Journalist Pap Saine’s “False Pretense Case” Finally Takes off

Following weeks of fatally flawed prosecutorial documents and sickening incompetence in the drafting and formatting of charge sheets, the much-published false pretence case against veteran Reuters West and Central Africa dean, Pap Saine is now in high gear.

Police Inspector Sainey Ndure of Banjul’s Serious Crimes Unit appeared today before Magistrate Lamin George as the first Prosecution Witness to testify on the 'so-called' false pretense and declaration charges against the urbane Mr.Saine who is also publisher and Managing Editor of the Point Newspaper. He is accused of fraudulently being in possession of a Gambian Identity Card and Passport.

In his testimony, Inspector Ndure told the court that he is a police officer attached to the Major Crimes Unit, Police Headquarters in Banjul. He recalled that on February 9, 2009 he was assigned to interrogate Mr. Saine and to obtain a statement from him, which he recalled doing in the presence of an independent witness and Pap Saine’s solicitor. Inspector Ndure said after taking his particulars and cautionary wording, he read the statement to the understanding of Mr. Saine, in the English language. He said Saine signed the statement and he “cautioned him.” Ndure added that Mr. Saine was asked to produce his citizenship documents and his nationality questioned. “Saine told the police that he was Gambian,” said Ndure. He concluded that Mr. Saine produced copies of his passport, identification card, voters’ card and birth certificate. Copies of the documents were then tendered in court as exhibits, and the case adjourned to April 8, 2009.

It can be recalled that Pap Saine appeared before the Magistrates’ Court in Banjul on Tuesday February 24, 2009 charged with two counts of “obtaining Gambian citizenship registration by false pretence”, and “obtaining a Gambian passport by false declaration."  

On Count 1, Mr. Saine is charged with “obtaining registration by false pretense contrary to section 295 of criminal code cap 10 volume III laws of The Gambia. The alleged offence states that “Pap Saine sometime in the year 1994 in the city of Banjul knowing to be non-citizen of The Gambia unlawfully procured and obtained a Gambian birth certificate No. CLP 289 by false pretence and thereby committed an offence.”

On count 2, Mr. Saine is charged with obtaining a passport by false declaration contrary to section 31(h) of the Immigration Act cap 16.02. The alleged offence states: “Pap Saine on or about the 21st May 2007 at the Immigration headquarters in the city of Banjul by false declaration obtained a Gambian passport No. PC 183902 for himself and thereby committed an offence.” Mr. Saine has since denied the charges.

He was granted court bail not withstanding objections raised by the prosecution. The bail conditions required him to furnish the court with two Gambian sureties in the sum of D10, 000 each, and to be reporting to the police every Friday.

At the resumption of the case on 11th March 2009, Magistrates George ruled in favour of the defense counsel Mr. Momodou Drammeh who complained to the court that the prosecution did not serve him with details of the charges.

Despite objections by the Prosecutor- Cadet Inspector Keita who argued that it is not applicable for subordinate courts to provide details of charges to a defense, Magistrate George overruled that counsel Drammeh be served with details of the charges before the case will be continued on the adjournment date of March 25 2009.