FOROYAA Newspaper (Serrekunda)
6 July 2009
The case of the seven journalists, namely; Ebrima Sawaneh, News Editor of The Point newspaper; Pap Saine, Editor of The Point newspaper; Sarata Jabbi Dibba, GPU Vice President; Pa Modou Faal, GPU Treasurer; Abubacarr Saidykhan of the Foroyaa; Sam Sarr, Managing Editor of Foroyaa and Emil Touray, Secretary General of GPU, were recently arraigned on three sedition related charges before the Senior Magistrate Sainabou Wadda-Ceesay at the Kanifing Magistrates' Court on the 18th day of June 2009.
They were all granted bail by the magistrate, together with Mrs Sarata Jabbi-Dibba, who was earlier given bail, and the case adjourned for them to reappear before the Kanifing Magistrates' Court on Tuesday, 7 July, 2009.
The seven journalists were however served on Wednesday, 1 July, to appear on Friday, 3 July, before Justice Joseph Wowo of the High Court on five counts, including the three sedition related charges that were before the Kanifing Magistrate Court. The two new charges that have been added are "conspiracy to commit defamation" and "defamation of the President".
The first question raised by justice Wowo was whether the state was going to oppose bail. Director of Public Prosecution (DPP) Richard N.Chenge said they were opposing bail. Antouman Gaye, who appeared with H. Gaye for the defence, stood up to say that his clients did not wish to take their plea in court today.
Sam Sarr, accused No. 6, appearing for himself, also said he was not taking his plea as of now.
Justice Wowo however insisted that the charges be read to the accused persons and which was done.
Counsel Gaye argued that the position being taken by the accused persons was not out of disrespect of his lordship's court but for legal reasons and which he would explain. He said "the instruction is that these charges, three were already pending at the Kanifing Magistrates' Court and the case was adjourned for Tuesday, 7 July. My argument is that the charges are being replicated."
He said count 1, 2.and 3 were being replicated there as well.
The defence counsel argued that the prosecution had not formally withdrawn the case neither under section 28 nor under 'Nolle prosequi'.
"Let the prosecution make up their mind," said Lawyer Gaye.
The Judge asked whether he was objecting to all the counts and in response Lawyer Gaye said he did not want to do the job for the prosecution. Counsel Gaye said none of the counts had been annulled at the Kanifing court and that they could not be pending there and again be brought before this court.
DPP Chenge said he entirely disagreed with the learned counsel. He argued that the normal procedure in The Gambia takes cognizance of the charges.
"We want this matter to be heard in the High Court because of the personalities involved," said DPP Chenge.
He said the case had not really been taken by the Magistrate and that all they wanted was for them to take their plea there and the charge before the Magistrate court would be withdrawn once they had taken their plea at the High Court.
Lawyer Gaye advanced that it had been observed that plea had not taken place at the magistrates' court but said notwithstanding, that court had granted bail to them; that they had not yet arranged the case but bail was granted.
Justice Wowo interjected to say that he was surprised that bail had been granted to them at the Magistrates' court. He however said what happened at the Magistrate court had not affected his court in any way. He said the reason why the charge was read to them was for their counsel to apply bail for them and for Sam to apply bail for himself; but added that to save time and energy, his ruling was that counsel should now file a formal application to object to all these things and the DPP to give his response and that he would give a ruling on the matter.
Lawyer Gaye said his application would deal with all other matters.
Justice Wowo ordered that all the seven accused journalists be remanded pending the application of the defense counsel. He then abruptly left the courtroom and after some minutes the court clerk came back to say that the case had been adjourned to Wednesday, 8th July, 2009. They were then put on board an open prison truck with others in prisoner's garments and were taken to Mile 2 prison.
After some consultations by Lawyer Gaye and other senior counsels, an order was made by Justice Wowo for the immediate release of the 3rd accused, Sarata Jabbi-Dibba, a lactating mother of a less than one year old child. Madam Jabbi-Dibba was later released from remand around 2.30 pm.
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