Foroyaa Newspaper Burning Issue
Issue No.71/2007, June 20 – 21 June 2007
Editorial
GAMBIANS ABROAD SHOULD BECOME FULLY ENGAGED WITH THE COUNTRY
After the Presidential elections, many Gambians called for the birth of a
new political leadership in the country. One expected that, as we call for the
retirement of some long serving political figures, new ones will emerge to
take their places. The current constitution requires a person to be resident in
the country for a period of five years to be able to stand as a Presidential
candidate.
It is important to emphasize that Gambians abroad constitute an economic
power base of the country. They also constitute an intellectual power base.
However, this power of wealth and knowledge can never impact on change and
development if it is not linked to organised politics. It is important for Gambians
abroad to realise that the finance department has already informed the
nation that they transferred a sum of 1,700 million or 1.7 billion dalasis to the
country in 2005 and that this sum increased to D1,800 million or 1.8 billion
dalasis in 2006.
They should therefore be concerned about how this country is governed. They
should give support to those in whom they have confidence in the political
arena or come back home and provide the force of example that the nation needs
to develop. Apathy is not an option.
PA SALLAH JENG TESTIFIES
By Bubacarr K. Sowe
Pa Sallah Jeng, whose suspension as Mayor of Banjul by the Executive was
declared illegal by the courts, on Tuesday, June 19, entered his defence and
gave evidence in the economic crimes charges levelled against him at the High
Court before Justice Sanji Monageng.
Mr. Jeng, who has already been freed by the court on two counts, testified
as a defence witness on the pending counts against him.
He told the court that he was elected Mayor of Banjul in 2002 after winning
as an independent candidate in the local government elections.
Mr. Jeng said he was suspended in September 2005 following an attempt by the
majority of the councillors from the ruling Alliance for Patriotic
Re-Orientation and Construction (APRC) to impeach him out of office.
He added that he is aware of the six charges preferred against him, out of
which four are pending in court.
Testifying on count three, he said that he is aware of the charge of single
sourcing for the purchase of second hand towing ambulance to the tune of
D340,000. Mr. Jeng said the buying of the towing ambulance was necessitated by a
series of Council (BCC) meetings where councillors expressed concern over the
obstruction of the streets of Banjul by vehicles on a daily basis which
hampers accessibility to garbage and the free movement of ambulances.
He said there was also a press release with regards to the clearance of
vehicles in the streets of the city. He added that there was a point in time in
the history of the BCC when police cleared vehicles from the streets but the
police were unable to continue rendering assistance.
Mr. Jeng added that while traveling abroad in Belgium, he met with a Gambian
and that through their conversation he indicated the need for such a special
vehicle, because it is not available in the open market.
After few months, he said, the gentleman came to The Gambia and told him
that one towing ambulance had been shipped from Germany to The Gambia, upon
which he referred the man to the Chief Executive Officer (CEO) of BCC, who is the
purchasing officer of the Council.
Mr. Jeng also said an agreement was reached between the CEO and the man, Mr.
Ndure, which was witnessed by the chief mechanic of the Council and himself,
as well. The CEO he said is not answerable to the Mayor.
He was shown the agreement between the CEO and he acknowledged recognising
it. It was signed by Abdul Fatah Othman and Mr. Ndure. He was shown another
exhibit which he said is a letter from the CEO to the Director General of The
Gambia Public Procurement Authority (GPPA) requesting permission for the
purchase. He said that letter, was followed by a flow of letters as follow up to
grant the permission for the purchase of the truck.
He added that the truck arrived at the ports in Banjul and was inspected by
the Chief Mechanic of BCC who recommended that it is reliable.
Mr. Jeng went on to say that the truck is the back bone of the Council,
transporting workers, arresting unlicensed wheel barrow users, assisting
government offices during clean up exercises and most interestingly transporting
chairs and stages during political rallies in Banjul.
He identified an approval letter from the GPPA for the purchase of the
towing ambulance, saying that the CEO had effected payment after approval was
granted.
He also identified another exhibit, a duty waiver from the Department of
State for Finance and Economic Affairs declaring the towing ambulance duty free
at the Banjul port.
When shown Mr. Jeng acknowledged recognition of a letter from CEO to the
GPPA Director General as a request to purchase a used truck from a single
supplier, which is signed by the CEO and Permanent Secretary Local Government and
Lands.
He said the ambulance was needed by the council, permission was granted by
the GPPA and the CEO as the purchasing officer with the Director of Finance,
prepared the necessary paper work and executed payment based on the agreement
entered by the CEO and the supplier.
He also identified a local purchase order from BCC to the supplier Momodou
Ndure amounting to 340,000 dalasi in respect of the towing ambulance signed by
the CEO and Director of Finance.
Count Four
Testifying on count four, he said that he is aware of the charge of
intentionally directing the purchase of three compactors at the sum of 1.5 million
dalasis.
Mr. Jeng told the court that the buying of the compactors which are 500,000
dalasi each has a lot in common with the towing ambulance, noting that when
he was elected mayor, the Council had a lot of scrap vehicles which were
dysfunctional.
He added that garbage collection in Banjul then was done once every month or
two and they were hiring trucks from people like Sheikh Omar Njie.
He also said the BCC unanimously agreed to buy compactors from one Mr. Secka
who told them that he could sell the three at D1.5 million, far below the
normal market price. They agreed to pay cash for one in full and the other two
were to be paid within eighteen months. He told the court that councillors
were satisfied when they were brought and inspected but out of desperation, the
cleansing department of the BCC started using the vehicles.
Mr. Jeng said the supplier wrote to him three months later that the
compactors were being used while he had not been paid. He said that he wrote to the
CEO that they were not complying with the terms of the agreement, but the CEO
replied that there were no funds and he could give only D300,000 dalasis at
that moment.
Mr. Jeng testified that he knew the D300,000 dalasi was paid, but that he
did not know anything about the outstanding D1.2 million dalasi.
He acknowledged recognition of a proposal from the BCC for the purchase, a
letter of request to the GPPA and a payment voucher to Alf Trading Enterprise
amounting to D300,000.
He further said the Council owed obligation to the city’s residence and with
the purchase of the vehicles, garbage collection was done twice a week for
every residence in Banjul unlike before when it was done once each month or
two. The witness identified in court a proposal for the purchase of the three
Volvo garbage trucks addressed to the GPPA.
Mr. Jeng told the court that he wished the transcript of the Paul Commission
be brought to court, where Mr. Othman said he is the procuring and
accounting officer of the BCC and he is not answerable to the Mayor, but the council.
He was shown four other exhibits again and he said the two are payment
vouchers to Alf Trading amounting to D112,000 and D56,000 respectively, while the
two other exhibits are receipts of those payments.
He said he never signed those four documents he was shown.
Count Five
On Count Five, Mr. Jeng said he borrowed a generator from a friend for his
office, as a result of seven million dalasi electricity arrears pending ten
years before he was a Mayor.
He said that the Council, NAWEC and the state agreed that the arrears be
offset with an arrear of fifteen million dalasi from rates the state owed the
BCC, but the state failed to honour the agreement and the Council was
disconnected.
Mr. Jeng said the Council bought two generators after the disconnection, but
the first one was a 4.5KVA which could not run a single phase air
conditioner, and the other one was given to the payroll department.
When he borrowed the 25KVA generator for his office from a friend, it was
connected to the whole complex without him knowing and the whole council was
happy. After using it for three months, which was never meant for buying, the
CEO and the Director of Finance, Oumie Sanneh Badjie approached him and he
called the owner of the generator and asked him if he would want to sell it.
He went on to say that the man agreed with the CEO and the Director of
Finance who paid an installment of D15,000 and a balance of D35,000 was left.
He identified a receipt for the generator from Gamcel Investment Enterprise
to BCC at the cost of D50,000. He also acknowledged recognition of the
invoice of D50,000 for the generator; advance payment of D15,000 and a balance of
D35,000.
He told the court that a 25KVA generator similar to the one they bought
would cost D100,000 to D150,000, and it was still with Council up till the time
he was suspended as mayor of BCC.
Count Six
Testifying on Count Six, Mr. Jeng said the toilet structure at Primet
Street, then, was an environmental hazard, dilapidated and in a deplorable
condition.
The cost of maintenance and upkeep of the toilets in Banjul he said was high
and that the toilets which they could not sustain were a liability to the
Council.
He added that ten toilets and four stores were designed by the then
solicitor of the Council and most of the space in the city was sub-leased to the
private sector which could have been the same as the Primet street toilets. He
said the sub-leasing estimated at D700,000 dalasi and that kind of procedure
had been common with the Council for the past fifteen years or so, but the
construction at Primet Street was halted following the Department of Local
Government and Lands writing to the contractor to stop the work.
He added that council has lost a number of lands in Banjul, particularly to
the Local Government Department, simply because the BCC lacks the initiative
to utilise the space they have. He also said that the QuantumNet site at
Campama Estate Market was taken by Local Government from Council and given to
QuantumNet. A site at Mile Two was given to the APRC women’s wing and another
plot was allocated to the present Mayoress’s husband all without Council’s
authority.
He told the court that Council would have lost the Primet Street space, like
in Gloucester Street and New Perseverance Streets, where toilets in bad
conditions were demolished, that restructuring the Primet Street toilet to a
modern structure was a wise choice.
Testifying further, Mr. Jeng said he challenged his suspension in the High
Court and Justice Belgore declared that the suspension was illegal and ordered
for his reinstatement but the state never complied with it.
He added that the state applied for a stay of execution which was thrown out
of court.
He said he was eventually arrested and asked to be reporting to the drug
squad for three months without being charged.
According to him, when he was charged he was not served.
The case was adjourned till Friday for cross examination.
NEW CHARGES AGAINST FATOU JAW MANNEH
By Fabakary B. Ceesay
Prosecutors at the state law office have preferred two new charges against
journalist Fatou Jaw Manneh on Tuesday. The charges are, publication of false
news with intent to cause fear and alarm in the public and uttering seditious
words. She pleaded not guilty to the charges against her.
The state counsel Emmanuel O. Fagbenle, said he based his application on
section 169 of the Criminal Procedure Code CPC. He said the amendments are meant
to meet the circumstances of the case and that he has highlighted the
amendment to enable the accused to prepare for her defence. “I want to withdraw the
charges that were filed on the 11 April and 11 May 2007 and to adopt the
charge file on the 19 June to substitute the others. The defence counsel, Lamin
S. Jobarteh objected to the amendment of the charges. He said it should not
be done in matters known to the prosecution only, but to the defence, as well.
He indicated that the prosecution cannot depend on section 169 of the CPC,
saying, “It is not a section that is licensed for the prosecution to use at
their disposal at any time.” Mr. Jobarteh argued that charges can be amended,
but cannot be substituted. He added that the charges can only be amended or
added, but cannot be substituted as required by the prosecution. Counsel
Jobarteh added that the accused has been appearing before the court under the same
charges for months now. “It is against justice for such a substitution to be
preferred against his client” he argued. Jobarteh indicated that the accused
should be informed of the charges against her. “No cautionary and voluntary
statement was obtained from her about the new charges. I ask the court to
order the prosecution to provide us with the evidences and the list of witnesses
that they have in respect to the new charges, the place and the person to
whom the utterance has been made to and the address to be provided. “You are not
amending, but adding to the charges,” said Jobarteh.
The state counsel said amendment can be done at anytime of the trial which
is the same procedure in England, Australia, Ghana, Nigeria and The Gambia. He
said section 24 of the constitution provides the accused time to prepare
which is echoed with 169 of CPC. The trial Magistrate Buba Jawo granted the
application by the prosecution to amend and substitute the charges before the
court. He therefore ruled that the accused person should take her plea. The
defence counsel, Lamin Jobarteh, urged the court to grant him adjournment before
his client can take her plea on the new charges. He said he intends to file an
application to the high court. Jobarteh’s application was overruled by the
court.
Fatou Jaw Manneh later pleaded not guilty and was granted bail in the sum of
D100,000 and that she must provide one Gambian surety. The state is expected
to call its second witness in the next sitting.
INTERVIEW WITH HALIFA SALLAH
Foroyaa: What in your view is the cause of the fuel shortage?
Halifa: It is the Secretary of State for Finance and Economic Affairs and
the Secretary of State for Trade, Industry and Employment who should do the
explanation. Our concern is the lack of a coherent policy on the trade being
conducted by small scale enterprises. According to the Secretary of State for
Finance, the Government continued to pursue objectives of implementing and
supporting policy measures that facilitate the creation of an efficient and
effective economic environment for private sector led development and consolidate
a liberal trade policy. What is however evident is that supermarkets are
closing down, established traders have reduced the number of containers they have
been bringing and redundancy in employment in the private sector is
increasing. The Nation is owed an explanation regarding the unpredictable business
climate.
Foroyaa: What is the proof that there is an unpredictable business climate?
Halifa: When there is demand and there is restriction of supply for no
obvious reason, one could say the business climate is unpredictable. Take the
recent fuel shortage, for example. How can one explain the shortage? In the last
issue, we have shown that while there was a seeming shortage, small scale
importers of fuel claim that just two of them had 140,000 litres kept from the
market because of bureaucratic uncertainties which no official that was
approached could settle. Can you imagine how many millions had been lost because of
the shortage. As you conduct this interview, reporters are sending
information that many filling stations which were closed on Monday were open on
Tuesday. We have also spoken to some small scale importers of cement who indicate
that they are restricted from importing by high import duty since they will
prefer to sell cement at or about D200 per bag. Development is a chain
reaction. Those who buy compounds pay capital gains tax. They also pay rates and so
on. The demand for building materials also means that revenue from duty can
also be derived from the sale of a variety of commodities if demand is
sustained. Hence progressive taxation that is conducive to business activity would
not make the buying of cement prohibitive by raising duties to unreasonable
levels.
Foroyaa: So, you feel the market is being manipulated to the detriment of
the small scale enterprises?
Halifa: An analyst should not speculate. What I would want to know from the
SoS of Finance and SoS for Trade is whether it is efficient to have a
regulatory frame-work for small scale enterprises without creating the institutions
with the appropriate promotional modules to guide the efficient operation of
such enterprises. How can a person who has paid 7.8 million worth of duty, in
less than 2 years, be stopped from operating a business instead of being
guided to run it according to the standards required. I am convinced that if
these small scale enterprises are suppressed in favour of monopolies economic
malaise will eventually grip the country. This can have a negative effect on
all other services such as insurance and banking.
Foroyaa: Can you explain further?
Halifa: It is rise in economic activity which leads to demands in insurance
and other services. Let me give an example of the implications of slump in
economic activity. The SoS for finance and trade had indicated that remittances
sent by Gambians had increased from 1.7 billion dalasis in 2005 to 1.8
billion in 2006. This means that a lot of foreign exchange is flowing into the
country.
If banks buy this foreign exchange but do not have businesses that buy them
back there will be foreign exchange glut in the banks. If this foreign
exchange remains stagnant a bank can lose millions if the exchange rate drops below
their original buying rate. In the same vein, insurance companies must
either reinsure or reinvest. Slump in economic activity will reduce volume of
their customers. Fluctuation in exchange rates could also be devastating to their
reinsurance or reinsuring schemes. To limit all these uncertainties we must
have policy makers who must rely on studies, institution building and
enlightenment of those who are economically active in that they are not enshackled
by any bureaucratic bottlenecks and monopolistic designs.
Foroyaa: How is NADD?
Halifa: We have been holding meetings to define the way forward. We expect
to continue to receive feedback from people to help shape these defining
moments.
Foroyaa: What are the concerns?
Halifa: Well, the same options we had when we met in 2004 are before us
today. When we met in 2004 we had two options. It was made clear that since each
party utilizes the period after an election to grow we could agree to
disperse and operate separately until election draws near and then sit to decide
which party and candidate to rally around for the election. This was the first
option.
The second option was to create an umbrella party that will lasts only 5
years to build and work together to build the strength of the party pending the
selection of a candidate by consensus or through a primary if consensus was
unachievable. We pursued the second option but failed to maintain unity. The
question before us now is whether to maintain this option or go back to the
past.
Very sound ideas are emerging and we hope all those concerned will
participate in the debate for a way forward.
AZIZ TAMBA AND CO JAILED FOR 14 YEARS
By Fabakary B. Ceesay
Magistrate Pa Harry Jammeh of the Kanifing Magistrates’ Court on Monday
convicted and sentenced three employees of the Kanilai Farm, namely Aziz Tamba,
Famara Colley and Mustapha Bojang to a Jail term of fourteen years. Famara
Colley, the former Assistant Manager, Mustapha Bojang and Aziz Tamba, the former
Farm Manager, were found guilty on two counts.
In delivering his judgment, Magistrate Jammeh told the crowded court that
the prosecution has a duty to prove its case against the accused persons beyond
reasonable doubt. He said the prosecution has called five witnesses against
the accused persons. He noted that the prosecution tendered receipts,
invoices, cautionary and voluntary statements of the accused persons and the audit
report from the farm, between 2005-2006, to prove their case. He asserted that
the accused persons also testified to defend themselves, but they did not
call witnesses to prove their innocence. Magistrate Jammeh indicated that,
Yankuba Jatta, the farm’s accountant, indicated that Aziz Tamba normally comes to
the office and collect money for the president without any clear documents
and that Mustapha Bojang also did the same thing by collecting money from the
accountant on the pretext that he was going to buy materials for Kanilai
Farm, without giving any receipts. Jammeh indicated that the accountant also
added that the money kept in the Farm’s account is in the custody of Famara
Colley. “The accused persons occupied the three most senior positions in the Farm.
Their relationship was characterised by informalities; they played diverse
roles which characterised their personalities,” said Jammeh. Magistrate Jammeh
stressed that the auditors had a problem in getting relevant documents to
audit the Farm. Jammeh noted that some auditing documents indicted that,
labourers at the farm were paid at one point D10,000 and a tip for staff D3,100
without signatures and that went on continuously. He said Aziz Tamba was at one
point given D5, 000 for personal use, D10,000 for Tobaski expenses and
D150,000 for vehicle repairing without signatures. “The name of president Jammeh and
Kanilai Farm provides them with the password to access the finances of the
farm, the common denominator in all of you is greediness and madness at
spending money.” “As for Aziz and Mustapha, they are ignorant, but for Famara, he
is educated. You believed that the finance well would never run dry. On the
totality of the evidence before the court, I hereby find the three of you
guilty, as charged in count one and count two, as well. In count one, the law
says you can be sentenced to seven years and on count two for ten years, which
means seventeen (17) years. What do you have to beg the court to temper
justice with mercy on you,” said Jammeh. Famara Colley, the former Farm Treasurer,
said he is a family man and that his wife is expecting a baby any moment. He
further lamented: “I don’t know how they can survive this in my absence.” He
added that he had never been convicted before any court of law, “My fate is
in your hands.” Mustapha Bojang, the former Assistant Manager also said he
has a family of four kids and that his mother is very sick at the moment and is
being fed by a machine at the hospital. He urged the court to forgive him.
For Aziz Tamba, the former Manager, said he had been convicted on similar
offences at a different court which he is serving, adding, “At present I don’t
know my family’s whereabout, I beg the court in God’s name to forgive me,
look at my appearance and my condition, please forgive me.” Passing the
sentence, Magistrate Jammeh, said, “I have noted what you have said, I have also
understood your predicaments, but D19 million is not a small amount even though
the audit report indicates D18 million. You don’t expect me to let you go scot
free, that rice was brought to be sold cheaply to help Gambians. Therefore,
for count one, I hereby sentence you all to seven years, and on count two to
seven years and both sentences are to run consecutively.” Magistrate Jammeh
instructed that the IGP should mount an investigation into their assets and
any valuable thing found should be seized. The trio were whisked away in a
waiting police van. It could be recalled that Aziz Tamba, Mustapha Bojang and
Famara Colley were standing trial on two counts. Count one indicates: between 17
June and 23 August 2005, the three conspired to commit felony; count two:
the three being employees of the Kanilai Farm, between August 2005-2006,
jointly stole by clerk or by servant an amount of D19,598,779.34, contrary to the
criminal code, laws of The Gambia.
FEATURE
NOTES ON PRESS FREEDOM IN THE GAMBIA
By Noriko Hayashi
From 3-6 June 2007, South Africa opened the 60th Annual World Association of
Newspaper (WAN) Congress and the 14th World Editors Forum (WEF). This is the
first time Africa is hosting this auspicious event.
South Africa is a country with great influence not only in the African
continent, but also all over the world in terms of her worldwide awareness of
racial discrimination through the abolition of apartheid.
Furthermore, because South Africa succeeded in fighting apartheid, the
country has become one of the champions in protecting freedom of expression and
the independence of the press.
According to an independent African News Agency, Afrol News, during the
event, more than 1,600 journalists from 109 countries held several meetings
concerning freedom of the press.
The President of South Africa, Thabo Mbeki, warned journalists to avoid “
negative type-casting of Africa”, while speaking at the opening of the event at
the Capetown International Convention Centre.
He is reported to have been applauded when he challenged President Jammeh
for restricting the media in the country.
Furthermore, Trevor Ncube, the President of the National Association of
Newspapers in South Africa, quoted President Jammeh as out to violate the rights
of journalists by saying, “the whole world can go to hell”.
Mr Ncube criticized President Jammeh for what he regarded as creating a
hostile environment for the independent media in The Gambia, which has resulted
to the closure of media houses and the self-exiling of journalists.
Now, as a member of a democratic state in a global society, the Gambia
government has a responsibility to accept constructive or objective criticism.
Given the development of information technology in international community, even
small news in the smallest country in Africa could easily be spread all over
the world.
Gambian authorities should be aware of the fact that the international
community is witnessing the harsh treatment journalists are receiving, arson
attacks, and detention without trial. The killing of Deyda Hydara is still
unexplained, while the arrest, detention and disappearance of some journalists
continue unabated. Such atrocious acts taking place in one of the smallest
countries in Africa constitute serious concern to the international community.
The following are some questions that keep resonating in the hearts and
minds of people in The Gambia and beyond.
Why are some media houses attacked by arsonists?
Why is the government closing down media houses such The Independent, Sud FM
Banjul and Citizen FM?
Not only the Gambian society but also the international community is waiting
for the re-opening of the aforementioned media outlets.
Why have many journalists been arrested without any formal charge?
Another case in point is that of Musa Saidykhan, former editor of the
Independent newspaper who was arrested and is now in self exile.
What about Ebrima Manneh, the State House reporter of the Daily Observer,
who has gone missing for almost a year now after his reported arrest on 7 July
2006?
Why has the government concluded the investigation of the brutal shooting to
death of Deyda Hydara, the former managing editor of The Point newspaper and
treasurer of the West African Journalists Association (WAJA).
Why are journalists such as Lamin Fatty subjected to harassment? (Who was
facing trial for almost one year?)
The Human Rights Community is monitoring all these happenings in The Gambia.
Despite the fact that the Gambian Constitution, in its Chapter 25,
guarantees the protection of fundamental rights and freedom of speech, of expression,
and of the press, the naked violation of that clause or chapter of the
constitution continue to take place under the eyes of the whole world, as what
obtains in The Gambia is constantly mirrored from the outside world. It should
not just be like a white paper inked with black pen written “democracy”. The
constitution of the land must be fully respected.
Moreover, hosting the headquarters of the African Commission on Human and
Peoples’ Rights, The Gambia should have a great role to play in contributing to
the promotion and protection of human rights issues within the whole
continent.
However, because it fails to play this role, it’s not surprising that the
international community is closely observing The Gambia with respect to freedom
of expression and freedom of the press.
Real press freedom could educate citizens and enable them to make
knowledgeable and fair-minded decisions. Therefore, The Gambia should provide a
friendly environment for journalists so they can freely express their views and
contribute in sensitizing public opinion for the development of the country.
A democratic minded leader of The Gambia should also accept divergent views
including criticisms. Otherwise, The Gambia will exist in a culture of
silence and fear, which will ultimately dampen the moral and creative knowledge of
the people.
In the early sixteenth century, precisely in 1516, a famous Dutch humanist,
Desidevivs Erasmus, said: “In a free state, tongues too should be free.”
Now, we live in the twenty-first century and also have the natural right to make
the best of our pens as of our tongues.
For most of human existence, humankind has always been curious about the
world around them. Those feelings were fulfilled by narratives, and some times
fables, of historians and travellers.
Today, journalists are given this great profession to answer to public
curiosity and anxiety. No country could develop without a vibrant and free press.
It is only in some countries that journalists are disrespected, molested and
maligned whilst performing their lawful duties.
The hosting of the AU summit in July 2006 should also have been an
opportunity to be seized by The Gambia by demonstrating its commitment to translating
human rights issues into reality, which is a priority of the AU.
I believe in my opinion, we as world citizens should open our eyes to global
freedom and should realize that we are not under any influence, fear, or
pressure. We all have rights to enjoy fairness, justice, truthfulness and
freewill. I pray for permanent peace, happiness, justice and prosperity in the
small but blessed Gambia, so that every Gambian can live in the real meaning of
the ‘Smiling Coast of Africa’. On behalf of those who are attracted by
Gambian hospitality, I would like to take this opportunity to admire all the brave
and honourable journalists in The Gambia and in exile for contributing to
real democracy by actually promoting press freedom.
Note By Editor
The author a non Gambian, has made two visits to The Gambia before making
these observations. We hope the authorities will carefully consider her
observations rather than dismissing them outright as hostile propaganda.
SEVERAL HUNDRED REFUGEES IN FONI
By Yaya Dampha
The fighting in Casamance has forced many people to seek sanctuary in the
Gambia. The refugees who are from the villages of Kuram, Kabakel, Penam and
Eloli in the Cassamance are staying with their family members in Kafuta and
Kafuta Tumbung. According to the Alkalo of Kafuta Tumbung, Mr. Ansumana Jarju,
there were over four hundred refugees in his village, but most of these people
have now gone to Serekunda and Brikama. He said that as at now, only one
hundred refugees are living in his village.
He said the refugees are now receiving support from World Food Programme and
UNHCR.
In Ndemban, there are over six hundred refugees who are staying with their
relatives and are receiving aid from the UNHCR and WFP. Mr. Buba Jarju, a
refugee in Kafuta Tumbung said he came from Kabakel in Cassamance when the rebels
attacked their village and held many hostages. He said the Senegalese Forces
later repelled the rebels from the village.
Mr. Malang Sanyang from Eloli said there was a struggle between the Jakai
rebels and forces of Alexandra Gibba, who is currently detained at Mile Two
Central Prison. Sanyang said the Jakai rebels were able to flush out Gibba’s
fighters and they have since taken control of the area. Another refugee in
Somita, Bubacarr Badjie said the Jakai rebels are gaining the upper hand in the
struggle to control territories in Cassamance. He said this group often attacks
the rebel factions in the area, especially when they learned that another
rebel group has seized a village. He described the Jakai rebels as a disciplined
force that does not engage in taking villagers as hostages. He said the
rebels have scattered since the deployment of the Senegalese Forces at the
border.
SHERIFF MINTEH’S MURDER TRIAL
COUNSEL APPEARS
By Modou Jonga & Yaya Dampha
The trial involving Dodou Bojang alias “Dodou Boy” could not proceed on
Tuesday 19 June, 2007 despite the appearance of Defence Counsel Tambedou before
Magistrate Amina Saho-Ceesay of the Bundung Magistrates Court. When the case
was called, Lawyer Tambedou announced his representation for the accused
person, Dodou Bojang. Counsel Tambedou urged the Magistrate to guide him with
her records.
On his part, Prosecutor Sergeant Jahateh noted that Superintendent Kinteh
who was prosecuting the case had gone for a peace mission to Sudan. Prosecutor
Jahateh urged the court to grant him short adjournment for the prosecution
to consult the authorities. The application for the adjournment was granted by
the presiding magistrate. Counsel Tambedou further announced that he
together with Antouman Gaye, Lamin Jobarteh and Lamin Camara are representing the
accused. The Magistrate told the court; that she had also been informed that
Counsel Abdoulie Sisoko has also been assigned to represent the accused person
following an order she made for the state to provide counsel for the accused
person.
The accused person who pleaded not guilty is standing trial for committing
murder, contrary to section 187 of the Criminal Code. He is alleged to have
caused the death of one Sheriff Minteh, a 20 year old who was residing in
London Corner.
FORMER CHIEF AND CO. NOT IN STATE CUSTODY
By Modou Jonga
The respective family members of the former Chief of Foni Kansala District,
Momodou Lamin Nyassi, Ndongo Mboob and Buba Sanyang have told this reporter
that they were told by state authorities that their loved ones are not
detained by the state.
According to the family sources, frantic efforts to locate the whereabouts
of their loved ones, proved futile. These family sources have alleged that the
trio were whisked away by plain clothes officers shortly after they were
arrested.
According to the family members, they have visited various police stations,
the state central prison, police and NIA headquarters in order to locate the
whereabout of the trio, but to no avail. The new police PRO, Inspector
Sulayman Secka said he cannot, as at now, comment on the arrest and detention of
the three detainees.
“THE POLICE CANNOT DO IT ALONE”
By Bubacarr K. Sowe
Ousman Sonko, Secretary of State for the Interior, on Tuesday, June 12, told
the National Assembly that armed robbery cannot be treated alone by the
police, stressing that public support and cooperation is highly valuable.
SoS Sonko was responding to a question raised by nominated Member cum Deputy
speaker, Abdoulie Bojang, regarding the efforts his department are making to
crack down on armed robbers who he said have moved from the neighbouring
countries to the Upper River, Central River and Lower River Regions.
The Secretary of State said: “The police in curbing this menace, have
deployed the police Intervention Unit personnel, comprising a full platoon in
Laminkoto, noting the Unit has intensified patrols along the border in that part
of the region, coupled with security awareness campaign in border villages.”
In a supplementary question raised by the member for Jimara, Mama Kandeh, on
how equipped are the police, noting they usually say they have no vehicles
upon request; the SoS assured that they are planning to give new vehicles to
the police.
Asked by Seedy Njie, a nominated member, regarding the plans his department
have in place to secure the lives and properties of people living in the
order villages who he said are always tormented by cattle rustlers and armed
robbers, Mr. Sonko answered that the Police Intervention Unit (PIU) are deployed
in all the regions and are patrolling border villages.
“Those caught in these criminal activities were punished according to law,”
Sonko added. The Secretary of State said the police need the cooperation of
the people in the border villages, who he said must be vigilant and report
all cases and suspects to the nearest police station or post.
“A release was issued on armed robbery, and people were warned not to keep
lots of money with them, but to save them at the banks,” SoS Sonko explained.
MANNEH KUNDA ALKALO REMOVED
By Lamin Fatty
Reliable sources have it that the Alkalo of Basse Manneh Kunda, Alasana
Manneh, has been removed from his Alkaloship position for allegedly violating the
Local Government Act 2002. Manneh was said to receive his termination letter
on the 14 of June, which was said to be sent to him by the Governor of URR,
Mr. Omar Khan. According to sources in Manneh Kunda, the chief of Basse, Hameh
Krubally, sent one Jali Madi Kuyateh to inform the Head of the Council of
elders in Manneh Kunda to come to a meeting which will focus on the replacement
of the Alkalo. However, sources added that the chief sent the same man to
Manneh Kunda on the 15 June at around 11:am to ask them to withhold their
meeting because the Governor said it is prompt to replace him. It is reported that
the decision made the council of elders furious because they had already
agreed to select a former LGO Yusupha Manneh (alias Carlos). When contacted for
comments, the Governor denied the information saying it is false. He said he
is not aware of the removal of the said Alkalo.
RELEASE OF RAMBO AND KANYIBA SUFFERS SET BACK
By Bubacarr K. Sowe
The writ of Habeas Corpus filed on behalf of Ousman Jatta (alias Rambo),
Councillor for Bakau ward and Kanyiba Kanyi, an employee of the Christian
Children Fund (CCF), could not be heard by the High Court on Tuesday, June 19.
Emmanuel Fagbenle, Director of Public Prosecution (DPP), who is representing the
state told the court that they would want a short adjournment of the case.
Habeas Corpus is a writ challenging the detention of a person in official or
private custody. The matter was deferred and is expected back in court
today, Wednesday. The writ of Habeas Corpus was filed by the duo’s lawyer,
Ousainou Darboe, who challenged their alleged detention by the state since September
2006.
Following the application, the court gave a ruling, on June 5, ordering the
Inspector General of Police, the Attorney General and the Director General of
the National Intelligence Agency (NIA) to produce Messrs. Jatta and Kanyi in
court on June 7.
The state counsel, Mr. Fagbenle indicated to the court that the alleged
detainees are not in the custody of the state.
According to the appellants counsel, Messrs. Jatta and Kanyiba disappeared
few
days before the September 2006 presidential election. Jatta is a member of
the United Democratic Party’s (UDP) and councillor for Bakau Ward and Kanyi is
also a UDP militant and a native of Bonto village in Kombo East.
ALLEGED ARMED ROBBER DIES IN CUSTODY
By Modou Jonga & Yaya Dampha
Mr. Amadou Camara, who was alleged to be involved in a robbery, is said to
have died in jail at Mile Two Central Prison. The deceased was standing trial
for allegedly taking part in a robbery case that happened at Kololi.
According to one of the co-accused persons, Cherno Jallow, he had earlier
told the court that Camara was locked in a cell for weeks without a blanket and
mosquito net. He said all other accused persons were given mosquito nets
except the deceased who he said was exposed to insect bites and cold. At this
point, the prosecutor Sergeant Jahateh filed an application to strike out the
deceased’s name from the case file.
According to Jahateh Mr. Amadou Camara’s death was communicated to him
through the prison authorities. He said the prison officials reported that Amadou
died of natural death while in mile two prison. He did not however say when
the death occurred. Prosecutor Jahateh has also applied for the withdrawal of
the charge preferred against the deceased. Giving her ruling on the matter,
the presiding Magistrate Amina Faal Saho said hence the accused person has
died and the prosecution had taken the right procedure of striking the dead man’
s name from the matter, she accordingly struck out the late Amadou Camara’s
name from the case file.
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