Journalists open their defence, four testified
Four Gambia Press Union (GPU) members who were charged with publishing seditious publication and conspiracy to publish seditious materials testified before Banjul High Court judge- Emmanuel Fagbele today Wednesday, 29 July 2009.
All the five accused persons, namely Mr. Ebrima Sawaneh who started his testimony yesterday and completed it today followed by Mrs. Sarata Jabbi-Dibba, Mr Pa Modou Faal and Mr Emil Touray confirmed to the Court that they were detained at the NIA headquarters for three days, and rushed to the Kanifing Magistrate’s Court.
Mr Emil Touray said specifically, that he was detained for about 73 hours before taken to Court. They all said throughout their detention they were not informed why they were detained, neither were they given access to counsel, access to family members, no were they informed of their rights to a lawyer.
Mr. Touray also told the court that when he requested for his lawyer to be present while he was interrogated, one of NIA Directors told him that his counsel came to the NIA gate but was kicked out.
All the accused persons except Mr. Sam Sarr testified that they were on June 15 2009 contacted to report to the NIA office for questioning, and upon arrival they were shown copies of The Point and Foroyaa newspapers containing the article captioned: “GPU reacts to Jammeh’ statement on Deyda Hydara’s murder, press freedom”.
They all attested to the fact that the statement referred to in the charge sheet does not mention anywhere that the President and the Government of The Gambia are responsible for the murder of Deyda Hydara.
They also denied the state’s allegation that they have at any time conspired or intended at any time to defame or publish any seditious publication in their newspapers.
During yesterday’s sitting, Mr Emmanuel Fangbele, dismissed application of ‘no case to answer submission’ by defence counsel, Mr Lamin Camara.
He also acquitted and discharged the fifth accused person- Abubacarr Saidykhan and asked that the remaining six accused persons open their defence.
This development followed overruling by the justice Fagbele over an earlier application filed by the defence at the Court of Appeal for the High Court stay execution pending the ruling which was due today against the charges, which the defence argued, “are defective”.
The defence among others also earlier applied that before the Appeal Court for the then presiding judge, the spineless Joseph Wowo to recuse himself from the case because they felt he was prejudice.
Mr. Lamin S. Camara on behalf of the accused persons submitted that the record of the previous court proceedings be avail to the defence to cross check the record of the last court session to allow them have access to the testimonies of the 2nd persecution witness (PW2) in order to properly cross examine the witness.
Overruling the defence, Justice Fagbele said the Chief Justice has intervened by reassigning the case to him (Fagbele).
The Point’s Managing Editor and Reuters’s Central and West Africa dean, veteran journalist, Pap Saine was visibly in a bad health condition and could not testify. Lawyer Camara applied for adjournment to tomorrow to allow Pap Saine to testify. In a related twist, Pap Saine's renewed case on false publication about the appointment of Neneh Macdouall Gaye as ambassador to US and the recalled diplomats was quashed minutes after it was called today. The Gambia Government said, it was dropping the case again.