FOROYAA Newspaper (Serrekunda)

Gambia: Justice Wowo Remands the Seven Journalists

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 before the Senior Magistrate Sainabou Wadda-Ceesay at the Kanifing Magistrates' Court on the 18th day of June 2009.

This case which has been adjourned to 7th July is now heard on Wednesday July 3, 2009 before Justice Wowo of the High Court in Banjul.

The first question raised by justice Wowo was whether the state was going to oppose bail. D.R.Chenge said they are opposing bail. Antouman Gaye stood up to say that he is contesting that his clients do not wish to take their plea in court today.

Sam Sarr accused No. 7 also said he is not taken his plea as of now.

Justice Wowo however insists that let the charges be read to the accused persons, which was done. Counsel Gaye stood up to say that the position taken by the accused is not taken by them out of disrespect for his lordship. He said these charges contain 5 counts, three of which are already pending at the Kanifing Magistrate Court. He said count 1, 2.and 3 are being replicated here as well.

The Judge asked whether he is objecting to these counts in this court. Lawyer Gaye said he does not want to do the job for the prosecution. He said none of the counts have been annulled at the Kanifing court. He argued that they cannot be pending there and be brought before this court as well. Mr. Gaye called on the prosecution to make up their minds.

D.R. Chenge said he entirely disagrees with the learned counsel. He argued that the normal procedure in The Gambia takes cognizance of the charges. He said the case has not really been taken by the Magistrate. He said all they want is for them to take their plea here and the charge before the Magistrate court will be withdrawn once they take their plea here.

Lawyer Gaye advanced that it has been considered that plea has not taken place at the magistrates' court but said notwithstanding, that court has granted bail to them; that they have not yet arranged the case but bail was granted.

Justice Wowo interjected to say that he is surprised that bail has been granted to them at the Magistrates' court. He however said what happened at the Magistrate court has not affected his court in any way. He said the reason why the charge is read to them is 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 is that counsel should now file a formal application to object to all these things and the DPP to give his response and he will give a ruling on the matter.

Lawyer Gaye said his application will deal with all other matters which Wowo agreed and said the accused be remanded pending the application of the defense counsel. He then left the courtroom and after some minutes, the court clerk came back to say that the case is adjourned to Wednesday 8th July 2009.

However, the clerk of the court later came back from chambers to announce that the case is adjourned to Wednesday 8th July 2009.

As it stands, the seven journalists are remanded at the state Central Mile 2 prison pending the application of their counsel. Mr. Gaye who appeared to be in distress and stunned by the decision of the court was seen walking abruptly out of the courtroom.


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