FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
19 June 2009
The seven (7) Gambian Journalists, namely Sam Sarr, Pap Saine, Emil Touray, Ebrima Sawaneh, Pa Modou Faal, Sarata Jabbi-Dibba and Abubacarr Saidykhan, were on Thursday, 18 June, arraigned before Principal Magistrate Sainabou Wadda Ceesay of the Kanifing Magistrate Court and all of them, except Mrs. Jabbi, were subsequently remanded due to the application for bail denial made by the Director of Public Publication (DPP).
The seven journalists were charged with "Conspiracy to publish seditious publication contrary to Section 368 of the Criminal Code and Publishing seditious publication contrary to Section 51 sub-Section one (A) and (C) of the Criminal Code. They all pleaded not guilty to the charges. All the seven accused persons appeared without legal representation and they all submitted their bail applications by themselves.
In their bail application, the accused persons said they were arrested since on Monday 15 June and were being held incommunicado without access to their lawyers. They argued that the offences they are charged with are bailable and told the court that they are responsible individuals and would make themselves available to the court for the trial. They said they would not interfere with the investigations and will not commit the said offence. They cited section 24 of the Constitution, which states that, "Every person charged with a criminal offence is presumed innocent until the person is found guilty or pleaded guilty". They argued that as accused persons they should be given adequate time to prepare for their defence and added that if they are remanded they would not be able to prepare their defence.
Emil Touray and Pa Modou Faal told the court that they are currently undergoing medical check up at the hospital while under detention and that if they are remanded it would exacerbate and add more agony to their illness.
Mrs. Jabbi-Dibba also told the court that she is a lactating mother of a less than one year old baby.
The Director of Public Prosecution (DPP), Richard N. Chenge, objected to the bail applications. DPP Chenge agreed with the accused persons that the offence charged is a bailable one, adding "But, I'm saying a big no to their bail application."
The DPP told the court that the accused persons are journalists and are gentlemen and they are not likely to escape. He however indicated that there is likelihood that they will commit the same offence again if granted bail. He argued that they are determined to continue with the seditious publication again. The DPP added that they have stated clearly their view that they would continue insinuating that the president and the government of the Gambia are responsible for the murder of one Deyda Hydara.
DPP Chenge told the court that due to this facts he is strongly objecting to the bail applications of the accused persons until their lawyers can file a motion of affidavit in which they will swear that they will not continue with the offence of insinuation in their newspapers and on the websites that the president and government is responsible for the killing of Deyda Hydara. He cited a Nigerian Supreme Court case and urged the court to remand them.
Replying on points of law, Sam Sarr, on behalf of the seven accused persons, told the court that they are relying on Section 24 of the Constitution.
Magistrate Wadda Ceesay, in delivering her ruling on the arguments by the State and the accused persons, granted bail to Mrs. Sarata Jabbi Dibba, who is said to be on police bail. Her bail conditions are D200, 000 with two (2) Gambian sureties who should deposit title deeds. She also ruled that all the other six (6) accused persons should be remanded until Monday, 22 June.
Mrs. Jabbi Dibba was taken away, even though she was granted bail by the court. The NIA officers did not give her chance to prepare her bail bond and said they would prepare her bail at their office. She was taken with all the 6 remanded journalists on board a blue "Gelegele" van, with registration number: BJL 7173 F, which headed towards Banjul.
Read comments. Write your own.
Copyright © 2009 FOROYAA Newspaper. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
Isn't it surprising that Jammeh whose coup benefited immensely from the favourable press coverage has turned on the media harshly. Moreover, One of the editors arrested was Jammeh's science teacher in high school. What an amazing turnaround.
Which "press" "favourably" covered Jammeh's coup d'etat?
A coup d'etat is an explicit violation of the will of the people, however theorized. So, the "press" was complicit?
Very well: welcome to reality---the one you helps you is in the most propitious position to hurt you.
The truth is that there is no "press" in INVADERLAND AFRICA: there are bootlicking printing houses.
Be real! What 'press'? A press when 95% of the population can't read its INVADERLAND 'national' languages?
Who consumes the product of the African "press"? The African people last, n'est pas? (Pathetic indeed: I write INVADER scripts, comfortable I am in INVADERLAND culture---far removed from the Africa that streams through my veins; Africa silent, silenced by centuries of INVADER barbarism. Africa can be appropriated only allegorically by me and you: Africa torn betwen diremption and unity.
Compared to these mind boggling issues, the "press" is a silly footnote.
What, by the way, is "the press"?
Repression of journalists continues unabated in the Gambia where any view contrary to the official line is met with jail time, or a sandy pit. If Jammeh has nothing to hide let the press investigate further. What about the Ghanians that were killed. There are too many mysteries that need an explanantion. Gambians do not discuss politics freely anymore. This has already begun to affect tourists' perception of the country as you cannot enjoy yourself if the locals live in fear.