The Six Count Charges on Seven Gambian Journalists

IN THE HIGH COURT OF THE GAMBIA
HOLDEN AT BANJUL

CRIMINAL CASE NO. HC/293/09/CR/062/A0

BETWEEN:

THE STATE COMPLAINANT AND

            1. EBRIMA SAWANEH ACCUSED PERSONS

            2. PAP SAINE

            3. SARATA JABBI DIBBA

            4. PA MODOU FAAL

            5. ABUBACARR SAIDY KHAN

            6. SAM SARR

            7. BAI EMIL TOURAY

This Honorable Court is informed by the Hon. Attorney General that Ebrima Sawaneh, Pap Saine, Sarata Jabbi-Dibba, Pa Modou Faal, Abubacarr Saidykhan, Sam Sarr and Bai Emil Touray are charged with the following offences.

COUNT ONE
STATEMENT OF OFFENCE

Conspiracy to publish seditious publication contrary to section 368 of the Criminal Code Cap 10 Vol. Ill Laws of The Gambia 1990.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SANE, SARATA JABBI DIBBA, PA MODDU FAAL, ABUBACARR SAIDYKHAN, SAM SARR and BAI EMIL TOURAY all members of The Gambia Press Union (GPU) sometime in the month of June 2009 conspired amongst themselves and others now at large to publish in various Newspapers in The Gambia and on various websites on the Internet Seditious Publications making innuendoes that the President of the Republic of The Gambia and the Government of The Gambia are responsible for the murder of one Deyda Hydara with intent to bring the said President and Government into contempt and ridicule and thereby committed an offence.

COUNT TWO
STATEMENT OF OFFENCE

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 1990 as amended by Section 3 of the Criminal Code (Amendment) Act 2005.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SAINE, SARATA JABBI DIBBA, PA MODOU FAAL, ABUBACARR SAIDYKHAN, SAM SARR and BAI EMIL TOURAY all members of The Gambia Press Union (GPU) with intent to bring into hatred or contempt or to excite disaffection against the person of the President or the Government of the Republic of The Gambia as established by law caused to be published in the Foroyaa Newspaper edition of 12-14 June 2009 at page 3 the following seditious publication:-

"Mere statements and or speculations and ridicule, such as the events leading to the death of one Deyda Hydara, cannot and will not be accepted as exoneration of the Gambia Government, neither by the Union, international journalist associations, the Hydara family or other interested parties. The death of any Gambian, more so one who was most vocal on issues of human rights, freedom of expression and the development of the country in general, even if it meant clashing with the powers that be, can only be deemed suspicious until such a time that the state can logically, reasonably, factually and forensically, and within the shortest possible period prove otherwise" and thereby committed an offence.

COUNT THREE
STATEMENT OF OFFENCE

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 1990 as amended by Section 3 of the Criminal Code (Amendment) Act 2005.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SAINE, SARATA JABBI DIBBA, PA MODOU FAAL, ABUBACARR SAIDYKHAN, SAM SARR and BAI EMIL TOURAY all members of the Gambia Press Union (GPU) with intent to bring into hatred or contempt or to excite disaffection against the person of the President or the Government of the Republic of The Gambia as established by law caused to be published in The Point Newspaper edition of 15th June 2009 at page 7 the following seditious publication:-

"Mere statements and or speculations and ridicule re: the events leading to the death of one Deyda Hydara cannot and will not be accepted as exoneration of The Gambia Government, neither by the Union, international journalist associations, the Hydara family or other interested parties. The death of any Gambian, more so one who was most vocal on issues of human rights, freedom of expression and the development of the country in general, even if it meant clashing with the powers that be, can only be deemed suspicious until such a time that the statement can logically, reasonably, factually and forensically, and within the shortest possible period prove otherwise" and thereby committed an offence.

COUNT FOUR
STATEMENT OF OFFENCE

Conspiracy to commit Criminal Defamation contrary to Section 368 of the Criminal Code Cap 10 Vol. Ill Laws of The Gambia 1990.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SAINE, SARATA JABBI DIBBA, PA MODOU FAAL, ABUBACARR SAIDYKHAN, SAM SARR and BAI EMIL TOURAY all members of The Gambia Press Union (GPU) sometime in the month of June 2009 conspired amongst themselves and others now at large to publish in various Newspapers in The Gambia and on various websites on the Internet defamatory statements making innuendoes that the President of the Republic of The Gambia and the Government of The Gambia are responsible for the murder of one Deyda Hydara with intent to bring the said President and Government into contempt and ridicule and thereby committed an offence.

COUNT FIVE
STATEMENT OF OFFENCE

Criminal Defamation contrary to Section 178 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990 as amended by Section 6 of the Criminal Code (Amendment) Act 2005.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SAINE, SARATA JABBI DIBBA, PA MODOU FAAL, ABUBACARR SAIDYKHAN, SAM SARR and AI EMIL TOURAY all members of the Gambia Press Union (GPU) with intent to bring into hatred or contempt or to excite disaffection against the person of the President or the Government of the Republic of The Gambia as established by law caused to be published in The Point Newspaper edition of 15 June 2009 at page 7 the following seditious publication:

"Mere statements and or speculations and ridicule re: the events leading to the death of Deyda Hydara cannot and will not be accepted as exoneration of The Gambia Government, neither by the Union, international journalist associations, the Hydara family or other interested parties. The death of any Gambian, more so one who was most vocal on issues of human rights, freedom of expression and the development of the country in general even if it meant clashing with the powers that be, can only be deemed suspicious until such a time that the statement can logically, reasonably, factually and forensically, and within the shortest possible period prove otherwise" and thereby committed on offence.

COUNT SIX
STATEMENT OF OFFENCE

Criminal Defamation contrary to section 178 of the Criminal Code Cap 10 Vol. III Laws of The Gambia 1990 as amended by Section 6 of the Criminal Code (Amendment) Act 2005.

PARTICULARS OF OFFENCE

EBRIMA SAWANEH, PAP SAINE, SARATA JABBI DIBBA, PA MOPQU FAAL, ABUBACARR SAIDY KHAN, SAM SARR and BAI EMIL TOURAY all members of the Gambia Press Union (GPU) with intent to bring into hatred or contempt or to excite disaffection against the person of the President or [he Government of the Republic of The Gambia as established by law caused to be published in the Foroyaa Newspaper edition of 12 -14 June 2009 at page 3 the following seditious publication-:

"Mere statements and or speculations and ridicule, such as the events leading to the death of Deyda Hydara, cannot and will not be accepted as exoneration of the Gambia Government, neither by the Union, international journalist associations, the Hydara family or other interested parties. The death of any Gambian, more so one who was most vocal on issues of human rights, freedom of expression and the development of the country in general, even if it meant clashing with the powers that be, can only be deemed suspicious until such a time that the state can logically, reasonably, factually and forensically, and within the shortest possible period prove otherwise" and thereby committed an offence.

Dated this 9th day of July 2009

R. N. Chenge
Director of Public Prosecutor
Ministry of Justice
Marina Parade
Banjul