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From:
Joe Sambou <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Tue, 19 Aug 2008 18:37:02 +0000
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If Yaya Jammeh thinks he has scared some of us, he is grossly mistaken.  He can put up a dragnet in the Gambia for some of us, but guess what, the feeling is mutual.  We will be waiting for him outside of Gambia as well.  A word for Hustler Jawo, these days, it is not acceptable to say "The Devil Made Me Do It".  If you do the work of the devil, you will go with the devil when that time comes.  Today, you have the luxury to grandstand and give a silly lecture, but always remember that the people will have the last word.  Trust me, the people will even the score with you, if longevity is on your side.  This also applies to any Gambian wanting.  Just remember that before Yaya it was Jawara and change did change a lot of faiths.  So too will change come under Yaya and God help you if you were found guilty as charged.  All these serial executioners better take note.  When a person like Saddam was taken in, criminal magistrates and murderers alike went with him, so too will any that do the dirty work of Yaya.  
 
From this end, I hope the silliness will stop and for folks to realize what's at stake and operate on commonsense for change.  At some point one must choose where they want to be in this struggle.  This kangaroo verdict will mean two things for diasporans: some will be more embolden and many others will choose to put more value in being able to go in and out of Gambia, hassle, harassment, murders and all.  I would rather have one to be free to choose the larter that the trademark hypocrisy.  The people will have the last word in this.  In the mean time you can catalogue all we are going to tell the world the murders and criminals we call the Gambia Government.   
Journalist Fatou Jaw Manneh Gets D250, 000 Fine 





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Tuesday, August 19, 2008

Principal Magistrate Buba Jawo of the Kanifing Magistrates’ Court yesterday, 18th August 2008, convicted and sentenced Fatou Jaw Manneh, the US-based Gambian journalist, on a four-count charge - sedition, publication of seditious words, publication of false information and uttering seditious words.
On count one, the accused was sentenced to a fine of D80, 000, in default to serve one-year imprisonment with hard labour.
On count two, the accused was sentenced to a fine of D70, 000, in default to serve one-year imprisonment with hard labour.
Count three attracted sentence of a fine of D40, 000, in default to serve one-year imprisonment with hard labour and the accused was sentenced on count four to a fine of D60, 000, in default to serve one-year imprisonment with hard labour.
The fines totaled to D250, 000 and as default on each meant one-year imprisonment, the total prison-term duration in case of default in all is four years.
Delivering judgement, Magistrate Jawo cited some authorities to buttress the verdict. He told the court that if an article is not true, it could not be said that it has been published for public interest.
He went on to say that the words in the said article amounted to seditious publication and uttering seditious words.
He indicated that the prosecution had proven its case beyond reasonable doubt on all the counts, adding that the burden of proof has not been discharged by cross-examination. 
He intimated that he had no doubt in mind that the accused was responsible for the publication of the article in the Internet, which he said could cause alarm. He then said that the accused was given the chance to give evidence to the contrary but failed to benefit from it. 
He finally ruled that the accused deliberately published the article while she was in the USA and did not know what was happening in The Gambia.
In his mitigation, the defence counsel, Lawyer Jobarteh, told the court that he had had cause to be associated with the accused in the sense of a client-counsel relationship. He stated that he has found the accused to be exceptionally brilliant, hardworking and law-abiding. He further said that the accused came into the country in grief to commiserate on the death of one of her parents, which was indeed more than enough for her. He added that that loss itself is inconsolable for her.
He went on to state that the accused has two children who are being taken care of by her and that she is a banker and student, pursuing a graduate course to develop her status as a woman. He pointed out that the accused has lost almost two academic years as a result of the case, noting that she was a first-time offender who had never incurred the wrath of the law. 
He therefore begged the court not to impose a custodial sentence on the accused and also urged the court to temper justice with mercy.
The state was represented by Merley Wood and Buba Bojang.
Author: By Dawda Faye & Soury Camara
Source: Picture: Fatou Jaw Manneh
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