Foroyaa Newspaper Burning Issue
Issue No.110/2006, 8-10 December, 2006
Editorial
The Forthcoming Trade Season
We are now in December but the producer price of groundnuts and the
commencement of the trade season are yet to be announced. No statement has been
issued by the government on the matter.
Last year the producer price was reduced from D8,100 per tonne to D7,500 per
tonne. But to pay this amount was a big problem.
Farmers were assured that there would be no credit buying of their nuts by
traders. On the contrary, after the very first cash purchases, the subsequent
purchases were on credit basis. The farmers gave their nuts on credit with
the hope that they will be paid in a matter of days. To their great
disappointment it took months before many of them were paid, thereby intensifying the
suffering of the people.
In short, the government has been unable over the years to mobilize enough
funds to purchase the nuts of the farmers. The consequences are credit buying
and under purchase of the nuts.
The companies that have been mobilized in recent years to purchase nuts have
not invested enough funds to purchase the nuts and have been backed by
public funds. Besides, the Government made a mockery of itself in its dispute with
Alimenta making it liable to pay 11.4 million dollars. This has to be paid
by the Gambian tax payers.
In other words, the government has not yet shown itself capable of handling
the groundnut trade, a vital sub sector of the economy. Let us see what it
will come up with this year. The fact that it is still silent up to this hour
is a sign of a bad start.
Kanilai Ward Councillor And Five Others Missing
Mr. Kebbaringo Jammeh, Councillor of Kanilai Ward, Mrs. Macie Jammeh, Mr.
Haruna Jammeh Mr. Alfusainey Jammeh. Mr. Jasaja Kujabi and (S.P.)
Superintendent Abdoulie Colley (O/C) Officer Commanding Sibanor Police Station are still
missing according to family sources.
According to sources councilor Kebbaringo Jammeh and Mrs. Macie Jammeh were
arrested by the security forces over seven months ago, Haruna Jammeh.
Alfusainey Jammeh and Jasaja Kujabi were all arrested over one year ago, while O/C
Abdoulie Colley of Sibanor Police Station was arrested in August 2006.
No official statement was given for their arrest. The concerned family
members and friends of the arrestees said the continuous disappearance of these
people is a nightmare to them. They called on the authorities to tell them
something about their loved ones.
This reporter made attempts to talk to the Public Relations Officer of the
Police, the Director General of Prison and the National Intelligence Agency,
to find out if they are under their custody, but all efforts bore no fruit.
In a separate development Foroyaa was informed that Mr. Tamba Fofana the
Head Master of Kudang Lower Basic School was being detained at the Sibanor
Police Station. However when this reporter visited the said police station he was
reliably informed that Mr. Fofana was not there. The police once told our
reporter that they were aware of Mr. Tamba’s arrest by their staff.
At Court Martial
Lawyer Jobarteh Cross Examines Witness
By Fabakary B. Ceesay and Annia Gaye
Lawyer Lamin Jobarteh has described Abdoulie Sowe, the first prosecution
witness in the ongoing court martial as a congenital storyteller. Jobarteh made
this statement at the Yundum Barracks on Thursday 7th December 2006.
Detective Sowe told the court that he has brought along the report on the
investigations he carried out on the alleged coup, the station diary and the
report of activity diary. Counsel Jobarteh asked the court to allow him to go
through the documents. He was allowed to go through the documents. Jobarteh
put it to him that there is nothing in the report that shows that he (Sowe) has
been to Captain Bunja Darboe’s office to recover anything. Sowe replied that
he had earlier mentioned to the court that all activities were not in
record: Jobarteh added that there is nothing in the report to suggest that he has
recovered any videocassette at GRTS. Sowe replied that there is nothing in the
diary. Jobarteh put it to him that there is no indication that he recovered
anything from Colonel Lang Tombong Tamba. He replied that the only time he
can answer the question is if he go over the report diary, but later said, it
is not in the diary. Mr. Jobarteh asked him to describe the office of Captain
Bunja Darboe. He said he cannot describe it because he was led to the place
by Captain Darboe himself Jobarteh asked him where exactly is Captain Darboe’s
office, Sowe said, in Banjul around Atlantic Hotel. Sowe added that he
cannot remember whether the office is located at the first, second or third floor
of the building. “Am putting it to you that, you are a congenital story
teller,” says Jobarteh. Sowe replied, “all what am saying is the truth and
nothing else.” Counsel Jobarteh further put it to him that there is nothing in the
diary indicating his departure and arrival at Captain Darboe’s house. He
replied in the negative. Jobarteh added that there is nothing in the diary to
indicate that Captain Darboe has requested to be on air on Television and Radio,
he replied in the negative. Jobarteh applied for the diary of action and the
station diary to be tendered. There was no objection from the prosecution.
The diary of action was marked as exhibit Q and the station diary as exhibit
R. Jobarteh asked him to show the court from the station diary where he
recorded the recovery of the micro tape, small cassette and the tape cassette. Sowe
replied that the diary did not contain that. Jobarteh asked him to read out
a portion in the station diary. Sowe indicated that he cannot understand the
hand writing in the diary. Detective Sowe pointed out that he obtained a
statement from Colonel Tamba. He said the statement is at the officer of the
Crime Management Cordinator (CMC), Demba Sowe. Mr. Sowe finally indicated that he
has read out the cautionary statement of the accused person to him. Justice
Akomoya Agim then ordered Sowe to stand down. He said, “Your long journey has
come to an end and you are discharge. But in case, you are travelling to any
part of the world, whether to Darfur or East Timor, make sure you inform the
prosecution, because any of the defence counsels can decide to re-cross
examine you again,” he said. Counsel, Borry S. Touray, reminded the court about
the order to take the sick accused persons to hospital. He argued that the
concern authorities have not fulfilled the court’s order. He told the court that
Captain Yaya Darboe and Wassa Camara have complained of pain and they were
not taken for treatment. The Director of Public Prosecution, Emmanuel O.
Fangbenle, objected that the matter needs to be taken before the chamber for
decision to be taken. Justice Agim, then asked Wharf to confirm whether they were
taken to hospital. Wharf said, he received a complaint from Captain Camara,
but that he was not taken for treatment. Agim asked him to take them to a
government hospital and report whatever the doctor’s finding is.
COURT TO DELIVER JUDGMENT ON LAI CONTEH’S CASE
By Bubacarr K. Sowe
Judgment is set for the 17th of January in the appeal case filed by the
state against Abdoulie Conteh, who was removed from his position as Mayor of the
Kanifing Municipal Council (KMC).
A written argument was filed by the appellant (the state) at the court of
Appeal and the respondent filed its response. The appellant was given seven
days to reply to the respondent’s brief, but he failed to do so.
The state counsel, Emmanuel Fagbenle applied for an extension of time, but
the respondent’s counsel, Antouman Gaye, objected to the application.
The court ruled that the rejoinder be allowed, taking into account Section
85 of the constitution which Fagbenle cited.
Mr. Gaye also applied for their brief to be adopted and the court did so.
This appeal against Lai Conteh arose after he was acquitted by the High Court.
In The Treason Trial
Another Witness Alleges Torture
By Bubacarr K. Sowe
Alieu Lowe, the third prosecution witness in the treason trial involving
Tamsir Jasseh, Alieu Jobe, Omar Faal and Hon. Demba Dem on Wednesday informed
the High Court that he has undergone severe torture in the hands of the
National Intelligence Agency (NIA).
Mr. Lowe told the court that he cannot recognise his alleged statement and
signature, arguing that he was beaten and threatened with dead. He said that
the statement was written by the NIA because he cannot read and write, adding
that he was forced to sign it. he showed a mark on his hand where he said he
was stabbed with a knife at the NIA.
“The NIA took my 8000 dalasis and my bank book,” Lowe told the court. He
added that he was asked who owned the money, and he told them that it belonged
to him. He said he was threatened to say that it was meant for the former
Chief of Defence Staff, Colonel Ndure Cham. Lowe added that he does not know
Ndure Cham. He also denied knowing Mustapha Lowe, the second prosecution
witness, indicating that he only saw him (Mustapha Lowe) at Mile Two Central Prison.
Testifying further, Lowe said nothing transpired between him and Alieu Jobe
on the 21st of March 2006, disclaiming that he carried a message for anybody
on that day. Emmanuel Fagbenle, the state counsel told the court that his
witness is proving to become a hostile witness, which was objected to by the
defence counsels, Lamin Jobarteh and Borry Touray. The case continues on
December 13th before Justice Anin-Yeboah.
FORMER STUDENT CONVICTED
By Modou Jonga
A fifteen year old boy (name withheld) and a former student of Armitage
Senior Secondary School was on Monday 4th December, 2006 convicted on two counts
before magistrate E.F Mbai.
The said former student was charged on count one for store breaking which
contravenes Section 283 of the Criminal Code. The alleged store breaking is
said to have happened on 19th November being the store of the New Yundum Lower
Basic School in Kombo North with intent to commit felon. On count two, the
said accused is charged with stealing sixty-three (63) text books and eleven
(11) exercise books total 74 (seventy four) the value of which is unknown. The
said stolen books are said to be the property of New Yundum Lower Basic
School. The accused pleaded guilty to both counts.
In narrating the fact before the court, the Police Prosecutor 413 Sanyang
said on the said date, the accused broke through a window of the said school’s
store and then stole the said amount of books. On his way going, stated the
prosecutor, the accused was subsequently confronted by one Lamin Jammeh and
thus apprehended with the said stolen items and later taken to Yundum Police
Station. The said stolen items according to the prosecutor were identified by
the headmaster of the said school at the Police Station. They were also
tendered as exhibits at the court.
The accused was thus fined D3000 (three thousand dalasis) or in default will
serve six months in Prison consecutively on the two counts.
BROTHEL MANAGER SENT TO JAIL
By Yaya Dampha
Edrissa Jarra, commonly known as Bukul Jarra, was on Monday 4th December
convicted to a jail term of 18 months for keeping a brothel contrary to section
138 of the Laws of The Gambia.
According to the particulars of the offence, Edrissa Jarra was arrested on
the 1st December 2006 by the Bundung Police in his compound which he also used
as a brothel.
The police prosecutor told the court that they raided the place after
receiving a tip that a compound in a particular neigbourhood was being used a
brothel; that open arrival at the said brothel, seven women, termed sex workers
were arrested and taken to Bundung Police Station; that the police later went
back for the owner of the brothel who was also arrested and charged for the
offence.
The accused person pleaded guilty to the charge preferred against him. In
his mitigations, Mr. Jarra, said he has six sisters, three wives and a host of
children to care for.
However, in passing judgment, the presiding magistrate, Moses Richard
described Edrissa Jarrah as a reckless man who did not only open his compound to
young and old women to engage in prostitution but is also exposing his family
to the practice which can make his daughters and sons to regard it not as a
bad thing. Magistrate Richards said that the likes of Mr. Jarrah have
contributed to the spread of sexually transmitted illnesses in the world including
HIV/AIDS. He said Jarra should be charged for exposing his children to sex
related acts under the Children’s Act. He accordingly sentenced him to 18 months
imprisonment concurrently without the option of a fine.
CATTLE THEFT CASE WITHDRAWN
By Modou Jonga
The cattle theft case involving Alpha Jallow and Samba Baldeh and the state
was withdraw on Monday 4th December, 2006. The case was presided over by
Magistrate E.F Mbai.
The duo who pleaded not guilty are charged for jointly stealing a bull and a
cow, each valued at D6000 (six thousand dalasis). The alleged cattle theft
is said to have happened on 1st November, 2006 in Tujereng and the stolen
cattle are said to be the property of one Ebrima Jarju.
The application for withdrawal by the prosecutor 629 follows the testimony
and cross examination of the accused by counsel OD Mbye for the accused
persons.
In his testimony the complainant Ebrima Jarju said the first accused Alpha
Jallow is his shepherd/herdsman. The witness said, his herdsman has asked him
(the complainant) to give him (the accused) cattle on credit basis in order
to settle a debt somewhere.
The cattle according to the witness, are shown to the first accused and
after which he (the complainant) travelled. Few days after, said the complainant
the first accused was caught with the said cattle in his possession in
Tujereng. The complainant said that at the Tujereng Police Station. He was able to
identify the said cattle; that he told the Police that since he has recovered
his cattle he is dropping the case.
The picture of the stolen cattle (a bull and a cow) which was identified by
the complainant was therein tendered in court and admitted as evidence.
During cross examination by the counsel for the accused persons, OD Mbye,
the witness admitted giving the said two cattle to the first accused
voluntarily in line with the request of the said accused person (Alpha Jallow). The
witness further told the court, that the cattle in dispute are not stolen by the
first accused.
Subsequently, the accused persons were discharged by the magistrate.
MURDER TRIAL RE-ADJOURNED
By Modou Jonga
The murder trial at the Brikama Magistrates’ Court involving Kate Afori West
and her co-detendants has been adjourned on Monday 4th December, 2006 to
21st December, precided over by Magistrate E.F Mbai.
All the accused persons Mrs. Kate Afori West, Favour Akponegbete Abokou,
Idriss Masade and David Bathran were not in court. The defence counsels for the
first and fourth accused persons, respectively were also not in court.
The first accused Mrs. Kate Afori West who pleaded not guilty, is accused of
killing her husband, Mr. William West, in Sanyang village in June, with a
pestle, while the latter was asleep. The three other Nigerian nationals also
pleaded not guilty to the murder charge preferred against them.
MAGISTRATE MBACKE WARNS PARTIES
By Fabakary B. Ceesay
Magistrate Abdoulie Mbacke of the Kanifing Magistrate Court has no Monday
4th December issued a warning to both plaintiffs and defendants involved in a
case in his court. The warning came after reports reached him that the two
parties were involved in continuous squabbles and provocation against each
other. This had even led to the detention of three (3) of the defendant was said
to have happen after the previous sitting of their case at the court.
Magistrate Mbacke he received a complaint from the plaintiff, and summoned both
parties and urged them to keep the peace. He said another complaint came from the
defendant. He said he sent a police officer to summon them and they were no
were to be found. Mbacke pointed out that he received another complaint from
the defense counsel, but received no complaint from the prosecution.
Magistrate Mbacke emphasised that he would not accept any palaver as far as
the case is before his court. “I want to make it categorically clear, I will
send anybody to remand in Mile Two for provoking the other. The law will
never look at anybody’s position or rank, whether you are in the Government or
not. Any party found provoking the other party will go from Mile Two, I don’t
care about that,” he remarked. He finally warned both of them to keep the
peace and to see each other as relatives. “The Gambia is very small, everybody is
related,” he said. He told them that this case will be finished, but their
relationship will continue. Before leaving the court, both parties promised to
keep peace.
SEVENTEEN ARRAIGNED
By Modou Jonga
Mustapha Jadama and 16 others were on Monday 4th December 2006 arraigned
before Magistrate E.F. Mbai at the Brikama Magistrate court.
The seventeen accused persons were charged for acting without lawful excuse
in a manner calculated to lead to intermittent of violence, destruction or
damage to property on the charge sheet was read to the accused persons in a
language they claim to understand, they pleaded not guilty.
It is alleged that the commission of this offence occurred on the 1st
December 2006 at both Old Yundum village and Sinchu Alhagie village in the Kombo
North and which contravenes section 59 (b) of the Criminal Code.
In his application for adjournment, police prosecutor 413 Sanyang said
investigation on the said alleged act is incomplete and the other accused persons
are yet to be arrested by the police. Also objecting to granting bail to the
accused persons. The police prosecutor aid if the accused persons are granted
bail they could cause trouble or commotion in the community and also
interfere with the investigations.
The objection to refused bail to the accused persons by the prosecutor was
overruled by the magistrate.
Bail was subsequently granted to the accused person in the sum of each D3000
(three thousand dalasis) each by a Gambian surety with a valid ID. The
accused persons were further warned to be always present in court in order to
avoid their bail being revoked.
The case was adjourned to Thursday 14th December, 2006.
OPEN LETTER TO THE PRESIDENT ELECT
I want to congratulate you for your landslide and incontestable victory.
Besides, I would like you to consider this advice during your first one hundred
days.
Make constitutional amendment for the speaker to be selected only from the
elected members of the National Assembly.
Let the TV and Radio broadcast live and direct, all National Assembly
sittings. The Gambian people need the opportunity to identity progressive and
representatives Reinstitute the former NTC, call it the National Youth Enterprise.
Investing on the youths is the way to national development
All Nations are fine tuning ways to make their prisons free of political
Prisoners, The Gambia cares for her image and wants to be part of the world
civilized communities, please free all political prisoners
Political violence, arresting a man on the basis of suspicion and throwing
him in jail without proper court processes and without giving him enough
opportunity to prepare for his defence, should he a thing of the past and must not
be permitted. The Gambia is a democracy and therefore Gambians must he free
people, free to join any political party or religion. Say anything anytime
and anywhere. We are in a free world and a free country
Sir I wish you all the best. A clear understanding mind during your five
years tenure.
Kebba Langbo Bojang, Madison WI, USA
Justice Grante Dies
By Bubacarr K. Sowe
Justice Wallace G. Grante, a former Justice of The Gambia Court of Appeal
has been reported dead in the United Kingdom on Friday, 1st of December.
According to a source from the Judiciary, funeral service will be announced
later.
Journalist Fatty’s Trial In Limbo
By Fabakary B. Ceesay
The Criminal trial involving Lamin Fatty of the closed down Independent
Newspaper and the state, has yet again suffered another setback.
The case was adjourned to the 19th December 2006 due to the lack of a
Principal Magistrate at Kanifing Magistrate Court who should assign the case to a
new Magistrate. The then presiding Magistrate, and former Principal Magistrate
Kebba Sanyang has been appointed to the portfolio of Attorney General. Since
then the case has been adjourned on two occasions.
Lamin Fatty is standing trial for alleged false publication after the March
21st alleged abortive coup. In the previous sitting, defence counsel Lamin S.
Camara has urged the court to discharge Mr. Fatty as the prosecution failed
to produced its witness in court on many occasions. Counsel Camara said, “
Justice delayed is Justice denied.”
Kassa Jaata And Co Case In Progress
By Fabakary B. Ceesay
The case of Dudu Kassa Jaata and seven (7) others was, on Monday 4th
December 2006, heard at the Kanifing Magistrate Court. The case was presided over by
Magistrate Abdoulie Mbackeh. The sixth prosecution witness (Pw6), Binta
Njie, told the court that on the 27th June 2006, while she was at the voters
registration centre at Bantang Koto in Wassuling Kunda, she saw Cherno Ndure
coming towards them with an iron bar in his hand. She said that Cherno came to
where they sat and asked, “Who reported my uncle to the police?” and that he
started insulting. She said that at that point her daughter was standing by
her side who was having a book and pen; that Cherno then ask her, “are you
writing my name?” she said it was then that Cherno lifted the iron and attempted
to hit her daughter with it and at that point. She herself intervened and
grabbed the iron and snatched it from Cherno. Binta Njie told the court that she
then handed over the iron to one Fatou Badjie. She concluded that she was
later called to the police by the S.O of Bakau Station.
During cross-examination, by Counsel Lamin S. Camara Binta Njie said that
she cannot remember the exact date or day when she went to report to the
station. But that it was during the course of the same week of the incident. She
added that she made a statement to the police. Mrs. Binta Njie said that Cherno
did not call her daughter by name and that her daughter did not also respond
to Cherno. Also testifying, Kaddy Sidibeh, as the seventh prosecution
witness (PW7), told the court that, on the 27th June 2006, she, Fatou Badjie, Kumba
Barry, Mama Badjie, Lamin Jallow, Ousman Conteh and Sireh Jammeh were all at
the APRC agents table at the voter registration centre at Bakau Bantangkoto,
in Wassuling Kunda. She said a group of people came to their table and
started hauling insults but that they did not mention anybody’s name. She
explained that she asked her partner not to respond to them. She said that Sireh
Jammeh then started laughing which made Cherno to call out “You who are laughing
come out.” It was then that Sireh asked Cherno “Are you directing your
insults to me?” she added. She said that at that point Cherno lifted the iron bar
and attempted to hit Sireh but Binta Njie intervened and seized the iron bar
from him. She concluded that the police later came to Bantangkoto and asked
them to report to the station. In her cross-examination, she indicated that
all of them who were present at the registration centre were asked to go to the
station including Binta Njie. She said she did not go with them together to
the police station but had later joined them. She told the court that it was
on that very day when they went to report to the police station and on that
day she found Binta Njie at the station. She said she was with Binta Njie when
the whole incident started. She indicated that she had made a statement at
the police station. The case was adjourned to the 19th December 2006 for
further hearing. Dudu Kassa Jaata, Omar Jatta, Isatou Jawara, Mariama Fatty, Lamin
Jawara, Cherno Ndure Jarjue, Lamin Jassey and Mamburana Jatta are standing
trial for allegedly arming themselves in public, uttering abusive language and
obstructing police officers while executing their duties
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