And Doff's suit for slander and libel against Mams cannot be legal in any
sense of the word. But he won his case. I see now you want to talk. Are you
gonna watch Tiger at Hazeltine???? Haruna. How come you don't drink attaya
anyway??? What have you got against China green tea????? Wowo. On the
ground my left eye. FYI, you're saying the same thing UDP is saying, albeit
fashinably differently. Mr. T, where are you frong???
In a message dated 8/13/2009 1:16:19 A.M. Eastern Daylight Time,
[log in to unmask] writes:
Haruna,
I don't drink attaya. I don't think your scenario represents the situation
on the ground. The beginning part of the UDP statement explained the
manner in which the Jammeh Administration adulterates the legal system to suit
his personal needs, which renders any judgment based on such laws illegal.
The very court that convicted the journalists was not legally instituted;
the national assembly that enacted those draconian laws is not legally
constituted. Recently, Jammeh single-handedly sacked the chief justice and
speaker of the national assembly without following the requirements enshrined in
the Constitution.
The entire trial was a big sham. The journalists were detained longer than
the constitutional limit without taking them to court. They were detained
incommunicado for days without charge. They are tried at the high court
instead of the criminal court. Against the defense's request, key prosecution
witnesses gave their testimonies behind closed doors. Moreover, the
preponderant of evidence clearly shows that the journalists have not broken any
law. Therefore, the conviction of the journalists and their subsequent
imprisonment cannot be legal in any sense of the word.
ML Touray
____________________________________
From: Haruna Darbo <[log in to unmask]>
To: [log in to unmask]
Sent: Wednesday, August 12, 2009 11:36:58 PM
Subject: Re: UDP condems the arrest of the six Journalist!
Mr. T.,
The spectacle, is it for the eyes or the nose?
Consider this:
You were friends with Doff. One day Doff invited you for attaya at his
house. Do you drink attaya Mr. T.? You happen upon a few items which you
remmembered were Mams'. You report to Mams that you chanced upon some of his
personal items at Doff's house. Mams realized the thief at his home were
indeed Doff or that Doff may have purchased items stolen from him. Mams
confronts Doff and the latter denied stealing from Mams and assured Mams that the
items were gifted to him by their mutual friend Doma. Doff then sued you for
slander and libel and invasion of privacy. Doff won a heavy fine against
you.
I hope this brings the UDP's statement into perspective for you. Haruna.
The question is: Is Mr. T. guilty of slander and Libel against Doff??????????
$64,000.00 Ask your friends to assist you.
In a message dated 8/12/2009 7:31:14 P.M. Eastern Daylight Time,
[log in to unmask] writes:
Yanks,
Thanks for sharing UDP's press release about the conviction of the six
journalists; this is a very good step. We need more of this from Lawyer Darbo
and other leaders in the country.
For legal minds here, what does UDP means by the following quotation?
We do not question the legality of the conviction and sentence imposed on
Mr. Sawaneh and his colleagues. We however question the moral justification
for their trial and subsequent conviction and sentence when one considers
that the two media houses reproduced the reaction to some aspects of the
President’s interview with KEBBA DIBBA of GRTS.
ML Touray
____________________________________
From: yanks dabo <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, August 11, 2009 2:31:14 PM
Subject: UDP condems the arrest of the six Journalist!
Please find the UDP press release below:
The conviction of EBRIMA SAWANEH and his colleagues last week is the
climax of the continuous erosion of the freedom of speech which started with
APRC decrees No 70 and 71.
Whilst there is no dispute that every government to enact laws and provide
for the appropriate mechanism for these, no government has the moral
authority to deprive any class of citizens the right of freedom of expression of
views and opinion by the use of archaic colonial legislations that have
lost relevance in their countries of origin.
Media Practitioners (the Private) press have valiantly warded off the evil
effects of decrees No 70 & 71 and the Newspapers (Amendment) Act 2004 by
the proprietors and managers of various media houses fulfilling the
stringent conditions stipulated in these Decrees and Act.
The current administration in the Gambia that falsely prides itself as a
democratic one took umbrage under the now repealed section 210 of the
constitution to enact the ill-fated National Media Commission Act which itself
was repealed.
The administration’s inability to use the Media Commission Act to
suppress the free press in the Gambia led it to craft other obnoxious amendments
to the Criminal Code in 2004 by providing for mandatory six months
imprisonment without an option of fine for Sedition and Possession of seditious
publication redefined libel (criminal) and provided for “a term of
imprisonment of not less than six months without an option of fine�.
The 2004 amendment created the offence of false publication and
broadcasting imposing the same punishment as it does for sedition and libel.
Realising that the 2004 amendment to the Criminal Code has not produced the desired
negative effect on the independent media, the administration enacted yet
another press muzzling legislation in 2005 which amended sections 51,178 and
181A of the Criminal Code by increasing the sentences provided for to
range from a fine of not less than D50, 000 to no more than D250, 000 or
imprisonment of not less than two years and not more than five years.
These amendments show how the administration has resorted to the use of
legislation to scuttle the growth of a free and vibrant press in the Gambia .
It shows how an unscrupulous regime can give an aura of legality and
lawfulness to its objective of restricting freedom of expression guaranteed by
the Constitution. No journalist exercising his right to publish any material
and no person exercising his right to freedom of speech and expression has
a right to malign others or without justification defame others. It is
equally true that no one whatever his position in society has a right to make
any statement that is derogatory, contemptuous or insulting to any person.
Those who enjoy certain constitutional privileges and immunities must be
circumspect and well measured in their remarks about other people.
We do not question the legality of the conviction and sentence imposed on
Mr. Sawaneh and his colleagues. We however question the moral justification
for their trial and subsequent conviction and sentence when one considers
that the two media houses reproduced the reaction to some aspects of the
President’s interview with KEBBA DIBBA of GRTS.
We are also concerned with the custodial sentence because it is bound to
have adverse effects on the media houses these imprisoned journalists work
for as well as the Gambia Press Union. Messers Sawaneh, Pap Saine and Pa
Modou Faal all working for the Point Newspaper whilst Sam Sarr and Bai Emil
Touray both work with Foroyaa Newspaper. Any objective and dispassionate on
looker cannot but conclude that the sentences are meant to close down these
Media Houses.
Sarata Jabbie Dibba, Bai Emil Touray, and Pa Modou Faal are respectively
the Vice President, Secretary General and Treasurer of the Gambia Press
Union. The custodial sentence imposed on them coupled with the absence of the
President of the GPU from The Gambia will greatly hamper the effective
functioning of the GPU-the result a press union on paper.
The other moral dimension about the custodial sentence relates to Sarata
Jabbie Dibba’s participation in the publication of the seditious and
defamatory matter might be, consideration ought to have been given to her
peculiar condition. The Children’s Act does envisage people in Sarata Jabbie
Dibba’s situation and accordingly directs all courts in sentencing an
expectant or a nursing mother to consider the imposition of a non
institutional (custodial) sentence as an alternative measure to imprisonment.
The trend in the world is to ‘de-criminalize speech.’ This is in
accord with all modern Constitutions. The Gambia should not be an exception to
this. The Gambia proposed to and lobbied other African governments to
agree to the adoption of the African Charter on Human and People’s
Rights-the Banjul Charter. This Charter provides for freedom of the press and
freedom of expression.
We need not to move beyond rhetoric and give concrete expression to our
commitment to respect the rights of the media and media practitioners. We
must do all it takes to demonstrate to our African brothers and others outside
African that the Gambia is a deserving host for the African Centre for
Democracy and Human Rights Studies as well as the African Commission on Human
and People’s Rights.
The Jammeh administration should as a matter of urgency introduce a bill
in the National Assembly to repeal these oppressive legislations that curb
the freedom of speech and the press. England, unlike the Gambia, does not
have a written constitution to enforce and interprete; indeed it has no Bill
of Rights in the 1880s to enforce but a distinguished Judge in dealing with
sedition and freedom of speech said’ You will recollect how valuable a
blessing the liberty of the press is to all of us, and sure I am that the
liberty will meet no injury-suffer no diminution at you hands�. Let the
Jammeh administration take note of this and as a first step to halt injury
to the liberty of the press order the immediate release of Mr. Sawaneh and
his colleagues. The immediate release of these great servants of the public
will not only assure press freedom but will also unite SARATA JABBIE DIBBA
with her seven month old baby who is in great maternal care and comfort and
this is a right every Gambian child is entitled to.
UNITED DEMOCRATIC PARTY
SECRETARIAT, BANJUL
10 AUGUST 2009
____________________________________
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