Foroyaa Newspaper Burning Issue     Issue No. 103/2006, 22-23 November, 2006   Editorial SACKINGS AND ARRESTS! LOOK FOR BETTER WAYS! The dismissal of top public servants quite often followed by their arrest and detention has charaterised the second term of office the incumbent, President Yahya Jammeh. In nearly all cases the detention is contrary to the requirement of the constitution, which commands the detaining authority to either take the detainee to court or release him or her with or without condition. A case in point is the recent unlawful detention of two senior civil servants, Baboucarr Jobarteh (Protocol Officer) and Lamin Sanneh (Permanent Secretary) at Mile Two.  The President will soon had another term and start with a new term. Will he allow his regime to be characterised by frequent and unexplained sackings and unlawful detentions, and therefore punt a gloomy picture of the governance record of the regime; or will he open a fresh page to ensure security of tenure of public servants by ensuring adherence to procedures and the law? The future will tell. Needless to say, public servants have families and dependents and are in need of job security. Emphasis should be based on competence. This is why it is spelt out in Section 169 Subsection (1) of the constitution that “(1) No public servant shall be- (a) victimised or discriminated against either directly or indirectly for having discharged his or other duties faithfully and according to law; or (b) be removed from office or reduced in rank or otherwise punished without just cause.     CONFESSIONS OF DEJECTED RETURNEES By Modou Jonga Four Gambian in their mid twenties have made no bones about their unsuccessful adventure in search of greener pasture in Spain. Speaking to this reporter, the four dejected returnees said they boarded a boat on an Island called Johe in the Senegalese region of Cassamance in the month of September this year. They said there were 72 aspirants migrants on board the vessel, twenty-seven of whom are Gambians. According to the quartet, they sailed for ten days in the sea and arrived in Spain on the eleventh day (11). They narrated that they ran out of food and that there was no medical care available on board the board to take care of their sick mates. “We paid D35000 for the Journey” they lamented.  Speaking further, the quartet noted that upon arriving on the coast of the Spanish Canary Island, they were met by the Spanish Civil “guides” and Spanish navy officers who provided food, water and medical care for those whose skins were affected by the salty water. “Therein, we were taken to a Spanish Police Camp where we spend one week” they lamented. The returnees confessed that they were arraigned in court and were asked their country of origin and where they boarded the vessel. They also noted that whilst in court, they were each given a piece of paper which states out that a maximum of forty days is to be spent in a Camp by an Immigrant. The quartet narrated that while they were in the camp, they were informed on a particular night by the Spanish police that they will be taken to Barcelonia where they will be freed and they would make efforts to trace their relative or friends who they will stay with. “We were dismayed when we were deported to The Gambia” they remarked. According to the quartet, some of the deportees were demoralised and as a result were crying before disembarking from the plane. They said an amount of 300 (three hundred) Euros was given to each of them at the entrance of the plane.     FARMERS’ PLATFORM GETS NEW EXECUTIVE By Bubacarr K. Sowe The National Farmers’ Platform, The Gambia on Saturday elected a new executive body at their General Assembly session held in Jenoi. The new executives are Musa Jawneh as President who went unopposed, Sima Sonko, Alagie Mboge, Philijay Kassama, Seedy Dem and Mama Camara as Vice Presidents. Sana Camara was elected Treasurer, Dembo Touray as Auditor and Sheriff Sanyang is holding the post of Secretary General, which was not contested. The President-elect, Mr. Jawneh, said that a Secretariat has been opened at Brikama Misera for the purpose of coordinating the activities of the organisation. “There were dialogues with cabinet members on measures recommended to elevate the groundnut marketing,” he said. Sheriff Sanyang, the platforms’ Secretary General said that reform committee have concluded negotiation with another consultant to come up with a five-year strategic plan and a budget for the plat form.  Deputising for the Governor of the Lower River Region, the Assistant Governor, Saul Njie said that the farmers’ platform use one of the most formidable force and the right path as an advocacy agency for the farming populace. “In July and November this year, the platform under the leadership of Mr. Jawneh engaged government and private sector on seeking solution to the groundnut market problem,” Mr. Njie said. The first Vice President, Sima Sonko promised that her association will work for the ultimate success of the farmers.    TREASON SUSPECT RELEASED By Modou Jonga Mustapha Lowe, a nephew of the Ex-chief of Defence Staff, Col. Ndure Cham, has been released by the authorities from the state central prison Mile II where he was detained for more than seven months, a family source told this reporter. Sources said Mr. Lowe, who is said to be a second year PTC student at Gambia College was posted to Sinchu Alagie Lower Basic School on teaching practice, was released from custody on Monday 20th November 2006. Mr. Lowe was arrested on the 25th March 2006. He testified as a state witness on 8th November in the treason trial involving Tamsir Jassey, Alieu Jobe, Omar Keita and Demba Dem. Readers could recall that Mr. Lowe first appeared at the high court on May 20th 2006. He was charged with treason alongside other men for his alleged involvement in the March 21st foiled coup. The preferred charge against Mr. Lowe was dropped by the prosecutors before he testified. A family source said they are delighted over the release of their loved one.     BUNJA DARBOE AND CO TRIAL Testimonies of Sowe And Loum By Fabakary B. Ceesay The trial involving Captain Bunja Darboe and others continued at the Yundum Barracks on Thursday 16th November 2006. First class detective Abdoulie Sowe and the independent witness, Babou Loum testified that day. In the case of Private Alagie Nying. Detective 1580 Abdoulie Sowe, a prosecution witness told the court that Private Alagie Nying was brought before the investigating panel on 4th April to explain his role and involvement in the coup. He pointed out that he was asked to obtain a statement from him. He noted that he read the cautionary statement to him, that anything he say will be used against him as evidence in a court of law. He said, Sergeant Ndure called an independent witness, but that the person had declined to be a witness. He said he then obtained the statement from the accused person in the presence of Detective Boto Keita. He narrated that Alagie Nying chose him to write his statement because he (Alagie Nying) could not write. He said, Nying explained in Wollof while he wrote the statement in English. He said he read the statement and explained to the accused person in Wollof. He said the accused person accepted the content of the statement and signed it, and he (Sowe) also signed the statement. Detective Sowe explained that on another date in May, Private Alagie was brought to the panel to explain his involvement in the coup attempt. He said he was later ordered to obtain a statement from him in the presence of an independent witness by the name Babou Loum. He said he then read the cautionary warnings to the accused person in the presence of Detective Corporal Boto Keita. He said the accused person and the independent witness also signed the statement. He said there was an armed officer who sat at a distance for their security. He said he read the statement to the accused person in Wollof and he (the accused) signed it on his free will without force or duress. He said the independent witness also signed the statement. The statement was tendered and marked exhibit TWT one. During cross-examination by defence counsel, Neneh Cham Chongan. 1580 Detective Sowe, indicated to the court that he obtained the statement from the accused person on 4th April and that the independent witness refused to sign the statement. He stated that he did not put in writing that the warnings were read to the accused to his understanding. “Am putting it to you that, the accused person had never told you his story twice,” said Chongan. Sowe replied, “The accused person had told me his story twice, on the 4th April and in May, when he appeared before me.” Defence counsel Chongan, asked, “If it is true that when you took two different statements from the accused person at different time and dates, they would not be exactly the same as word to word,” Sowe said “yes, they will be the same.” counsel Chongan put it to him that he was the only one with the accused person and the armed officer. Sowe said he was with detective Boto Keita and the armed officer was at a distance. “Am putting it to you that after the accused had narrated his story to the panelist, he did not narrate it to you and that there was no independent witness,” said Chongan. Sowe said, “The accused has explained his story to me, but that there was no independent witness, somebody was called upon to be a witness, but he refused in the presence of Detective Boto Keita.” Chongan asked Sowe, whether he can recalled telling the court that the reason why there was no independent witness was because the accused denied his involvement in the coup, Sowe said, he cannot recalled telling anything like that to the court. Detective Sowe denied that the accused was brought back after the recording on the 4th April to sign the statement. He also denied that the accused person was subjected to insults, threats and intimidation before he signed the statement. Chongan put it to him that while the tenth (10th) accused person was being taken to another room, the ninth (9th) accused person Lance Corporal Babou Janha was also brought in with his face covered with blood. Sowe replied that that was not the case. “Am putting it to you that Captain Musa Jammeh told the accused to sign before he will jump on him.” Sowe said, “there was no Musa Jammeh at the panel or present when the accused was brought in. Mrs. Chongan put it to him that TWT one (the statement) was made after the 27th September 2006, during the cause of this trial, Sowe replied, that it was made in the month of May. Chongan further put to him that TWT one was filed in the court when he (Sowe) started to testify in the court, she noted that it was not filed with the indictment. She also put it to him that, the only time he obtained the statement from the accused person was on 4th April. Sowe replied that he obtained the statement on the 4th April and in the month of May 2006. Chongan asked, did you indicate the month of May in TWT one? And apart from the 4th April and the month of May, did you ever obtained any other statement from the accused person?” Sowe said he obtained two voluntary statements from Nying on the 19th April at the Major Crime Unit at the NIA. He also said that it was witnessed by the independent witness, Babou Loum. Detective Sowe added that the accused person denied the charges that are preferred against him. He said one of the charges against the accused person is concealment of treason. He said he could not remember the second charge against the accused person. He urged the court to allow him to have access to the court’s records in order to refresh his memory. Mr. Chongan put it to him that, TWT one was made months afterwards and that there was nowhere the independent witness was present. She added that TWT one has been copied from the statement of the 4th April and that, the accused person was threatened by him (Sowe) and others and was also forced to sign the statement. She indicated that the accused was induced that he will be used as a state witness and that charges against him will be dropped. Sowe replied that the accused was never induced by anyone or threatened to sign a statement. “Am putting it to you that TWT one was taken under threat, intimidation and inducement,” said Chongan Sowe replied, “It was taken on his free will without duress.” The independent witness, Babou Loum, told the court martial that he had call on a particular date in May from Sergeant Ndure to come to the NIA to serve as an independent witness. He said upon his arrival at the NIA, Sergeant Ndure then informed Abdoulie Sowe about his arrival. He said Sowe introduced him to Private Alagie Nying that he (Loum) is to serve as an independent witness. He said Nying agreed to the proposal for Babou Loum to be an independent witness in the presence of Boto Keita. He noted that Sowe then cautioned the accused and asked him whether he want to write his statement or whether he (Sowe) can write it for him. He mentioned that the accused chose Sowe to write his statement for him while he explained in Wollof. He said they all signed the statement. During cross examination, Mr. Loum, told the court that he was called while he was in Barra and asked to come to Banjul to serve as a volunteer to witness the case, but maintained that this was not his first time to serve as an independent witness. He said he also served as witness to others, but could not tell how many times he signed as a witness. Mrs. Chongan asked him whether it is correct that he is a good candidate in being a witness, Loum, replied that he cannot say if he is good or bad but that he will be ready to be a volunteer if called upon to be one. Mr. Loum admitted that he appeared only once to witness the statement of Alagie Nying and that he heard everything that Nying was saying. He said he couldn’t actually tell the court what Nying had narrated because it is a long time. “Am putting it to you that prior to coming to this court, you have never seen Alagie Nying and that all your narrations were fabrications,” said Chongan. Loum said, “I have seen him before and am saying the truth.” Mr. Loum indicated that, the statement was in May but he cannot remember the actual date and that there was no date on the statement he signed. “Am putting it to you that it was after all the procedures that you were called in to sign” said Chongan. Loum said, “I was present from the beginning of the writing of the statement to the end.”      TRIAL OF KEMO SAHO By Modou Jonga The protracted trial involving Kemo Saho and Samba Bah continued at the Brikama Magistrate Court on Tuesday 21st November, 2006. In continuing his cross examination of the third prosecution witness cum complainant (Samba Bah), the defence counsel, lawyer Borry Touray said the complainant once quarrelled and subsequently fought with one Mansour Jarju in the said Mosque. The complainant admitted having quarreled with the said Mansour Jarju but denied fighting with him. The complainant also denied that on 16 February, 2005 he had fought with the accused in the same Mosque, but said he (the complainant) was chopped with a cutlass by the accused. The complainant did not agree with the claim made by the defence counsel that prior to the said assault incident, he together with one Demba Baldeh laid in ambush and attacked the accused. The complainant said it was the help of Demba Baldeh and one Gibril Sonko that saved him from being killed by the accused.  After the cross examination of the complainant, prosecutor 492 Badjie, informed the court that it is unfortunate that the first prosecution witness who is needed for further cross examination by the defence counsel, has travelled out of the country to the UK for a three year course, noting he cannot be made available in court. Defence counsel Touray, on his part said this development amounts to a denial of Justice and further urged the court to expunge the testimony of Ebrima Bah (the first prosecution witness) from the record of the case. The case was adjourned to Tuesday 5th December.     BAMBA NJIE IN COURT By Modou Jonga The case involving Abdoulie Bamba Njie (the accused) and the state was on Monday 20th November 2006, adjourned to Thursday 7th December by the presiding Magistrate, E.F Mbai, the accused, who pleaded not guilty for allegedly stealing a passport belonging to Ansu Sowe, a well known Gambia athlete was previously arraigned on Tuesday 12th September, 2006. The alleged passport theft is said to have happened on the 31st August 2006 at Banjul International Airport. The defence counsel Sydeny Riley was absent in court on Monday. The Police prosecutor is 1831 Sanyang of the Brikama Police Station. The accused was present in court.     DUO CHARGED FOR ASSAULT By Modou Jonga The assault trial involving James Mendy and Ebou Mendy was on Monday 20th November, 2006 adjourned to Monday 4th December by Magistrate E.F Mbai due to the absence of lawyer Jobarteh, the defence counsel for the duo. The duo who were previously arraigned before the court, pleaded not guilty to assaulting one Pa S. Ceesay thereby causing the complainant actual bodily harm contrary to Section 228 of the Criminal Code. The alleged assault was said have happened on 11th July 2005 at Daranka village, Kombo North. The second accused, Ebou Mendy, was previously arraigned for unlawfully assaulting and obstructing first class 2023 Ebrima Jallow in the execution of his duty as a Police Officer. The second accused thus pleaded not guilty. 413 Sanyang of the Yundum Police Station represented the IGP.      REPORTER’S TRIAL ADJOURNED By Bubacarr K. Sowe and Fabakary B. Ceesay The trial of Lamin Fatty of the shuttered Independent Newspaper did not proceed at the Kanifing Magistrate Court due to the lack of a Magistrate to handle the case. This development is preceded by the appointment of the trial Magistrate to the position of Attorney General last week. Officials at the judiciary told reporters that the matter is deferred to the 4th December 2006.  Lamin Fatty is charged with false publication following the March 21st abortive coup. In the previous sitting, the then presiding Magistrate, Kebba Sanyang warned the prosecutions that failure to produced their witness to the court he will have not option but discharged and acquitted the accused.     TWO WITNESSES TESTIFY IN KASSA JAATA’S TRIAL By Bubacarr K. Sowe and Fabakary B. Ceesay Two prosecution witnesses, Abdoulie S.K Manneh and Sireh Jammeh on Monday testified before Magistrate Abdoulie Mbacke of the Kanifing Magistrate Court testimonies in the case of Dudu Kassa Jaata and eight others from his family. Mr. Manneh, who is working under the Serious Crimes Unit and is attached to the Bakau Police Station, told the court he was informed by his station officer, Assistant Superintendent Sawaneh, that a complaint was made against the Jatta family by the Dubois family in Bakau. He said that he, ASP Sawaneh, Sergeant Cham, Corporal Barry and some officers for the Police Intervention Unit (PIU) went to the scene to arrest the accused persons. Manneh narrated that they found a lady selling by the gate of the Dubois family who they mistakenly identified and arrested “After arresting her, we knew that she is not Mariama Fatty, but Nyima Manneh and she was immediately released,” the Police detective told the court. He said that a large crowd followed them to the Bakau Police Station and they insulted the Police. He also indicated that Dudu Kassa Jaata who was in the station came out and appealed to the crowd to go home, which he said they did. Testifying further, Manneh said that they were later instructed to arrest Dudu Kassa, but when they went to his home they were denied entry. He added that ASP Sawaneh was then granted entry and he asked for Kassa Jaata. He continued to say that Kassa and one Lamin Jawara were arrested, after which a lady called Isatou Jawara said she will go with his arrested brother, Lamin. “She was also arrested,” Manneh said. He also said that they met one Pa Jatta and took his statement. Manneh also played a recording from his mobile phone of the crowd that stormed the station. In a cross examination by the defence counsel, Lamin S. Camara, Manneh said that Isatou Jawara was arrested simply because she said she will go with her arrested brother Lamin Jawara. He said that the reason for the arrest of Pa Jaata became known to him when he was taking the latter’s statement. He also said they charged the accused persons and clarified that Kassa surrendered to the Police before he was arrested.  Sireh Jammeh who also testified at the Court, said that she was trying to calm her friend who was weeping at Bakau Bantankoto when a young man (Cherno Ndure) rushed towards them with an iron bar. She said that Cherno was insulting and asking for the name for the person who gave a bag of rice to the Police to arrest Ousman Jatta (Rambo). She said that her mother intervened and seized the iron bar from Cherno. Jammeh explained that she then took the iron bar to the Police Station and gave a statement. During cross examination she told the court that Cherno did not call anybody’s name while he was insulting, and that she did not give a bag of rice to the Police for arresting Ousman Jatta. She also said that she is convinced that Cherno is sane and chose to insult her only in such a crowd.     Africa’s Human Rights Record By Modou Nyang Lack of commitment to fully implement human rights obligations in Africa has resulted to the continent facing continuous human rights challenges, said Salimata Sawadogo, chairperson of the African Commission on Human and Peoples Rights. In her opening speech of the 40th session of the African Commission on Human and Peoples Rights on Wednesday, Ambassador Sawadogo observed that the issue of human rights in Africa is not the number of conventions, declarations or policies in place, but the practical application of the commitments stipulated. Sawadogo indicated that the commission continues to receive reports of human rights violations ranging from restrictions of freedom of expression, assembly and association together with torture and the violation of the right to life and arbitrary detention. She added that conflicts occasioned by violations of human rights continue to generate refugees and internally displaced persons, with the rights of women, children and the aged being trampled upon with impunity.  As the commission completes two decades of existence, the chairperson of the African Commission urged her compatriots in the human rights field to take stock and strategise to put in place measures to make human rights a theme in the transformation and integration processes. “After two decades of existence the commission should have a record to show to the African people” she stated. “We must ask our selves what we have done to enhance the enjoyment of human rights on the continent,” Sawadogo told the august gathering.  She went on to confront her colleagues by asking them as parties to the African charter what they have done to fulfill their obligations in these words. “As a state party to the charter for instance, what have you done to fulfill your obligation to the charter? Has the state put in place legislative measures as required by article 1 or submitted its periodic report as provided by article 62? As a National Human Rights Organisation what have you done to enhance the promotion and protection of human rights in your country?” Madam Sawadogo also challenged the NGO community on the submission of their activity reports to the commission and individuals too for their contributions made to serve the downtrodden Africans who may not even know about the existence of the African Commission   
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