FOROYAA Newspaper (Serrekunda)
Musa Barrow
24 June 2009
Six arrested Gambian journalists Sam Sarr, Pap Saine, Ebrima Sawaneh, Pa Modou Faal, Emil Touray, Abubacarr Saidykhan were on Monday, 22 June, 2009, granted bail by Magistrate Sainabou Wadda Ceesay of the Kanifing Magistrates' Court.
The bail bond for each of the six journalists, who are charged with causing seditious publication and conspiracy to publish seditious publication, amounted to four hundred thousand dalasi (D400, 000). They were required to produce two Gambian sureties with landed properties for each accused person.
Readers would recall that when the accused persons were first rushed to court and arraigned before Magistrate Sainabou Wadda Ceesay on Thursday, 18 June, they were asked whether they would like to take their plea. All of them indicated that since they had no legal representation they would rather wait until the next proceeding before taking their plea.
Furthermore, all the accused persons made application for bail before the case was adjourned. Ebrima Sawaneh submitted that the offence is bailable. Mr. Pap Saine made the same observations and added that his health was poor. Madam Sarata Jabbi Dibba added that she was already on police bail and that she was a lactating mother. Mr. Pa Modou Faal indicated that the offence is bailable and drew the attention of the court to the condition of his health. Mr. Abubacarr Saidykhan, explained that he was arrested while taking a photograph of his editor as he was being arrested to write a story; that he was kept until that day without being told the offence he had committed.
Mr. Sam Sarr submitted that the offence is bailable. He argued that in any bail condition the court has to consider the following conditions:
1) that the accused person will avail himself/herself whenever required by the court
2) That the accused person will not interfere with the investigation;
3) That the accused person is not likely to commit a similar offence.
He indicated that he is a responsible man with a family and the managing editor of a responsible newspaper who will fully meet all three conditions.
He drew the attention of the court to section 24 of the constitution that every accused person is presumed innocent until he has been proven guilty or has pleaded guilty. He then submitted that bail should be granted unless the three conditions also could not be met. In the absence of a counsel Mr. Sarr also cited that according to section 24 of the Constitution the accused should be afforded adequate time and facilities to prepare for his/her defence.He stated that from his experience at Mile 2 accused persons are denied materials needed for their defence.He said that his continued detention at mile 2 prisons would deny him adequate facilities to prepare for his defence.
Mr. Emil Touray submitted that the charge is not a capital offence; that it is a bailable offence. He said that while detained at the NIA Headquarters he had to be taken to the military clinic for treatment adding that incarcerating him would only worsen his condition. He promised to adhere to bail conditions and applied for bail to be granted by the court.
The Reaction of the DPP
On his part the Director of Public Prosecution Mr. Chenge opposed the granting of bail. According to him while the offence is bailable, the three conditions that must be fulfilled must co-exist. He outlined the three conditions as follows:
1) that the accused will avail himself/herself to court when needed and will not jump bail. He described the accused as gentle people.
2) That the accused will not interfere with the investigation. He informed the court that the investigation is still continuing
3) That the accused will not commit an offence similar to the one for which he or she is charged. He said that he was particularly concerned with this condition. He argued that in his view the accused are likely to commit a similar offence. He said the three conditions which should coexist have not co-existed. He expressed his opposition to bail.
The magistrate inquired about the situation of the third accused person, Sarata Jabbi Dibba who was granted police bail. The DPP said that she was granted bail without his permission and opposed bail being extended to her. The Magistrate granted bail to Sarata in the sum of D400,000 divided equally between two sureties, each submitting a title deed. The other six accused persons were remanded in custody until Monday 22 June when she is to make her ruling on the bail applications.
In her ruling on the objection of the Director of Public Prosecutions, Richard N. Chenge, to grant the six media practitioners bail, Magistrate Wadda Ceesay said all the six are Gambian journalists with families in the country and as such the possibility of them escaping does not exist.
On DPP R.N Chenge's objection that the accused persons may interfere with the investigation, the Magistrate said that does no longer apply given that the investigation was completed.
Having taking the above mentioned factors into consideration, Magistrate Wadda Ceesay proceeded to grant the six Gambian journalists bail.
.Ebrima Sawaneh, Sarata Jabbi Dibba, Pa Modou Faal, Abubacarr Saidykhan and Emil Touray, who are the 1st, 3rd, 4th, 5th and 7th accused persons, respectively, are being represented by Defence Counsel Lamin Camara.
Defence counsels Edrissa S. Sissoho and Assan Martin are representing Pap Saine, the second accused person.
Mr Sam Sarr is currently defending himself.
The case of the seven Gambian journalists was adjourned to Tuesday, 7 July, 2009 for plea taking.
All the six journalists have eventually fulfilled the bail conditions, as they were all seen, at different times, walking out of the premises of the Kanifing Magistrate Court and received by a jubilant crowd waiting outside.
These people included the relatives, friends and colleagues in the media fraternity as well as well wishers who were there to show solidarity. Among those who have also witnessed the appearance of the six journalists in court was the United States ambassador to The Gambia, Mr. Barry Wells, and the Deputy British High Commissioner.
There was a heavy presence of armed Police Intervention Unit (PIU) personnel who moved the huge crowd out of the court premises. Hundreds of people stood outside and cheered the journalists. Mr. Saidykhan, the youngest among them was carried shoulder high by colleagues.
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