GAMBIA PRESS UNION
NO. 5 GARBA JAHUMPA ROAD BAKAU NEWTOWN
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Press Release
Wednesday, July 8, 2009
14:00HRS
Lawyers for GPU Seven object to ‘defective’ charges
Lawyers for the GPU Seven currently facing three charges of seditious conspiracy, sedition and two other charges of conspiracy to and defamation of President Jammeh and the Government of The Gambia today, June 8th objected to all five “invalid” and “defective” charges.
Led by veteran Gambian Lawyer Antouman Gaye, the team argued that no authority was given by the Attorney General in relation to the charges of seditious publication and defamation and further stated that charges 2 and 3 are not offences known to the laws of The Gambia.
Lawyer Gaye further argued on the point of duplicity of charges referring to the charges of conspiracy to seditious publication and seditious publication and conspiracy to defame and defaming.
On charges 4 and 5, Lawyer Gaye told the Court that the so called defamatory remarks are not included in the charge sheet.
Representing himself, Sam Sarr of Foroyaa associated himself with the arguments of the defence team and also made reference to and further drew the courts attention to Section 53 (2) of the Criminal Code Amendment Act of 2005 which is not in conformity with the charges preferred against them.
The prosecution team, led by Director of Public Prosecutions, Richard N. Chenge asked for an adjournment to prepare their response.
Justice Joseph Wowo of the High Court, presiding over the matter adjourned to Friday, July 10th for prosecution response.
Amongst observers in the crowded court room, Ambassador Barry Wells, US Ambassador to The Gambia, a representative of the UK High Commissioner and a trial observer, a lawyer from the International Bar Association.
Lawyer Antouman Gaye is supported by Lawyer Lamin Camara, counsel and legal advisor for the Gambia Press Union, Idrissa Sissoho, Nenneh Cham, H. Gaye and Ms Gaye Coker.
Note
The seven journalists, Sarata Jabbi-Dibba, vice president, Gambia Press Union; Emil Touray, secretary general, Gambia Press Union; Pa Modou Faal, treasurer, Gambia Press Union; Pap Saine and Ebou Sawaneh, publisher and Editor of The Point Newspaper Respectively; Sam Sarr and Abubacarr Saidy Khan, editor and reporter, Foroyaa newspaper were first arrested on 15 June 2009 by personnel of the National Intelligence Agency (NIA) and detained until Thursday 18 June 2009 when they were taken to Kanifing Magistarte’s Court. The group refused to take their plea as they had not yet spoken to their lawyers.
Later that day, six of them were remanded at the Mile Two Central Prison. Sarata Jabbi Dibba, also a nursing mother was granted bail with the sum of D200, 000 with two Gambian sureties.
Throughout their detention, they were denied access to counsel. On Monday 22 June, the seven reappeared before the Kanifing Court and were each granted bail with the sum of D200, 000, two Gambian sureties and two landed properties. The case was adjourned to 7 July for the accused persons to take their plea. However on 1 July the accused were served to appear before the High Court, with two new counts of criminal defamation added. They were to appear at the High Court on July 3.
On Friday 3 July, Justice Joseph Wowo remanded the accused, and on the afternoon of Monday, June 6th granted bail of D400, 000, two Gambian sureties and two landed properties each. Mrs Sarata Jabbi-Dibba a nursing of a 6 months old baby was also remanded for a few hours before being granted bail.
Charges
Count 1: Conspiracy to publish seditious publication contrary to Section 368 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990.
Count 2: Publishing Seditious Publication Contrary to Section 51 (1) (a) read together with section 52 (1) (c) of the Criminal Code Cap 10 Vol III Laws of The Gambia
Count 3: Publishing Seditious Publication Contrary to Section 51 (1) (a) read together with section 52 (1) (c) of the Criminal Code Cap 10 Vol III Laws of The Gambia
Count 4: Conspiracy to commit Criminal Defamation contrary to Section 368 of the Criminal Code
Count 5: Criminal Defamation contrary to Section 178 and punishable by Section 34 of the Criminal Code Cap 10 Vol III Laws of The Gambia
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