In Six Journalists' Trial, Accused Persons Open Their Defence

The trial of six Gambian journalists who are charged with six counts of seditious publication and criminal defamation yesterday continued before Justice Emmanuel Fagbenle of the High Court in Banjul, with the accused persons opening their defence.

This follows the prosecution's closure of its case and the subsequent overruling of a 'no case submission' by the Presiding Judge, Justice Emmanuel Fagbenle.

Led by defence counsel Lamin Camara, the defence's witness Ebrima Sawaneh, the first accused person told the court that he lives in Wellingara and has been a practicing journalist for ten years now. He said he is a member of the Gambia Press Union (GPU).

Sawaneh adduced that he is aware that he is standing trial on six counts of charges, and had not under any circumstances conspired with anyone to make seditious publication in the Point and Foroyaa Newspapers.

While testifying, DW1 said that he never conspired to commit criminal defamation and did not publish any criminal defamation against the person of the President and the government of the Gambia.

According to Ebrima Sawaneh, he could remember on the 15thJune 2009, when he was called to report to the National Intelligence Agency (NIA), together with Pap Saine.

DW1 testified that at the NIA they were taken to the conference room of the agency where a gentleman came and told them that they were investigating an article published in the Point Newspaper.

Sawaneh stated that they were later told to ponder for 10 to 15 minute, before they were later joined by three to four other people, whom he believed, are staff members of the agency.

He narrated that the edition of the said issue of the Point Newspaper was shown to them and then asked to read the article and point out anything regarding Gambia Press Union.

DW1 adduced that the security agents then asked them to read the said article. Sawaneh told the court that he was further quizzed about the role he played in the publication of the article. He said they also questioned him whether he is an executive member of the GPU.

In reply, he said "I did not play any role in publishing that article and am not an executive member".

DW1 further testified that he was given the Point Newspaper and shown the article to confirm whether it was the actual article given to him, to which he replied in the affirmative.

According to him, he read the caption of the article, which reads "GPU reacts to President Jammeh statement". When asked by the defence counsel, Lamin Camara whether the name of the President is in the publication, DW1 responded "absolutely not stated".

DW1 further stated that he did not confess to the charges as stated in exhibit C. He stated that no one's name was written on exhibit A (Foroyaa Newspaper).

DW1 then looked at exhibit B (Point Newspaper), in which he adduced that there is no portion in the Point Newspaper's article where it is stated that the President and his government have a hand in the killing of the late Deyda Hydara. This, he added, also applies to Foroyaa Newspaper, being the subject of the charges.

DW1 told the court that he recorded his cautionary statement on the second day of their arrest, 16thJune 2009.

According to him, he was detained for three days and then rushed to Kanifing Magistrates' Court on the fourth day. He testified that he was not told of his right to a legal practitioner neither was he allowed to have access to one. He testified that he has no hand in the publication of the article since he is not an executive member of the GPU, nor a publisher. Also, he said he did not conspire to defame the President of the Gambia and the government and does not in anyway intent to publish any seditious thing on Foroyaa and the Point Newspapers.

DW1 further looked at exhibit L on pages 3, 4 and 5, and noted that there is no name on it as well as exhibit K Pages 4, 5 and 6.

Under cross examination by Sam Sarr, the sixth accused person, DW1 responded "I swear to the Qur'an no".

When asked by Sam Sarr if he at anytime sent him a copy of the article requesting for publication in the Point Newspaper? He replied in the negative.

While under cross examination by Richard N Chenge, the Director of Public Prosecution, Sawaneh said "yes" to a question asked as to whether he's an ordinary member of the GPU.

Richard N Chenge further put it to DW1 that Pap Saine is a member of the GPU and in reply, DW1 said "I don't know".

On whether he made a statement at the NIA on 16thJune, 2009, DW1 responded in the affirmative.

When further asked as to whether he said in his statement that the article was downloaded by Pa Modou Faal and given to him, DW1 replied in the affirmative.

Again when asked by DPP whether the article came to him, through Pa Modou Faal, he replied in the affirmative.

"Did you read it?" DPP quizzed, and in response DW1 said "I don't Know".

Further asked whether members of the GPU normally hold meetings, he again replied in the affirmative. DPP then put it to him that, when very serious issues are being discussed does he normally sees other accused persons there?

"Not at all, but sometimes they are there," Sawaneh replied.

DW1 then adduced that he only read the said article after his arrest in the office.

When further put it to DW1 as to whether he agreed to the article or not, he asked "in which sense".

The Vice-President of the Gambia Press Union, Sarata Jabbi-Dibba was defence's witness number two, who testified that she lives in Bundung and works as a journalist for almost seven years.

She elucidated that she did not conspire to publish seditious publication, publishing seditious publication and conspiracy to publish criminal defamation and criminal defamation in any article.

DW2 said that she is aware of the charges preferred against her, and did not commit the aforementioned offence. She revealed that she is a member of the GPU, and that she is the 1st Vice-President. She was then asked to cast her mind back to 15th June 2009, if she can remember.

DW2 then narrated to the court that on 15th June 2009, she received a phone call from an NIA officer, who told her that she was needed at the NIA office for clarification of the publication made by the GPU.

DW2 testified that "I went there and upon arrival I was taken to an office and later to the conference room". She adduced that while there they were shown the publications and asked to cast their minds.

According to her, they were individually recorded one after the other. And then asked what they understand from the publication, after which they were asked to obtain their cautionary statements.

DW2 further testified that they were given exhibit A (Foroyaa) and B (the Point) by an NIA officer, whom she said, had shown them only the caption of the articles.

She adduced that no name was appended on the said articles.

DW2 said there was neither the author's name on the article, nor was there any email addresses in both the articles: exhibit A and B.

DW2 then turned to paragraph 5 of the said article and read it in court, saying it was not mention in any part of the paragraphs, nor does it indicated the President's name or the government of the Gambia as having hand in the killing of the late Deyda Hydara.

DW2 adduced that she never wrote her name on the exhibit, instead it was written by one security officer. According to her, she never published anything in the alleged publication. She further testified that the emails were sent to her, adding that she had written her cautionary statement at the NIA office. She emphasised that none of the officers were present when she took it on 16th June 2009.

She further testified that on 15th June 2009, she was detained up to 11pm, and then granted bail for, as she put it, she is a suckling mother.

DW2 stated that she was not informed about the reason(s) of her detention until the following day when she was given the cautionary statement. She narrated that before she started writing her cautionary statement, she was not told of her right to a legal counsel nor was she allowed to have access to a legal practitioner.

She testified further that she never intent to defame the President and did not conspire with anyone to publish the article.

DW2 said that she did not also intent to publish any seditious publication in any of the Newspapers.

Under cross examination by Sam Sarr, the sixth accused person asked DW2, whether she has given exhibit A and B to him. In reply, DW2 responded in the negative.

When further asked by Sam Sarr, whether at anytime she had discussed with her about the published GPU statement, she replied no.

Sam Sarr further asked her whether at anytime she had asked him to publish the article in the Point Newspaper, DW2 replied in the negative.

On whether she knows Nian Sarang Jobe, DW2 answered yes.

Sam further asked whether the other lady was married to any Senegalese, DW2 replied no. He further went on to asked her, whether Nian Sarang Jobe is presently in the Gambia, DW2 answered in the affirmative. And on whether she has been living here since 2005, DW2 replied in the positive.

For Richard N Chenge, the Director of Public Prosecution, asked DW2 whether all practising journalists are members of the GPU, she replied in the negative. When asked who registers with the union, DW2 said anyone who wishes to do so.

Put to her that she had at one time advised Ndey Tapha-Sosseh not to go with the publication, DW2 replied in the affirmative.

On whether she has called other members for a meeting about the issue, DW2 replied in the negative.

"Did you call a meeting of the executive, no" she replied.

DW2 further told the court that she had only discussed the matter with the Secretary-General of the union, Bai Emil Touray.

When asked by DPP what his view was, DW2 responded "I don't know, he only told me he would call the GPU President."

DPP then asked the defense witness to tell the court why she had earlier advised that the article should not be published, DW2 responded "I don't know".

DPP further put to DW2 that, she has read the article and did not want it published, because she knows it be seditious and defamatory, DW2 responded in the negative.

DPP further asked whether she has done any act to disassociate herself from the publication, DW2 responded no.

DPP further asked whether all accused persons are members of the GPU, she answered "not at all".

The defence witness then went on to identify Ebrima Saweneh, Pa Modou Faal, herself and Bai Emil Touray as all members of the GPU.

Also, giving his testimony, Pa Modou Faal said that he lives in Lamin Village and is a journalist by profession, who has been practising for ten years.

He testified that he is a member of the GPU and in his capacity as the Treasurer, his responsibilities include to ensure that the finance of the union is on sound footing and to ensure that no butut got missing.

DW3 said that he could recall that on 15th June 2009, he was called by one an NIA officer, who told him that he was wanted at the NIA office, to which he compliedby reporting to the NIA Headquarters in Banjul.

DW3 testified that while there he was taken to the conference room and was shown two publications of the Point and Foroyaa Newspapers that are marked as exhibit A and B at the court.

DW3 further testified that he was shown the article written by the GPU President.

DW3 adduced that his name and none of the accused's names were written on exhibits: A and B.

DW3 elucidated that he did not author the press release as marked as exhibit A and B. Faal said he had recorded his cautionary statement on 16th June 2009, which was later identified to be exhibit F.

According to him, he was arrested on 15th June 2009 and detained for three days only to be rushed to Kanifing Magistrates' Court on the fourth day of his arrest.

He said that he did not see the name of any security officer on exhibit F.

DW3 stated that he had recorded his statement without being cautioned. However, DW3 adduced that when he was arrested, he was not told about the reasons of his detention, adding that he was also not told about his right to legal practitioner nor did he has an access to his counsel then.

Pa Modou Faal also said that he only saw his name on exhibit K, but had never written it.

He told the court that he was just seeing it for the first time in court.

DW3 said that exhibit K is an email address from one Baba G. Jallow and written on it as exhibit K. He adduced that his name Pa Modou Faal was not on the whole pages of 1,2,3,4,5,6 and 7, of exhibit K.

He testified further that the only name contained in exhibit K is Baba G. Jallow, which he stated, is not related to the alleged seditious charges.

DW3, however, stated that he was not the author of exhibit K- the email address.

Pa Modou Faal while testifying read paragraph 5 of the article published in Foroyaa Newspaper and testified that his name was not written on exhibit A.

He adduced that there is no portion where it is mentioned the Office of the President and that it did not indicate any hand in the killing of the late Deyda Hydara.

He further adduced that he did not conspire with anyone to publish seditious publication in exhibit A and B, neither did he conspires with anyone to defame the President and the government of the Gambia. He added that he has never defamed any body in his life and did not intend to make seditious publication.

When cross examined by Sam Sarr, the sixth accused person, whether in the alleged seditious and defamatory charges before the court, did he at anytime before the arrest discuss it with him. In reply, DW3 said no.

When asked whether he sends any copy of the alleged copy of the seditious material to him, Mr. Faal replied no.

Sam Sarr further asked DW3 whether at any time he asked him to publish the alleged seditious and defamatory release on the Point Newspaper, DW3 replied no.

The sixth accused who is representing himself further asked DW3, whether at any time did he asks him to publish the alleged seditious and defamatory material in any Newspaper or website, DW3 answered in the negative.

DW3 also adduced that Ndey Tapha-Sosseh is not in Ghana as mentioned by PW3 in his testimony.

Cross examined by DPP, R.N Chenge asked the defence witness where Ndey Tapha Sosseh is currently residing, DW3 replied "I don't know".

DPP further put it to DW3 that wherever she is, she often sends the article in his box, DW3 responded in the affirmative.

DW3 then adduced that he actually downloaded the article and gave it to Pap Saine. When asked whether he did anything to disassociate himself from the publication, he replied in the negative.

Hearing continues.

Meanwhile, the false publication charge against Mr. Pap Saine, Co-publisher and Managing Editor of the Point Newspaper was yesterday 29th July 2009, withdrawn before Justice Joseph Wowo of the Banjul High Court.

According to the State Counsel, M.B Abubakarr, the state wished to withdraw the charged against the accused person.

Consequent upon this, the Presiding Judge, Justice Joseph Wowo said the information filed, dated 7th July 2009 is hereby struck out.