FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
9 July 2009
The six Gambian journalists that were remanded in custody by Justice Joseph Wowo of the Banjul High Court on Friday, 3 July, have been granted bail on Monday, 6 July, by the same judge.
They will today, 8 July, appear before the same court to answer to a five count criminal charges against them by the State. The seventh journalist has been on bail since Friday, due to her status as a lactating mother. She will also appear alongside her media colleagues.
The seven journalists, Mr. Sam Sarr, Pap Saine, Emil Touray, Ebrima Sawaneh, Abubacarr Saidykhan, Mrs. Sarata Jabbi Dibba and Pa Modou Faal, were all arrested on Monday, 15 June. All except Mrs. Jabbi Dibba were put incommunicado for three days and rushed to court without a legal representative. The seven journalists were arraigned in court on Thursday, 18 June, and charged with three counts of Conspiracy to publish seditious publication and publishing seditious publication. The ruling on their bail applications was deferred by Magistrate Sainabou Wadda Ceesay of the Kanifing Magistrates Court and they were then remanded. Mrs. Jabbi Dibba was given a bail bond of D200, 000, with two Gambian sureties with landed properties.
On Monday, 22 June, Magistrate Wadda Ceesay granted the six journalists bail with the same conditions as that of Mrs. Dibba. They were asked to appear in court on Tuesday, 7 July, to take their pleas to the charges. However, prior to the 7 July case at Kanifing Magistrates' Court, the matter took a U-turn when the State filed another case at the High Court on Friday, 3 July, with the same three charges in the lower court together with two new additional charges. The additional charges relate to defamation against the person of the president and the state.
They refused to take their pleas to the charges. The lawyer argued that three of the charges are pending at the Kanifing Magistrates' Court and that they could not take their pleas to the same charges at the High Court. Defence Lawyer Gaye argued that until the charges at the Kanifing court are dropped, they would not take their plea. Counsel Gaye's oral bail application was not allowed by the court, which ruled that he filed a written application pending which all the seven journalists would be remanded. Justice Wowo then adjourned the matter till 8 July. Mrs. Dibba was however released hours later after negotiations took place.
On Monday, 6 July, the defence counsel, Mr. Antouman Gaye, the lead counsel together with Lamin S. Camara and Madam Hajum Gaye, filed a 14 paragraph bail application supported by the third accused person Mrs. Sarata Jabbi Dibba. Mr. Gaye told the court that they would rely on all the 14 points of the application.
The Director of Public Prosecutions (DPP), R.N Chenge did not oppose the bail application, but argued that the accused persons should not commit the said alleged offences again while on bail. He added that if they commit the said offences again, they should be remanded.
Defence Counsel Gaye objected to that and argued that DPP was talking as if the alleged said offences are true. He said, "Nobody knows whether the said offences are committed yet. We are saying we did not commit any offence."
Justice Wowo, in his ruling, said "Upon listening to counsel for the applicants, Mr. A.A.B. Gaye, and that of the State counsel, DPP R. N. Chenge, who said he is not opposing the application for bail, the court will therefore grant bail to the applicants on the following terms; 1. Deposit a D400, 000.00 bail bond with the Registrar of the Court. 2. Two Gambian sureties, each for the applicants and they must have landed properties within the greater Banjul area. 3. The applicants shall not publish anything whatsoever that would relate to the alleged publication when on bail. 4. The applicants shall report to the nearest police station to their residence once every week until further notice."
However, by the time the bail preparation process was completed, Justice Wowo had already closed for the day and so the bond could not be signed for the release of the seven journalists.
However, it was on Tuesday, 7 July, that the 6 remanded journalists walked out of the Mile 2 prison, at exactly 10:40 am, and headed to the office of the judge to finalize their release on bail. They later went to Kanifing Magistrates' Court for the State to withdraw the pending three charges before the said court. They will appear at the High Court today to answer to the five charges against them.
The charges against the seven journalists are, "Conspiracy to public seditious publication, contrary to section 368 of the criminal code. The particulars of offence states, "Ebrima Sawaneh, Pap Saine, Sarata Jabbi Dibba, Pa Modou Faal, Abubacarr Saidykhan, Sam Sarr and Bai Emil Touray, all members of the Gambia Press Union (GPU) sometimes in the month of June 2009, conspired amongst themselves and others now at large to publish in various newspapers in the Gambia and on various websites on the internet seditious publications making innuendoes that the President of the Republic of the Gambia and the Government of the Gambia are responsible for the murder of one Deyda Hydara with intent to bring the said president and government into contempt and ridicule and thereby committed an offence".
Count two, publishing seditious publication contrary to section 51(1)(a) read together with section 52(1)(c) of the criminal code." The particulars of offence states, the seven accused persons, "All members of Gambia Press Union (GPU) with intent to bring into hatred or contempt or to excite disaffection against the person of the President or the Government of the Republic of Gambia as established by law caused to be published in the Foroyaa newspaper edition of 12-14 June, 2009, at page 3 the following seditious publications," as thus, "Mere statements leading to the death of Deyda Hydara, cannot be accepted as exoneration of the Gambia government, neither by the union, international journalist associations, the Hydara Family or other interested parties. The death of any Gambian, more so one who was vocal on issues of human rights, freedom of expression and the development of the country in general, even if it means clashing with the powers that be, can only be deemed suspicious until such a time that the state can logically, reasonably, factually and forensically, and with the shortest possible period prove otherwise" and thereby committed an offence.
However both count two and three are the same with the particulars of offence, except the phrase, "the Point newspaper edition of 15 June 2009 at page 7".
Count four "Conspiracy to commit criminal defamation contrary to section 368 of the Criminal Code" and Count Five states "criminal defamation contrary to section 178 and punishable by section 34 of the criminal code."
The particulars of offence for Count Four are that the accused persons sometime in the month of June 2009 conspired amongst themselves and others now at large to publish in various Newspapers in the Gambia and on various Websites on the Internet defamatory statements making innuendoes that the President of the Republic of the Gambia and the Government of the Gambia are responsible for the murder of One Deyda Hydara with intent to bring the said President and the Government into contempt and ridicule and thereby committed an offence.
The particulars of offence for Count Five are that the accused persons sometime in the month of June 2009 published in various Newspapers in the Gambia and on various Websites on the Internet defamatory statements making innuendoes that the President of the Republic of the Gambia and the Government of the Gambia are responsible for the murder of One Deyda Hydara with intent to bring the said President and the Government into contempt and ridicule and thereby committed an offence.
The ordeal of the seven journalists started when Foroyaa and Point newspapers published the statement issued by the Gambia Press Union (GPU) in relation to the statement made by President Yahya Jammeh on the assassination of journalist Deyda Hydara in an exclusive interview with GRTS, which was re-broadcast on three different occasions.
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It amazes me that learned judges who are supposed to be protectors, interpreters and enforcers of the law of the land, are turning the law on its head by allowing themselves to be used by the State to prosecute members of the fourth Estate who are lawfully doing their jobs.
The judges by tacitly agreeing to toe the lines of the government are mortgaging their conscience and failing in the discharge of their duties and when a case is finally brought against the lunatic Jammeh in a world court of competent jurisdiction, these lawyers will equally have a case to answer.
For justice to be seen as done in The Gambia and for its citizens to have confidence in the judicial system in the country, judges must be seen as dispensing justice without fear or favor. To do contrary will mean The Gambia as currently constituted, is nothing more than a banana republic that is being ruled by a mad murderous man.