GAMBIA-L Archives

The Gambia and Related Issues Mailing List

GAMBIA-L@LISTSERV.ICORS.ORG

Options: Use Forum View

Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Tue, 10 Jul 2007 21:08:24 EDT
Content-Type:
text/plain
Parts/Attachments:
text/plain (571 lines)
Foroyaa Newspaper Burning Issue
Issue No.  78/2007, 6 – 8 July 2007

Editorial
AFRICAN HEADS OF STATE AGREE  ON THE NEXT STEP FORWARD 
NO TURNING BACK
The 9 Ordinary Session of the  Assembly by Heads of State of the African 
Union held in Ghana from 1 – 3 July  2007 is now history.
Despite the fact that the Heads of State exceeded the  time allocated to the 
Grand Debate and stayed half a day extra to complete their  mission, there is 
still the dominant opinion in the local and international  media that the 
summit was a failure and that the Grand Debate amounted to  nothing.
These opinions, however, cannot be dismissed entirely as hostile  propaganda. 
It may be borne out of the long history of holding OAU Summit  without 
achieving the goals of unity. 
Furthermore, there is the issue of  information access. Such summits are 
usually held under close doors and there is  no independent news agency that is 
capable of getting vital information until a  final communiqué is issued. The AU 
Commission needs to look into the problem of  access to information during 
such important summits. One cannot close summits to  the media without any 
consistent briefing and expect the African people to be  properly informed.
However, Foroyaa would like to counsel the media  fraternity to read in 
between the lines to get to the truth. Foroyaa is  privileged to know the basis of 
the Grand Debate. Every information we have  given so far can be taken as 
irrefutable.
The 9th  Ordinary Session has  been devoted exclusively to the Grand Debate 
because of the commitment to  accelerate the process of economic and political 
integration.
Foroyaa had  made it categorically clear that the grand debate is not about 
spontaneity or  gradualism in establishing a union government and state but an 
attempt to find a  realistic way forward or continental unity
The term of office of the  chairperson, deputy chairperson and commissioners 
had also expired and their  election was due. This often comes with immense 
lobbying.
In his interview,  President Kufour of Ghana, the current president of the 
Assembly, corroborated  Foroyaa’s statement by asserting that “the debate has 
not been about winners and  losers, majority or minority, instantists or the 
gradualists. We emerged with a  common vision in principle for the realisation 
of a union government. We all  have a shared vision of a united, vibrant 
continental union”.
The lesson is  clear.
Those who claim that the summit was a failure are entitled to their  opinion. 
They are no different from those who originally claimed that OAU will  never 
be transformed into the AU when the Heads of State first went to Sirte,  Libya 
in 1999.
However, in 2002 South Africa became the host for the birth of  the African 
Union. Three years after the birth of the AU, the Heads of State  established a 
Committee of Seven Heads of State to preside over a study on the  
establishment of African Union government and the United States of  Africa.
These Seven Heads of State presented their report in 2006. This study  is 
made the Subject of a grand debate in 2007.
At the end of the summit the  Heads of State agree to set up a committee to 
prepare a time frame and road map  to found the union government which will be 
considered for adoption by the Heads  of State in January 2008 which is the 
period scheduled for the 10 Ordinary  Session.
What is unrealistic about such a proposal? What would have been the  
realistic option? Those who claim that the final decision is unrealistic now  have the 
duty to tell us what is realistic. If they have no offers to give then  they 
should be seen as criticising for the sake of it. This will not take Africa  
forward.
We must again emphasise that the United States did not become united  after 
eradicating poverty and civil war. It became united in the midst of  poverty 
and civil war. In the same vein, the different states of the US did not  unite 
because they were even in economic and social development.
They united  and promoted balance and proportionate development. Africa has 
no option for  attaining optimum social and economic development than unity.
Foroyaa will  keep you informed of all progress and obstacles. We are 
however, certain that we  will see African unity in our life time.
This is the verdict of history and  it is irrevocable. 

DETECTIVE SERGEANT CHAM CONTINUES  TESTIMONY IN TREASON TRIAL
By Bubacarr K. Sowe
Sergeant Lamin Cham, a  detective police officer, on Wednesday, July 4, 
re-appeared at the Banjul High  Court before justice Yeboah in the treason trial of 
the four civilian suspects  in the March 2006 foiled coup plot.
Continuing his evidence in chief,  Sergeant Cham said during the course of 
their investigation, he discovered that  Tamsir Jasseh, the fifth accused person 
knew ex-Chief of Defence Staff, Colonel  Ndure Cham, when Jasseh was Deputy 
Inspector General of Police and Director  General of Immigration.
Cham testified that Jasseh told him that Colonel  Ndure Cham sent him to the 
Senegalese Embassy for him to meet one Mr. Njouga and  tell him that The 
Gambia Army is not responsible for the bad relationship  between The Gambia and 
Senegal but they want a smooth relationship; that Ndure  Cham later informed him 
(Jasseh) about the plan to overthrow the government and  promised to make him 
the Inspector General of Police. According to Sergeant  Cham, Colonel Cham 
told Jasseh that they will damage the infrastructure in order  to interrupt the 
incoming and outgoing call, but Jasseh advised Colonel Cham not  to damage 
anything, instead he should remove certain fuses at The Gamtel Earth  Station at 
Abuko, so that the Gamcel, Gamtel and Africell fuses could be  replaced         
                                after the coup succeeded.
Sergeant Cham also said that Jasseh visited these  facilities and made a map 
of the switches which he later handed over to Colonel  Cham; that on the day 
of the coup Colonel Cham told Jasseh to go and remove  these switches but he 
did not go.
Detective Cham said Jasseh told him the map  was given to Captain Wassa 
Camara who is presently serving a sentence on a  related offence.
The witness adduced that Captain Camara went to the Abuko  Earth Station but 
could not switch it off as he did not meet one Mr. Njie.  According to 
Sergeant Cham, Jasseh told him he met with Colonel Cham on the day  of the coup, who 
informed him that the coup has leaked and he is running away;  that on March 
23, 2006, Jasseh went to Farato where he picked up Colonel Cham  from the 
resident of one Isatou Lowe where he was hiding.
Sergeant Cham added  that Jasseh picked up Colonel Cham in his white Land 
Rover, adding he was able  to locate the compound because of one Mustapha Lowe 
was on the highway to direct  him to the ex-CDS’s hideout.
The Detective said Jasseh drove Colonel Cham to  Brikama and then to 
Darsilami with the assistance of Mustapha Lowe who was given  a mobile phone by 
Colonel Cham and joined a different vehicle in order to check  for safety passage on 
the traffic up to Kujubeh in Cassamance, where Jasseh  finally drove Colonel 
Cham to.
The witness also said Jasseh told him that  upon his return he informed his 
wife and later proceeded to Lawyer Mariama  Denton for legal advice.
The white Land Rover, according to the witness is  impounded at the National 
Intelligence Agency (NIA) premises.
Sergeant Cham  narrated that he was told by the seventh accused person, Omar 
Faal Keita, that  he was in Nairobi when one Mr. Deen of the Physical Planning 
told him about the  coup and he wanted a marabout to work for them for the 
success of the coup  plot.
Sergeant Cham adduced that the marabout told them to stage the coup on  
Tobaski day but later adviced that it be deferred to the Independence day and  
again re-scheduled the date, for the third time, due to some signs of betrayal.  
Sergeant Cham went on to say that the marabout told them that March 21 2006 was 
 a good schedule, noting that he has seen the president in a dream riding a  
bicycle on the highway which is a sign that he (the president) is finished  
whether by a coup or not.
The witness also said that the seventh accused  person (marabout) was given a 
list of names of those arrested and those not yet  arrested so that they will 
be release or will not be arrested. The Detective  revealed that the suspects 
were asked by the marabout to give charity which  included, four rams, which 
were bought by the sixth accused person and three of  these were slaughtered 
and the other one was left to go away.
Sergeant Cham  also said they discovered from the marabout’s house a list of 
names in Arabic  and also a list of the charities.
The witness added that during the course of  their investigation, the eighth 
accused person Demba Dem told him that he knew  Alieu Jobe years ago and they 
have a lot in common. 
The Detective Sergeant  said Dem was given an amount of D1,200 by Jobe for 
him to go to Sokone in  Senegal to consult a marabout.
The witness also alleged that he was told by  Dem that he informed Captain 
Nfamara Jammeh of State Guard and let him be  mindful about March 21 and Captain 
Jammeh said he will inform the commanding  officer of State Guard.
According to the witness, Captain Jammeh during the  investigation denied 
knowing or speaking anything about the coup.
Sergeant  Cham added that the fifth and eighth accused persons, namely; 
Tamsir Jasseh and  Demba Dem wrote their own statements and further witnesses were 
called and  statements were obtained from Mariama Denton, Mustapha Lowe, 
Ousman Njie and  others. 

JOURNALIST EBRIMA MANNEH MISSING FOR ONE YEAR
By  Bubacarr K. Sowe
The disappearance of journalist ‘Chief’ Ebrima Manneh of the  Daily Observer 
will clock one year tomorrow, July 7.
Mr. Manneh, who went  missing on Friday, July 7, 2006 after leaving his home 
for work has not been  seen or heard from since then, family sources told 
Foroyaa. According to the  sources, the reporter was picked up at his office by 
personnel whose identity  has not been revealed, so far, and according to his 
father, Sarjo Manneh, he has  made endless effort but nobody at the Daily 
Observer has explained to him what  went wrong.
The Gambia Press Union (GPU) has expressed shock over the long  detention of 
their colleague.
Madi Ceesay, President of the GPU told Foroyaa  that Manneh is the longest 
detained journalist in The Gambia, so far.
“Manneh  is the breadwinner of his family and his sister’s school fees are 
paid by  him.
He said that for the past twelve months they have been making several  
attempts to find Manneh’s whereabouts.
He also said that the GPU together  with the International Federation of 
Journalist (IFJ) the Committee to Protect  Journalist (CPJ), West African 
Journalists Association (WAJA) and other  international bodies are collectively 
working on the  matter. 

FERTILIZER TO FARMERS BY JULY 7
Says SoS Kanja  Sanneh
The member for Upper Niumi, Hon. Cherno Omar Jallow, asked the  Secretary of 
State for Agriculture to tell the National Assembly how farmers can  access 
fertilizers for the coming cropping season. In response, SoS Kanja Sanneh  told 
the deputies that fertilizers will be made accessible by farmers from  
strategic locations countrywide. 
In a supplementary question, the Member for  Wuli West Hon. Sidia Jatta said “
Yes, farmers will access fertilizers, but  when?”. SoS Kanja Sanneh, 
responding, said that according to a letter he  received from their supplier, 
fertilizers will be provided to farmers by July 7  this year. 
In another supplementary question, the majority leader and Member  for 
Serrekunda East, Fabakary Tombong Jatta, asked the Agriculture SoS to tell  the 
house what the cost of fertilizer is. This question, however, was overruled  by 
the Speaker, Hon. Fatoumatta Jahumpa Ceesay, who said that it is a completely  
new element. 

DAVID COLLEY GRANTED BAIL AND REARRESTED
By  Abdou Jeli Keita
The former Director General of the Prisons Services Mr.  David Colley was on 
Thursday 5 July granted bail by Magistrate B.Y. Camara of  the Banjul 
Magistrates’ Court, but he was arrested immediately as he left the  court house.
The prosecution witness Arness Ross Klu who is also the Acting  Director 
General of the prison department, testified at the trial.
She said  that being the Deputy Director General of prison, she was called 
upon by the  accused (David Colley) in his office at Mile 2 Prison and told by 
Colley that he  needed her help; that she asked what he needed from her; that 
he (David Colley)  said he needed a generator because he wanted to get married 
in October 2004.  
She said, David Colley asked her to borrow him the generator donated to the  
tailoring workshop of the Juvenile Wing, Jeshwang; that on September 22, 2004  
the accused sent the Chief Officer and the driver to collect the generator 
from  her. She said the arrival of Haruna Jobe, chief Officer and driver Famara 
Sanneh  was booked at the Adult wing and that they proceeded to the Juvenile 
wing where  the brand new generator was handed over to them.
Police Prosecutor, Inspector  Touray, at the Juvenile Wing tendered the diary 
in which the arrival of those  sent to collect the generator were booked for 
identification.
The prison’s  Acting Director General who is also prosecution witness one 
(PW1), further told  the court that six months after the generator was given to 
David Colley, she  called to ask him to return what he borrowed; but that Colley
’s promises to  return it was all in vain.
Acting DG Rose Klu said she kept on calling Colley  but nothing was done; 
that she had audience with the then SoS for Interior  (Baboucarr Jatta) and told 
him about the generator, but nothing was done; that  when she took over as the 
Acting Director General of Prison, she paid a courtesy  call on the present 
Interior SoS (Ousman Sonko) and told him about the  generator, but nothing 
again was done. She added that she informed SoS Ousman  Sonko that she was about 
to leave the job and need to hand over the generator to  whoever would succeed 
her.
She said that one day, the CID brought a scrap and  ask if that is the same 
generator she borrowed to David Colley. She answered; “I  cannot recognise the 
generator, because I gave a brand new generator to the  accused (David Colley).
”
Prosecutor Touray, at this juncture applied for an  adjournment and said he 
is still opposed to bail being granted to the accused.  He said the accused 
should not be granted bail because he still has cases  pending at the police and 
that investigation is still on going. The prosecutor  expressed his fear that 
if the accused (David Colley) is granted bail, he may  interfere with the 
ongoing investigation by the police and the sister  forces.
The defence counsel, Antouman Gaye, at this stage said he need not  remind 
the honourable court that it has agreed that the accused has rights to be  
granted bail. He added that, in law when you talk about pending cases, you are  
concerned about those pending in the court; that court can only deal with the  
charges before it, but not with those at the police station. He argued that, the 
 prosecution did not advance good reasons as to why the court should not 
grant  the accused bail.
The presiding Magistrate B.Y. Camara in delivering his  ruling on whether the 
accused (David Colley) should be granted bail or not  indicated that the 
prosecution has been given ample time to carry out its  investigation.
He then proceeded to grant bail to the accused (David Colley)  in the sum of  
D100,000 with two Gambian sureties with landed properties.  The trial is set 
to continue on the 19 July 2007. Though the accused (David  Colley) was 
granted bail, but as he was coming out of the court house the police  re-arrested 
him. He was seen being taken to the police station and the police  later whisked 
him away in a blue and white four wheel drive (police  vehicle).

FOCUS ON POLITICS
THE 1981 POLITICAL CRISIS
IS IT A  CONFEDERATION BASED ON PRINCIPLES OR A MARRIAGE OF CONVENIENCE?
With Suwaibou  Touray
We have been focusing on political developments in The Gambia in this  column 
which inspired us to follow the political trail from pre-colonial to  
post-Independence era. We have been covering the history of the first Republic  up to 
the 1980s. We are now reporting about the happenings surrounding the 1981  
political crisis.
In the last issue were it was reported that Sam Sarr’s wife  Amie Sillah and 
her one month old baby were arrested together with other  colleagues should 
read ‘an eleven months old baby boy’. They were also detained  for seven months 
before being released. The report that a press conference that  was scheduled 
for Monday 30 October 1983 was later postponed and rescheduled for  Monday 31 
October 1983 should have read rescheduled for Tuesday 31 October  1983.
Many of our readers sent opinions in letters and text messages and even  in 
the net encouraging the columnist. The objective really is meant to help the  
people to learn from the mistakes of the past in order to shape the future. So  
we are welcoming all ideas and information that would be useful in our 
analyses  and the columnist is quite thrilled with the public response so far. In 
the last  issue we have stopped where we said the forced retirement of IJK 
Tambajang,  particularly, surprised many because quite a number of people were with 
the  illusion that he and former IGP A.S Mboob had played a lead role in 
defending  the capital city.
Apart from the security concerns of the period  the  Government which signed 
the Agreement establishing the Senegambia Confederation  in Dakar since 1981, 
now had to work hard to convince the many sceptics and  critics that the 
Agreement was for real  or a no turning back 
Here is  the full text of the Agreement signed between the two respective 
governments to  establish the Confederation.
Here is a part text of the Agreement signed  between the two Governments.  

AGREEMENT BETWEEN THE REPUBLIC  OF THE GAMBIA AND THE REPUBLIC OF SENEGAL 
CONCERNING THE ESTABLISHMENT OF THE  SENEGAMBIA CONFEDERATION
Aware that they constitute a single people divided  into two States by the 
vicissitudes of History;
Taking due account of the  geographical fact of their ties;
Conscious of the historical, moral and  material imperatives, which unite the 
two countries;
Considering the many  past and present experiments made with a view to 
rapprochement, solidarity and  sub-regional and regional cooperation; Respectful of 
the Charter of the United  Nations, the Charter of the Organisation of African 
Unity and the Treaty of the  Economic Community of West African States;
Affirming their devotion to the  rights of their peoples declared in the 
Universal Declaration of Human Rights of  1948; in the United Nations Covenants on 
Human Rights; and in the African  Charter of Human and Peoples Rights of 
1981; Intending to strengthen the unity  of their defence and their economies and 
the coordination of their policies in  other fields; Resolved to establish an 
institutional framework, consistent with  national sovereignty and democratic 
principles, within which these intentions  may be gradually realized;
HAVE DECIDED to create a Confederation and have  agreed as follows:
SECTION I: PRINCIPLES
Clause 1:
By this Agreement a  Confederation of the Republic of The Gambia and the
Republic of Senegal is  constituted with the name of the Senegambia
Confederation. 
Clause  2:
The Republic of The Gambia and the Republic of Senegal shall constitute  the 
Confederation known as Senegambia; each State maintaining its independence  
and sovereignty.
The Confederation shall be based on:
- the integration of  the armed forces and of the security forces of the 
Republic of The Gambia and  the Republic of Senegal, to defend their sovereignty, 
territorial integrity and  independence;
- the development of an economic and monetary union;
- the  coordination of policy in the field of external relations;
- the coordination  of policy in the field of communications and Clause in 
all other fields where  the Confederated States may agree to exercise their 
jurisdiction jointly;
-  joint institutions.
Clause 3:
The institutions of the Confederation shall  be as follows:
The President and Vice-President of the Confederation;
The  Council of Ministers of the Confederation;
The Confederal  Parliament.
Clause 4:
The Official languages of the Confederation shall be  such African languages 
as are specified by the President and Vice-President of  the Confederation; 
English and French.
Clause 5:
Within the framework of  this Agreement the Confederated States shall enter 
into protocols of  implementation for the realization of the purposes set out 
in Clause  2.
SECTION II: THE PRESIDENT AND Vice-President OF THE  CONFEDERATION
Clause 6:
The President of the Republic of Senegal shall be  the President of the
Confederation.
The President of the Republic of The  Gambia shall be the Vice-President of 
the Confederation.
Clause 7:
In  agreement with the Vice-President, the President shall decide on the 
policy of  the Confederation on matters of Defence and Security.
He shall co-ordinate  the policies of the Confederated States on matters 
within the responsibilities  of the Confederation.
In agreement with the Vice-President, the President of  the Confederation 
shall make appointments to all confederal posts. 
Clause  8:
The President of the Confederation shall command the Armed Forces and the  
Security Forces of the Confederation. He shall be responsible for the Defence  
and Security of the Confederation.
A Protocol shall establish the modalities  of implementation of the provision 
in accordance with the constitutional  requirements of each State.
The President of the Republic of The Gambia shall  continue to be 
Commander-in-chief of the Armed Forces of the Republic of The  Gambia in accordance with 
its constitutional requirements.
Clause 9:
The  President of the Confederation shall preside over the Defence and 
Security  Council of the Confederation.
The Defence Council shall comprise the  President and Vice-President of the
Confederation and such other persons as  the President, in agreement with the
Vice-President of the Confederation, may  determine.
SECTION III: THE COUNCIL OF MINISTERS
Clause 10:
There shall  be a Council of Ministers of the Confederation whose members 
shall be appointed  by the President of the Confederation in agreement with the  
Vice-President.
The President and the Vice-President of the Confederation  shall be the
President and the Vice-President of the Council of Ministers  respectively. 
The Council of Ministers shall deal with matters submitted to  their 
consideration by the President of the Confederation.
SECTION IV: THE  CONFEDERAL PARLIAMENT
Clause 11:
The Representative Parliament of the  Confederation shall be known as The 
Confederal Parliament.
Its members shall  have the title Members of the Confederal Parliament. 
One-third of the members of  the Confederal Parliament shall be selected by the 
House of Representatives of  The Gambia from among its members, and the other 
two-thirds shall be selected by  the National Parliament of Senegal, from among 
its members.
The Confederal  Parliament shall elect its President.
The Confederal Parliament shall  establish its rules of procedure.
Clause 12:
The Confederal Parliament  shall deliberate on matters of common interest.
Furthermore, the President of  the Confederation or the Vice-President of the 
Confederation, may consult the  Confederal Parliament by submitting to its
vote any other matter of social,  economic or financial interest to the
Confederation. 
Clause 13:
Only  the President of the Confederation, the Vice-President of the 
Confederation and  the members of the Confederal Parliament can initiate matters or  
proposals.
The Confederal Parliament shall convene when matters are submitted  to it by 
the President or Vice-President or at the request of one third of the  members 
of the Confederal Parliament.
Clause 14:
The rules governing the  submission of matters to the Confederal Parliament 
by the President or the  Vice-President of the Confederation, voting of matters 
or proposals and the  promulgation of such rules by the President shall be 
drawn up in a protocol of  implementation.
SECTION V:  deals with SETTLEMENT OF DIFFERENCES whilst  section V1 deals 
with International Treaties and Agreements.
Section V11  deals with Final Provisions such as when the Agreement entered 
into Force,  Amendments, Reviews, the status of the protocols of 
Implementation,  Depositories, the Authentic texts and signatures.
By late 1983 to early 1984  
The Government also appeared to be doing something inorder to fend off the  
critics and sceptics of the Senegambia Confederation. The PPP the party in  
government, organised a series of events with the objective of sensitizing the  
people on what they deemed to be the merits of the Confederation. For example,  
on Tuesday 22 November 1983, the PPP held a meeting with the PS (Partie  
Socialist) of Senegal at the PPP Bureau in Banjul to formulate plans for a joint  
seminar to take place in Banjul on 10-11 December 1983 on the theme “
Senegambia  Confederation.”
A group of people were also seen demonstrating in support of  the 
Confederation and who many believed were either encouraged and or sponsored  by them.

TABARA SAMBA’S LAWYERS CALL FOR 
FRESH EVIDENCE
By  Fabakary B. Ceesay & Amie Camara
Two defence counsels, who are now  defending Mrs. Tabara Samba, who is 
accused of allegedly murdering her husband,  have on Wednesday 4 July made an 
application before Magistrate Pa Harry Jammeh  of the Kanifing Magistrates Court to 
cancel the previous evidence given by the  prosecution witness in the trial.
The two defence Lawyers, Mrs. Amie Joof  Conteh and Miss Lubna Farrage, made 
the submission before the court that the  accused is  standing trial on a 
capital offence which if convicted on, the  penalty could be death. They said it 
is their submission that the accused gets a  fair trial in the cause of 
justice. Mrs. Joof Conteh who was making the  submission said that since the case has 
already started before the court and  that the previous counsel had also 
withdrawn from the case, they believe the  court should allow a re-start of the 
case. Mrs. Conteh said the accused is not  yet guilty and that the court should 
stand by her until she is proven  guilty.
“This is the only jurisdiction that allows the counsel to withdraw  from a 
trial of capital offence, when the trial is advancing progressively. This  can 
prejudice the case”, said the defence counsel. “We urge the court to look  
into the circumstances of the case and allow for a re-start in the matter, I and  
my colleague will make sure the trial is done in a quick, and a speedy way, 
if  possible on a daily basis,” she concluded.
The prosecution officer, Chief  Superintendent Burama Dibba, objected to the 
reasons advanced by the defence  counsels adding they are not enough for a 
re-start of the case. CSP Dibba said  there are many reasons for a re-start of a 
case. Dibba argued that the reasons  for a case to re-start are that, when the 
trial magistrate is out of the  jurisdiction or in time of death or that if 
the case is assigned to a new  magistrate who cannot understand the writings of 
the previous magistrate. “In  this particular case the same magistrate still 
presides, the only difference is  the change of counsel,” said officer Dibba. 
CSP Dibba said that the withdrawal  of the first counsel should not create an 
obstacle to the case, saying, “Since  the former counsel withdrew the case has 
never proceeded.” Officer Dibba  maintained that it is common in the 
jurisdiction for a lawyer to withdraw from a  case. He added that the prosecution 
believes that the accused is innocent until  she is proven guilty. Dibba said they 
can provide the defence with the police  files pertaining to the case. He 
finally urged the court to overrule the  defence’s submission. 
Magistrate Jammeh reminded both counsels that the  accused has a fundamental 
human right as a human being, maintaining that his  court believes she is 
innocent until proven beyond reasonable double that she is  guilty. Jammeh 
emphasised that the trial is not taking place for the sake of  just a trial, but that 
justice must be seen to be done. He told the counsels  that the court can 
call back the witnesses, in order to re-examine them. The  state prosecutor, 
Dibba said some of their witnesses are out of the jurisdiction  for a mission in 
the Wartron Darfur. Magistrate Jammeh said he will make a  ruling on the 
application by the next sitting date and adjourned the case to  another date. The 
two defence counsel also told the court that they are  defending the accused 
person on a free of charge basis. 
Tabara Samba is  standing trial for allegedly pouring hot water on her 
husband Ebrima Nyan which  led to his death. Her first lawyer withdrew from the case 
earlier on and the  proceedings had been halted until the last sitting.

TRIAL OF FORMER  M.D OF GAMTEL IN LIMBO
By Abdou Jeli Keita
The ongoing trial of the former  Managing Director of The Gambia 
Telecommunications Company (GAMTEL) Mr. Omar  Ndow, before Magistrate B.Y Camara, of 
Banjul Magistrates’ Court has suffered a  set back.
The trial could not proceed on Wednesday July 4, due to the fact  that the 
defence lawyer, Sheriff Tambedu, applied for an adjournment. The court  was 
expected to proceed with the trial in order to establish whether the  defendant 
(Mr. Omar Ndow), former Gamtel Managing Director, is guilty of the  alleged 
charges preferred against his person.
Defence lawyer Tambedu told the  court that he has another case before his 
lordship Justice Ota at the High  Court. The trial is adjourned to a later date 
in July for further  hearing.
Mr. Omar Ndow is standing trial on two counts: alleged disobedience  of 
statutory duty, contrary to section 115 of the Criminal Code; and alleged  abuse of 
office, contrary to section 90 of the Criminal Code.
Former M.D Ndow  is alleged to have willfully omitted to refer a contract 
proposal to the Gambia  Public Procurement Authority (GPPA), as statutorily 
required of him, and also  willfully failed to follow the required procedure of the 
GPPA regulation. He had  pleaded not guilty to the charges.

US AMBASSADOR HOST RECEPTION FOR  THEIR 4th JULY INDEPENDENCE CELEBRATION
By Annia Gaye
The outgoing US  Ambassador in The Gambia, Mr. Joseph D. Stafford, on 
Wednesday 4 July, hosted a  reception to commemorate July 4 Independence Day 
celebration, which marked 231st  independence of the United States.
Delivering his remarks, The US Ambassador  Mr. Joseph D. Stafford said 
Americans celebrate July 4 as their National Day  because it was on this day in 1776 
that their founding fathers, who are historic  figures, i.e.; Thomas 
Jefferson, Benjamin Franklin, and John Adams signed the  Declaration of Independence. 
He said it was in 1783 that the United States  gained its independence, but 
nonetheless, the date of adoption of the  Declaration of independence seven 
years earlier was established as their  National Day.
He noted that every year on this day, Americans celebrate not  only 
independence, but also the fundamental ideals enshrined in the Declaration  of 
Independence; that “All men are created equal; that they have the  “Unalienable” 
right to life, liberty, and the pursuit of happiness and these  rights are to be 
upheld by a democratic form of government.”
He further said  American history throughout has viewed these ideas as the 
foundation of their  society and its institutions.
Ambassador Stafford said the United States is  not alone in its attainment of 
these ideals but the international community, in  general, is attached to 
them including The Gambia whose government and people  have made clear their 
commitment to the equality of all citizens and their  “Inalienable” rights, as 
well as their commitment to promoting democratic  institutions.
He observed that July 4 is an occasion to celebrate not only  the American 
experience, but also the shared experience and solid bonds enjoyed  by the two 
countries. He further observed that Americans and Gambians have  important 
interests to pursue in many areas, whether it’s combating terrorism,  expanding 
economic cooperation, or fostering peace and stability in Sudan where,  he said, 
Gambia has troops and police officers. He assured The Gambia government  and 
its people that they can count on the support of the US as they move forward  
in these areas, like upholding human dignity and freedom, promoting a free,  
vibrant and responsible press, and strengthening democratic institutions and  
human rights.
Ambassador Stafford pledged to Gambians that, the US will  continue to work 
closely with Gambia to promote continued progress on reforms  and development 
in a spirit of partnership that serving the interests of both  countries.
Speaking on behalf of The Gambia government, the Honourable  secretary of 
state for Foreign Affairs Bala Garba Jahumpa said Gambia and US  equally believes 
in the protection of Human Rights, Freedom and Justice. He said  it is their 
collective responsibility to ensure humanity’s right to education,  health, 
housing, peace and stability are safeguarded. He lamented the suffering  of the 
people in Palestine and Darfur and emphasised that they have the  collective 
responsibility to deal with such problems. He commended the  Ambassador for 
completing his tour of duty and wished him well. 
The  reception was attended by Ambassadors, the Chief Justice, Secretaries of 
State,  and members of the National Assembly, the judiciary, heads of 
municipalities,  leaders of opposition parties, representatives of the media, civil 
society and  other invited guests. 

PASTOR SENT TO JAIL FOR 3 YEARS
By  Fabakary B. Ceesay
One John Charles Njie, a pastor of the Abiding Word  Ministry, was yesterday 
convicted and sentenced to a mandatory jail term of 3  years with hard labour 
and without the option of a fine.. He was convicted by  the Kanifing 
Magistrate Court presided over by Magistrate Pa Harry  Jammeh.
Pastor Njie, who is also a film actor, was convicted on the charges  of 
forgery, contrary to section 332 of the criminal code. The particulars of  offence 
states that Pastor Njie, on the 8 March 2006, at Kanifing forged the  
signature of one Miss Ellen Sowe and prepared a document to sublet the house  which 
was rented to him by the complainant. The defence counsel, Mr. Joseph  Henry 
Joof, was not in court when Mr. Charles was convicted and sentenced. The  
complainant’s counsel, Mrs. Amie Joof Conteh, told the court that her client  (Miss 
Sowe) has passed away on last Tuesday, the 3 July 2007. 
In his plea of  mitigation, Pastor Njie said he is a family man with two 
children and that the  children’s mother is not in the country. 
Magistrate Jammeh said he is of the  view that the accused person is guilty 
of the offence preferred against him. He,  therefore, sentenced him to three 
(3) years in jail at mile two prison, without  the option of a fine  




************************************** See what's free at http://www.aol.com.


To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]


ATOM RSS1 RSS2