the Republic of
Senegal .
He said while Searching, he came to Sare Bojo in Jimara URR where he told
one Abdoulie Touray about his mission. He said Abdoulie told him that he saw
some cattle at Bansang which looked like stolen animals. Modou Salif Said upon
arrival at Bansang he saw eleven of his cattle and was told that five of the
eleven cattle valued at D34,000 were taken to the Alkalo of Bansang.
At this point CPL 1260 Colley the prosecutor in this matter applied for an
adjournment to enable him call his remaining witnesses.
The defence counsel, Lamin Jobarteh did not object to the prosecution’s
application but further applied for bail for his client.
The Alkalo was granted bail in the sum of one hundred thousand dalasis
(D100,000) with two Gambian sureties.
The case is adjourned till 10 of May, 2007. It was presided over by
Magistrate Amadou Tony Baldeh, a travelling Magistrate.
COUNCIL CHAIRMAN WARNS AGAINST ILLEGAL ERECTIONS
By Yaya N Dampha
The chairman of Mansakonko Area Council Mr. Wally Sanneh recently warned the
head of “chef de garage” (Garage chief) to desist from constructing illegal
structures in the car park.
The chairman’s warning came in the wake of an attempt made by the drivers
and chef de garage to construct a plat-form inside the car park. According to
them their attempt was to create a waiting shed for commuters and drivers.
However Chairman Sanneh said there are two existing waiting sheds in the garage
which are not normally used by the drivers. He warned them to desist from
their plan. He further told the drivers that they should know that they don’t
own the garage alone. He said anything they intend to do there, they should
consult the Area Council for advice or help.
DUDU KASSA JAATA AND CO. CASE
DEFENSE SUBMITS “NO CASE TO ANSWER”
By Fabakary B Ceesay
Upon the close of the prosecution’s case against Dudu Kassa Jaata and seven
others. Defense Counsel, Lamin S. Camara , on Monday 23 April, made a “no
case to answer” submission before Magistrate Mbacke of the Kanifing Magistrates’
Court.
In his submission, counsel Camara said that his “no case to answer”
submission is in pursuance to section 166 of criminal procedure code (CPC). He said
that there was no evidence by the prosecution to prove any of the offences
charged and that the defence had thoroughly examined the evidences under cross
examination. He warned that it will be unsafe to convict on the bases of
those evidences. He added that the prosecution witnesses had been manifestly so
unreliable that it will be unsafe to convict on the bases of their testimony.
Camara indicated that if the prosecution fails to prove even one element of
the charge, a “no case to answer” submission should be upheld. Camara noted
that the prosecution has filed nine witnesses, ranging from PW1 Sam Dubois to
PW9 Inspector Samba Sowe. He said that they tendered only one exhibit, the
iron bar allegedly found with the seventh accused person, Binta Njie.
Camara said PW1 Sam Dubois and PW2 Fatou Dubois, both said that Cherno Ndure
with others came to their compound on the 27 June 2006, while Cherno was
holding the iron bar and they were insulting them. Camara noted that Sam Dubois
said that he did not come out from his compound because he was held by his
family members but that he could see the accused person from inside his
compound, even though he said his compound fence is nine blocks high. He indicated
that Sam Dubois has confirmed that he did not know Cherno Ndure and that he
could not recognise him. Camara said that Sam Dubois has also said that he only
heard voices of some people he claimed to identify.
Counsel Camara said that the defence tendered the statement of Sam Dubois to
show the in consistency in his oral testimony at court and the written
statement at the Police Station. Camara added that PW2, Fatou Dubois said that she
went out to talk to Mamburama Jatta and said that she did not see the
accused person when the insults were being uttered. Camara also said that Fatou
Dubois said she wrote a statement to the police on the 28 June, 2006. He said
that, that statement was unreliable to the witness testimony in court. He said
that the court should not believe in her statement. “It is woefully
unreliable,” he said. Camara indicated that PW3, Lamin Cham, testified that the 4
accused (Lamin Jawara) appealed to S.O Sawaneh not to arrest Kassa Jaata but that
he (Lamin) will bring him (Kassa) to the police station. He said that Isatou
Jawara was arrested only because she insisted on going to the station
because her brother was arrested and that SPW4, Detective Manneh also said the same
thing. He said that S.O Sawaneh also admitted that Isatou Jawara did not
obstruct anybody; that she only insisted on going to the station due to her
brother’s arrest. Camara told the court that Detective Manneh said that he was
the only one who entered Jatta Kunda and never mentioned Lamin Cham; that he
did not mention that he (Lamin Jatta) also entered the compound. “The evidence
is very clear for itself and there was not evidence to support the charges
against the accused persons. Going father, Counsel Camara noted that Sirreh
Jammeh has testified and said that Cherno Ndure came to Bantankoto with the iron
bar on the 27 June 2006 and that he threatened to hit her with it.
Camara said that Binta Njie also said the same thing about the iron bar and
she (Binta Njie) seized the iron from Cherno. He added that Kaddy Sidibeh
also said the same thing. Camara reminded the court that PWs1, 8 and 9 said that
Cherno went to Sam Dubois’s compound with the iron bar. He said that the
evidence of PWs1,2,4 and 8 are inconsistent with the evidence of PW5, 6and 7
with respect to where Cherno was with the iron bar. Camara said that PW1 and PW2
said that Cherno went to Sam Dubois’s compound to kill Sam Dubois with the
iron bar, while PW5, 6, 7and 8 said that Cherno went to Bantangkoto and
attempted to hit Sirreh Jammeh with the same iron bar. He said that Sirreh Jammeh
did say that the iron bar was given to Sam Dubois by Binta Njie. Camara
indicated that the witness lied under oath that his statement was taken on the 27
June when it was actually on the 28 June 2006. Camara said Binta Njie never
said she gave the iron bar to Sam Dubois but to Fatou Badjie instead. He said
that PW7, Haddy Sidibeh said that all of them went to the police station on
the 27 June including Binta Njie and Sirreh Jammeh, but that Binta Njie did say
that she went to the police station a week later.
Camara lamented that none of the prosecution witnesses could say what
happened on the 1 August 2006 except S. O Sawaneh. Camara noted that S.O Sawaneh
admitted that he did not know what the second accused (Omar Jatta) has done.
Camara submitted that the minimum bench mark is that a “prima-facie” of the
case has not been established against any of the accused persons. There is no
evidence against Omar Jatta, Mariama Fatty, Mamburama Jatta and Isatou Jawara.
The evidence laid against Dudu Kassa Jaata, Lamin Jawara and Cherno Ndure
are manifestly unreliable and is not supported by any cogent evidence in law.
In this circumstances, I urge the court to uphold the no case submission and
acquit and discharge the accused persons”, Camara concluded.
The state prosecutor, Corporal 870 Amat Touray argued that the accused
persons were standing trial on three counts and that the prosecution has called
nine witnesses to prove their case. He submitted that they have proved their
case against the accused persons. 870 Touray indicated that the defense counsel’
s submission of no case to answer warrant the accused to enter their
defence. Touray argued that the defence’s submission does not hold water
. He urged the court to overrule the “no case to answer” submission and
uphold that the defense open their ease. Magistrate Abdoulie Mbacke ruled that
he will deliver his ruling on the issue on the next sitting on the 30 April
2007.
ECOWAS VICE PRESIDENT VISITS THE GAMBIA
By Sarjo Camara Singhateh
The Vice President of the Economic Commission of West African States, Mr
Jean de Dieu Somda pay a one day working visit to the Gambia on the 25th of
April 2007.
Shortly before his departure, after meeting with the SoS for Trade Mr. Abdou
Colley, Mr. Somda held a press briefing with the journalists at the Trade
department.
Mr. Somda said the purpose of his visit to the Gambia is to discuss issues
with the Trade Secretary that are in conformity with the Ecowas protocols
which will further strengthen the implementation of the commission’s programmes
and projects.
He further stated that the visit also entails similar issues that are on the
process since the transformation of Ecowas into a commission.
He said the commission is willing to bring all the member states on board to
make sure it functions properly.
Mr. Samda was accompanied by Mr. William Awinador Kanyirite, Director Office
of the President.
The briefing was chaired by Nures Jobe of the Ecowas Office in the Gambia .
Steve Biko Earn first League win as Hawks Falter Again
By Musa Barrow
Steve Biko’s dismal run in the division 1 league at least halted on
Wednesday when they nicked Hawks by a lone goal to zero to pick their first three
points.
The priceless goal came in the 56th minute through Lamin Camara when he
slipped through the Hawks’ defence to fire his side to their first win in the
2007 league season. The early second half goal triggered a vociferous attack by
Hawks who fought back to avoid a third defeat in a row, but Biko’s goalkeeper
was up to the task. Keeping fine saves to deny Hawks the chance to level the
score line and in turn conceding a series of corners.
Steve Biko sits on the bottom three of the league table after playing nine
matches drawing six matches losing two and winning one at the end of the first
round. While Hawks who last week where second on the table, have now slipped
further down then middle after losing three matches in a row.
Armed Forces Deny Bakau United
By Modou Nyang
Armed Forces FC forced Bakau United back into their miserable form in a lone
goal defeat at the Serrekunda East grounds.
James Jassey’s 5th minute goal in the first half was the difference as Bakau
United fought hard to avoid returning to the form that saw them lose six
games in eight matches. United came into the game basking from the gloat of
their last match win over Seaview, which earned them their first three points
since the commencement of the league season. But fine saves from the Soldiers
goalkeeper and resolute defending denied them the chance to go back into the
game.
Jassey lobbed the ball over the rushing United keeper when he was setup
inside the Bakau penalty area. Bakau United without star striker Pa Amadou Gai
(Daddy) fought hard to level terms and in the 28th and 30th minute Armed Forces
keeper dived to deny them an equalizer.
Issue No. 50/2007, 2 – 3 May 2007
Editorial
THE GROWING TREND OF TAXATION
The role of taxation in bringing about social development is more important
today than ever before. Development is inconceivable without investment.
Social development that is equitable has been the object of progressive taxation.
Progressive taxation does not lead to the scraping of the back of the poor
tax payer nor does it undermine progressive investment into the productive
base of the economy.
In short, taxation should not be a burden or fetter to the eradication of
poverty or the expansion of the productive base of the economy. One problem
that is featuring prominently in the Gambia is the emergence of the type of
taxation that is obstructing the promotion of the general welfare and production.
The debate among development specialists is the role of the state and
private sector in bringing about socio-economic development. Some claim that the
state should move away from owning productive enterprises and restrict itself
to the provisions of social services by levying taxes on income and private
enterprises.
Other development specialists claim the State should be a part owner of
productive enterprises and depend on dividends to maintain services. According to
them, a state which has sources of dividends will rely less on taxation to
finance public services.
In The Gambia, the State does own many public enterprises but the dividends
derived from them are grossly negligible, despite the high cost of the
services such as electricity, telecommunication and port charges.
Hence, the State still depends largely on taxation to maintain social
services. In 2006, taxation on income amounted to 260 million dalasis. In 2007, the
sum is supposed to increase to 350 million dalasis. Furthermore, taxation on
enterprises is supposed to increase from 425 million in 2006 to 485 million
dalasis in 2007. In short, the income of the country from taxation rose from
2. 7 billion in 2006 to 2.9 billion in 2007. Currently, the taxation system
has no regard for the poor or the emerging enterprises. The taxation system
therefore needs to be reviewed to ensure that it does not lead to the scraping
of the back of the poor, as well as to arrest investment initiatives into the
productive base of the economy.
In order to rationalise the taxation system and make it progressive, local
government and central government should harmonise their taxation system to
avoid excessive double taxation on income and enterprises. Furthermore, tax
exemption should be linked to any income that is less than one dollar a day. The
percentage of taxation should be variable according to income with those
having lower incomes carrying a lighter tax burden per percentage. Thirdly, a
strategy should be developed to identify companies that are reinvesting in the
productive base to expand employment and income as well as those that plough
resources into social services and give them tax exemption so as to
facilitate their growth and development.
TRADE UNIONS CALL FOR 300% PAY RISE
By Bubacarr K. Sowe
The Gambia National Trade Union Congress (GNTUC) in this year’s Workers’
Day resolution has recommended to the Department of State for Trade, Industry
and Employment a general salary increase of 300% across the board to all
categories of workers which they say will be at par with the consumer price index.
According to GNTUC prices on commodities are sky rocketing daily, making
very few employees to meet the basic necessities of life and salaries have not
increased by the same rate or percentage.
The Trade Union has also recommended to President Yahya Jammeh to consider
workers representation in the National Assembly, the councils and the rent
tribunal as a manifestation of workers participation in the decentralization
process.
The union also called on the Department of State for Trade, Industry and
Employment to convene a meeting of the tripartite structure to look into minimum
terms and conditions of work to suit the needs and aspirations of the
workers, employers and the government.
Recommendation for the Agriculture Department called for assistance to women
for adequate water supply; marketing, preservation and storage facilities;
and fishing and canning factories to manufacture and export their products.
On the public debt servicing, the trade unions called for cancellation of
the debts of low income countries that respect basic human and workers’ rights.
They also called for dialogue between trade unions and the Bretton Woods
Institutions in their surveillance of member countries’ macroeconomic policies.
The Union also said that there is a need to expand the scope of social
security and social protection to include unemployment; old age, invalidity,
survivor and family benefit and medical care.
They have urged the local government councils to improve the condition of
their cleansing service workers.
Since The Gambia became a member of the International Labour Organisation
(ILO), they said, the country has never been represented in the ILO June
Conference. They have therefore called for the allocation of a budget for a
tripartite delegation to attend the conference.
Unionists also argued that since the Labour Act 1990 was reviewed in 2002 to
suit the present needs and aspirations of workers, employers and the nation
at large, it is yet to be an act of parliament.
They also called for the compulsory membership of drivers into the new
Gamstar Insurance Scheme as death, disability or incapacity of drivers, who are
not covered by the motor third party scheme, can cause a serious loss indeed to
their dependants.
The GNTUC also called on President Jammeh and other stakeholders to assist
in rebuilding Edward Francis Small’s Statue at the Gamtel roundabout in Banjul
inorder to keep his legacy.
In a statement issued by The Gambia Workers’ Confederation. (GWC), and the
International Trade Union Confederation (ITUC), each and every person has a
right to decent work and a decent life. “For the vast millions to whom these
rights are but an aspiration; it is through the determination and collective
will of trade unions that this aspiration can become a reality; and for those
who today enjoy these rights in their daily lives, it is through their unions
that they will be defended and maintained,” the ITUC and GWC release stated.
WORLD PRESS FREEDOM DAY
Below is a press release issued by the GPU on World Press Freedom Day.
May 3rd 2007 marks World Press Freedom Day. Throughout the world, 3 May
serves as an occasion to inform the public of violations of the right to freedom
of expression and as a reminder that many journalists brave death or jail to
bring people their daily news. This year, UNESCO invites all participants
to discuss the rising challenges to the safety of media professionals,
identify the specific dangers journalists face when working in conflict areas,
consider the problem of impunity with regard to attacks on journalists, and
explore measures that can be taken to improve the safety of journalists. Based on
this call, the Gambia Press Union (GPU) has chosen as its theme Society, the
Media and Impunity.
“The rights to life and to liberty and integrity and security of person and
also to freedom of expression are fundamental human rights that are
recognized and guaranteed by international conventions and instruments.” (UNESCO
Resolution, General Conference 1997)
The role of the media in promoting human rights is indisputable. To deny
this right is to deny the universality of information freedom — a basic human
right. Not only do free and independent media act as guardians of human rights
and watchdogs against abuses by authority, they also provide citizens with
the information they require to exercise their democratic rights, notably in
times of election. The media also disseminates information that is crucial for
the life and development of communities. They have an essential contribution
to make to the achievement, scheduled for 2015, of the United Nations’
Millennium Goals, including the eradication of extreme poverty, achieving
universal basic education, promoting gender equality and combating HIV-AIDS. It is
undisputable that The Gambian media has played a pivotal role in informing,
educating and entertaining The Gambian public.
It is also acknowledged that the space has been provided for the independent
press to participate in information dissemination. There is a vibrant
private press and journalists are invited to press conferences and government and
civil society functions. At the level of the judiciary, they have been
allowed access to the courts including high profile cases such as the treason
trials and in the case of the legislature they report on the National Assembly
proceedings. Thus the 4th estate has improved relations with the three arms
of government.
In The Gambia one of the major topics to be discussed during Press Freedom
Day will be dedicated to an extremely grave and disquieting problem that is
the arrests and detention of Gambian journalists without taking them to trial.
We are also concerned about the majority of crimes committed against
journalists and other media professionals that remain unpunished. The case of Fatou
Jaw Manneh, the continued disappearance/detention of Chief Ebrima Manneh and
the protracted court case of Lamin Fatty are issues of concern.
In exercising their duties, journalists and other media people are at risk
to their persons and properties. Deyda Hydara lost his life and the
perpetrators of this heinous crime have not yet been brought to book. The printing
press of the Independent Newspaper has been burnt down and Radio 1 FM was also
burnt down. It is disheartening that the perpetrators of these crimes go
unpunished. “Impunity is freedom from punishment or injury.” The fact
that these crimes have gone unpunished has been a grey area between the
independent press and government and has served to force the press to impose self
censorship. It has also served to make the Press especially the private
electronic media to focus on less sensitive areas and to avoid governance and other
issues.
According to Timothy Balding, CEO of the World Association of Newspapers
stated “The number of crimes against journalists’ violence against media
professionals and their institutions remains one of the greatest threats to freedom
of expression and press freedom. According to Reporters Without Borders, 75
journalists and 32 media staff have been killed last year making 2006 the
deadliest year on record. “Journalism today is more dangerous than ever. More
than 500 journalists have been killed in the past decade, often for simply
doing their jobs. These murders are a direct attack not only on individuals, but
also on society as a whole. Yet few of the killers are ever brought to justice
”
In the last 15 years, according to the Committee to Protect Journalists,
about 85 per cent of all journalists’ murderers faced neither investigation nor
prosecution for their crimes. “Even when murders were more fully investigated
and some convictions obtained, the masterminds were brought to justice in
just seven per cent of the cases”.
Murder, imprisonment and threats against journalists constitute a grave
violation against the freedom of expression – and thus also threaten the
foundations of democracy. Impunity only makes the situation worse. As long as
perpetrators know that they will not be held accountable for the crimes they
commit, journalists remain easy targets.
In 1997, the General Conference of UNESCO adopted Resolution 29 “
Condemnation of violence against journalists” condemning violence against journalists.
It aims at sensitizing governments, international and regional organisations
on this topic and thus tries to fight against the existing culture of
impunity. It would be good to review with all of the professional partners the
efforts that have been made and the structures that have been built up in order to
implement this resolution.
“Press freedom is a cornerstone of human rights and a guarantee of other
freedoms. It encourages transparency and good governance; it ensures that, over
and above the mere rule of law, society enjoys the rule of true justice. There
are however, those who still question the value of freedom of speech to
their societies; those who argue that it threatens stability and endangers
progress; those who still consider freedom of speech an imposition from abroad and
not the indigenous expression of ‘all people’s demand’ for freedom.”
The GPU as a body is concerned about the promotion of the press and freedom
of expression. It believes in protecting and safeguarding the rights of the
journalists. All media persons, human rights activists and concerned persons
should join hands in advocating the rights of journalists and report
incidences violating press freedom, free expression and violation of rights of media
workers and rights activists guaranteed under existing national laws and
international instruments. We must not forget that continued vigilance is the
key to protect our rights and freedom.
Based on this we call on the Government, CSO, the general public to see 3rd
May, Press Freedom Day as:
· a day of action to encourage and develop initiatives in favor of the
freedom of the press;
· a day to assess the state of press freedom worldwide;
· a day to remind governments to respect their commitments to press freedom;
· a day to alert the public and to increase awareness of the importance of
freedom of the press;
· a day to reflect on and to encourage debate among media professionals on
the issues of press freedom and professional ethics;
· a day of remembrance for journalists who have lost their lives in the
exercise of their profession; and
· a day of support for media which fall victim to any measures which
restrain, or seek to abolish, freedom of the press.
The Gambia Press Union
Workers Use Sports For May Day
By Modou Nyang
Workers from various companies and institutions in the country yesterday
converged at the independence Stadium to participate in the popular May Day
sporting activities.
The programme which is organised by the Gambia National Olympic Committee,
GNOC annually, has now become the delight for workers throughout the country.
The day started with a procession of the participating companies and
institutions from Bakau Police Station to the Independence Stadium and then continued
with the competitions in various sporting activities after speeches
delivered by union leaders.
See our Friday issue for a wider reportage on the proceedings and a special
pictorial of the activities.
A Tribute to Comrade Ebou Madi Sillah
A Combatant’s Song
In the Earth below lay a Friend whose story is yet untold and whose song is
yet unsung
In this great guzzling City that has guttled many generations before us and
many to come after us.
In this Land, We are promised an after life where it will be happiness and
bliss and serenity.
This is now my Friend’s fixed place of abode
In this great city that has neither beginning nor end, time is boundless and
our Soldier is marching on armed with a rifle, GRANMA in hand, a piece of
Canvass, a Paint Brush, a barrel without a Nib with flowing colors of amber,
Saffron, Lilac, crimson and red. Here’s to you an endless, boundless
interlocking Landscape of spirals and currents, Images and forms to draw, to Sculpt, to
print, to think and reason with.
I have now ceased to see My Old Friend’s face, but vivid recollections of
him have left strong impressions of him in my conscious waking life, in my
dreams and in between waking and sleeping.
Nothing much has changed in a year since his departure even in this life’s
swift and unending Rat-race.
He knows that we love him just as well.
As in the Days he spent at Bokis hunting for Crabs, catching Tilapia
harvesting Ndengs and Oyster at sucking Seriti at Taati Perre
Those were his Days as a Pavement Artist. At Daara Baaba of Muusante and
Daara Arab at Oxford Street you rote-learned the Quran. Later you and I grounded
it with our brothers at Yundum.
I often refer to you as Ibrahim and you reply in a Whistle, a familiar tune
a mantra from the School of life at times we lapse into Akkabilaa but we were
younger then.
And now we are busy, grumpy old withering men with a vision and perhaps a
mission. Weary of playing a foolish sycophants game,
Tired of the groveling all to make a name and a pitiful gain, which is soon
to go in vain and in less pain.
Tomorrow Comrade I will call on you… but I have to die first to do so. Give
me a chance while I get my act together so that I have something to tell you
on our meeting.
Thankfully Comrade, Your Friends your Family, Colleagues, Students and the
World have not forgotten you as you have made your mark. For they too have
helped make you the person that you were yesterday.
By Baaba Sillah
IN ALLEGED HUSBAND MURDER TRIAL
3 OFFICERS TESTIFIES
By Fabakary B. Ceesay
The trial of Tabara Samba, who is facing a charge of murder, has proceeded
at the Kanifing Magistrates Court on Monday 30 April, before Pa Harry Jammeh.
Tabara is accused of pouring hot oil on her husband which led to his sudden
death.
The first prosecution witness (PW1) Detective Inspector Mary Sowe attached
to Kanifing Police Station, told the court in her testimony that sometime in
March at around 7:45am, she found the accused person. Tabara Samba sitting
behind the police station counter. She explained that she was told by one
officer, Corporal 35 Jah that the accused (Tabara) had poured hot oil on her husband
’s body while in bed sleeping. Inspector Sowe said that she later left for
the scene at Kanifing layout with the accused person together with detective
1682 Saidykhan and the brother of the deceased, Lamin Conteh. Mary narrated
that upon their arrival they went into the bedroom and they found the sponge
(bed mattress) wet and that both the cardboard under the sponge and the bed
head were also stained with oil spots. She said that she later went into the
kitchen and found a frying pan containing oil on a gas cooker. She said that a
Crime Record Officer (CRO) was called from Bundung to come and take photos of
the scene. The said gas bottle and the frying pan were tendered and mark as
Exhibits A and B. Inspector Sowe indicated that the accused person denied
allegations that she poured the hot oil on her husband. She said, “the accused
told me that her husband came home lately shouting Tabara, Tabara open the door,
see what they have done to me.”
During cross examination, by counsel Modou Lamin Drammeh, Inspector Sowe
indicated that it was only her and the accused person who were present when the
accused person was denying allegations of pouring hot oil on her husband. She
said that the dialogue between the two took place at the Kanifing Police
Station.
The second prosecution witness was (PW2) Sergeant 1203 Boto Keita of the
Serious Crime Unit. Keita told that court that on the 20th March the accused
(Tabara Samba) was brought to his office in connection to a murder charge. 1203
Keita said that she was interviewed in the presence of his detective
colleagues and that she told them she had a quarrel with her husband on 7th March.
Keita told the court that Tabara told them that a husband’s friend, one Mr.
Sallah came to visit them one night and she prepared dinner for them. He said
that her husband later went to see Mr. Sallah off the road upon his arrival
back home, she was sitting under the veranda. Keita said that Tabara told them
her husband asked for them to go to bed but she did not do so, instead she
sat outside. Keita indicated that Tabara told them that she later went into the
kitchen and heat the remaining oil left in the kitchen. Keita stressed that
she lamented that she went into the bedroom and poured the oil on him while
he was sleeping. Boto Keita said that he later instructed Lamin Cham to obtain
a statement from her and thus prepare a charge against her. Keita said that
the man died at the hospital.
PW3, Sergeant 1838 Lamin Cham said that on the 20th March, a case file of
murder was sent to their officer by the Kanifing Police with the accused
person, Tabara Samba, along with a gas bottle, a gallon containing oil and a frying
pan with some remains of oil. He said that they interviewed the accused
person and she told them that she poured hot oil on her husband while he was
sleeping. Cham indicated that she told them that when she poured the oil on the
husband, he rushed into the bathroom to take shower and they immediately drove
to the Lamtore clinic with her husband’s friend whom they passed by to pick
on the way to the clinic. He said that he later obtained a cautionary
statement from her in the presence of an independent witness, by the name Alasana
Camara. Cham indicated that the accused, Tabara, cautioned that she is not
forced to say anything unless she wished to say it. He added that he later read
out the cautionary statement to her and translated it for her to understand,
upon which the accused person thumb printed it. The independent witness signed
and he too signed as the recorder of the statement. The said statement was
admitted in evidence and marked Exhibit C.
During cross examination, Cham said that he did not measure the amount of
the oil in the container. Hearing continues. The IGP was represented by ASP
Burama Dibba and Modou Lamin Drammeh represented the defense.
KANILAI FAMILY FARM DRIVER CONVICTED
By Fabakary B. Ceesay
Bala Nyassi, a driver at the Kanilai Family Farm was on Monday, 3 April,
convicted and sentenced to a fine of twenty thousand dalasi by Magistrate Pa
Harry Jammeh of the Kanifing Magistrate Court .
Nyassi was standing trial for stealing by Clerk or Servant an amount of
twenty thousand dalasi from the aforesaid farm.
When he was asked whether he wanted to mitigate, Mr. Nyassi said that he was
detained at the Mile Two Central Prison for one month. He said that he had
not been working since then. He added that he is the bread winner of his
family. He urged the court to temper justice with mercy on him. The Police
Prosecutor, 1748 Mballow, appealed to the court for the accused person to pay back
the said sum to the farm. In his ruling, Magistrate Jammeh said that the
accused person was trusted and that he broke that trust. Jammeh added that he is
tempted to send him to prison due to the fact that the prosecution has proved
their case beyond reasonable doubt. He also added that sending him to prison
is to serve as a deterrent to others. He therefore sentenced him to a fine of
D20,00 in default to serve two years in prison with hard labour. He ordered
that if the said amount is paid, it should be refunded to Kanilai Farm.
JOURNALIST FATTY’S TRIAL COULD
NOT PROCEED
By Fabakary B. Ceesay
The trial of the shuttered Independent Newspaper journalist, Lamin Fatty did
not proceed at the Kanifing Magistrates Court on Monday 30 April, due to the
fact that the trial Magistrate Buba Jawo was bereaved.
Fatty was expected to open his defence on Monday. The court has overruled
the defence’s submission of “No case to answer”. This was after the
prosecution closed its case. Lamin Fatty is standing trial for allegedly publishing and
broadcasting false information after the March 21 abortive coup plot. The
Independent Newspaper was closed by the authorities after Fatty and it’s
editors were arrested and detained by the authorities.
Dodou Joof Retains Top Job in
African Athletics
By Modou Nyang
The Confederation of African Athletics CAA over the weekend reelected Dodou
Joof (Capy) as its treasurer at its congress in Dakar , Senegal for the
second time running. He was first elected to the position at the CAA’s congress in
Cairo , Egypt in 2003.
The Gambian delegation to the congress also included Fred Lloyd Evans the
President of the Gambia Athletic Association. And he too was nominated to serve
in the Finance and Development committee together with Capy too.
Alhagie Dodou Joof is the current Sectary General of the Gambia Athletics
Association and his reelection (unopposed) to run the finances of the highest
body in athletics in the continent for the second time, is an indication of
the trust his colleagues have on him.
Commenting on feat Capy said his colleagues were very much satisfied with
the financial report he submitted to the organisation during the congress and
some echoed that for the past thirty years they have never received a report
like the one he submitted.
The Confederation of African Athletics is has its headquarters in Dakar and
is headed by a President, Colonel Kalkaba Marlbaum, a Cameroonian. It holds
its congress every four years.
GFA Prexy Thumps-up U-20 Performance
By Modou Nyang
Seedy Kinteh President of the Gambia Football Association has expressed his
satisfaction with the performance of the under 20 team in its buildup towards
the Fifa U-20 World Cup in Canada .
Kinteh was speaking after the friendly international match against the Ivory
Coast U-23 team which the Young Scorpions lost 2-1.
He said: the boys played well [despite] most of them are new player {in the
team] this is what we are looking for towards our preparation for Canada . “
This is part of our preparation [for the U-20 World Cup] and the next step
will be a training camp in Europe . “Even though we lost the boys played [well]
we are just preparing our selves to have a good team to take to Canada
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