FOROYAA Newspaper (Serrekunda)
Suwaibou Touray
10 July 2009
(Page 2 of 2)
He now indicated that Halifa called the following witnesses.
MUSTAPHA MARONG (DW 1): Mr Marong, appearing on behalf of the Solicitor General, said that the Gambia is a signatory to the Universal Declaration on Human and People's Rights and the International Covenants on Civil and Political Rights; that the court could take judicial notice of them. There was no cross examination.
EBRIMA SANYANG DW 2): Director of Information produced the recorded tape of the press conference of the Chairman of the AFPRC on 26 July, 1994 Defence Exhibit H); that Alieu Sanyang raised the following questions at the press conference:.
"Q: I have been listening to your statements but I have noticed that you have not specifically mentioned the concepts of respect for human rights and rule of law and the independence of the judiciary. Can your administration assure us that it will ensure respect for human rights, the rule of law and the independence of the judiciary?
Chairman Jammeh's reply: This is a government that is here to make sure that every citizen is treated humanely; that all people will be treated equally in the eyes of the law and whichever constitution comes after will ensure the freedom of the press, freedom of movement, freedom of expression for the interest of Gambians. So it has been said in all our pronouncements that we respect human rights. If we had not respected human rights we would have gone in search of the ministers in hiding but we want them to come out on their own and go on with their normal business and whoever is suspected of wrong doing will be dealt with according to law. I think that is human rights."
The Magistrate noted that the statement of the Chairman is not law or a decree and the courts cannot rely on it.
ISATOU JALLOW (DW 3) Secretary at the Registrar General's Office, she said that she received FOROYAA dated 27 July, 1994.
ABDOULIE JOBARTEH, DW 4:' Registry clerk at the Registrar General's office said that he received FOROYAA dated 29 July,1994; that both DW3 and DW4 said under cross examination that though the responsibility for receiving newspapers was that of the librarian, she received it on his behalf. The Magistrate noted, however, that rather than delivering them to the librarian, they placed them on the Registrar General's desk.
The Magistrate then moved to the evidence of Sidia Jatta by noting that he said that he had the same defence as Halifa; that under cross examination he admitted that he was a printer, publisher and editor of FOROYAA; that political propaganda is an anathema to PDOIS; that he was aware of Decree No.4;that he was selling FOROYAA with a zeal unprecedented in the history of the sale of newspapers; that for tactical reasons they thought it fitting for members to dissociate themselves; that hr had the same witnesses as Halifa.
See next edition as we follow the rest of the judgment delivered by Magistrate Mboge on this very important political trial in Gambian history.
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