By Kejau Touray
The Deputy Editor of the pro.government Observer newspaper, Alhagie Jobe and Mbye Bittaye were acquitted and
discharged on the 03 September 2014. The duo were arrested on 7 February 2013 and Jobe was charged with five counts, the infamous sedition, reckless driving, giving false information to a public officer and publication of seditious materials. Mbye was charged with attempted sedition.
Their counsels submitted that the duo were tortured for a confession and their statements are forced from them by the infamous NIA, just like UDP's Sanneh. This submission which was considered in a separate trial was dismissed by the presiding judge Justice Ahmadi.
In delivering his judgement, however, the judge said the prosecution did not fulfil the burden of proof as they failed to proof that the document was in fact authored by the defendants even though they were found in their possession.
On the much criticized charge of false information, the judge delivered that the charge was too vague.
It will be recalled that the same charges and particulars of offences were proffered against Amadou Sanneh of UDP who was convicted and sentenced to five years in the same court, albeit by a different judge, Justice Nkea. Nkea J, a Cameroon national subsequently resigned and is wanted by the Gambian Police currently after absconding from the jurisdiction.
The distinguishing fact of these two cases was that Amadou Sanneh remained silent after his counsel's no case to answer submission was dismissed by the erstwhile judge, whilst Jobe delivered a defence rebutting the charges. Nkea was at pain but said he had no choice as silence of the accused meant he was force to relied on the prosecution's submission.