In Pap Saine Case

Defence Applies for Referral to Supreme Court

Lawyer Modou Musa Drammeh, defence counsel for Pap Saine, at the last sitting, Monday 30th March, 2009, argued before Acting Principal Magistrate Sainabou Wadda-Ceesay of the Kanifing Magistrates' court that the substituted charge now preferred against his client was in excess and in contravention of the constitution of The Gambia, and duly applied to the court for referral of the case to the Supreme Court.

He further argued that according to S 25 of the 1997 constitution, every person shall have the right of freedom of speech and expression including media practitioners. He submitted that the legislation under which the charges were brought contravened the constitution of The Gambia. As a result, he went on, he wished to refer to section 127 of the constitution of The Gambia to support his argument. He stated that the issue of whether the substituted charge sheet was in excess and in contravention of the constitution, should be referred to the Supreme Court of The Gambia by the court before the criminal matter proceeds.

At this juncture, he cited some authorities to further support his argument.

DPP Richard Chenge, on his part, applied to the court for a short adjournment to reply to the submission made by the defence counsel.

The case was subsequently adjourned to the 3rd April, 2009 for continuation.