British Couple Charged with Seditious Publication

Friday, December 05, 2008
British couple, David Borland Fulton and Fiona Rachel Fulton were yesterday arraigned at the Banjul Magistrates' Court before Magistrate Principal Mbai charged with seditious publication.

The British couple were charged under section 52(1) of the Criminal Code(Amendment Act ) No.3 of 2005 cap 10 Volume III Laws of The Gambia 1990.

Both denied the charge.

According to the particulars of the offence, David Borland Fulton and Fiona Rachel Fulton, some time in the year 2007 and 2008 at Banjul and diverse places in The Gambia, jointly printed, published, distributed and reproduced seditious publications with intent to bring into hatred or contempt, to excite disaffection against the President or the Government of The Gambia.

Police Prosecutor, ASP Touray, in objecting to bail for the accused persons stated that the accused persons were charged with a very serious offence and were also found with seditious publication materials.

He added that the accused were British nationals and that there was a likelihood of them jumping bail if granted.

In response defence Counsel Antouman Gaye stated that the offence under which the accused are charged is a bail-able one. He said the prosecution objection on the ground that the accused persons are British nationals does not represent the true picture of the law. He added that the accused presons had been living in The Gambia since 1999 and that they had properties here worth millions of Dalasis. He disclosed that the constitution of The Gambia outlaws discrimination whatsoever as long as one is living in the country.

Meanwhile the court at length granted the accused persons bail with several conditions to be met. The bail conditions stipulated that the accused persons must produce two Gambian sureties each, who must each execute the bail bond or enter into recognisance in the sum of D5M. The sureties shall also deposit title deeds of landed property. The sureties shall also prove means to the court.

The accused persons shall also deposit their travelling documents with the court. They should also be reporting to the police every day between 11am to 12 noon.

The case was adjourned to 16th December 2008.

Author: Modou Sanyang