Police prosecutors in Banjul yesterday brought additional charges against Alhagie Jobe, editor of the Daily Observer Newspaper.
Jobe is facing trial alongside one Mbye Bittaye at the Kanifing Magistrates’ Court before Magistrate Abeke.
Yesterday’s proceedings began with the reading of additional charges against the 1st accused person, Alhagie Jobe, which he denied.
Alhagie Jobe now faces seven accounts of making an act with a seditious intention, seditious publication, possession of seditious publication, forgery, making documents without authority, false information and reckless and negligent act.
Mbye Bittaye was charged with unlawful inquiries relating to the possibility of forgery.
When the case was called, the police prosecutor, Superintendant Joof, informed the court that they have additional charges, and wanted to amend the charges.
However, defence counsel E. Jah opposed the prosecution’s application, saying the prosecution was relying on section 169 of the CPC, which does not allow for the amendment.
In response, prosecutor Joof said the application was proper under section 169 of the CPC, adding that the prosecution could at any stage in the trial amend, substitute or add to the charges.
In his ruling, the trial magistrate stated that the matter was still at the entry point and an amendment under the relevant CPC section would cause no injustice.
He then asked the accused persons to take their plea on the new charges, which the accused denied.
The prosecutor then called his first witness to testify.
In his testimony, PW1 Jawo Keita identified himself as a police officer attached to the major crime unit at police headquarters in Banjul.
Officer Keita told the court that he knew the accused persons, adding that the 1st accused was the deputy editor-in-chief of the Daily Observer and the 2nd accused works at Africell Company.
He disclosed that he knew one Momodou Saidy, the Managing Director of Daily Observer Company, and Assan Sallah, an employee of the said company.
Detective Keita further recalled that on 9 February 2013, he joined panelists at the NIA office in Banjul to investigate what the 1st accused purportedly published in the Daily Observer newspaper, that is, “Major Lamin Touray on the run.”
He said the 1st accused was at the NIA at the time, after he was arrested.
“The 1st accused was brought before the panel and was asked to brief the panel as to why he was detained or arrested by the NIA, which he did. After that, he led them to visit the scene at Tallinding Primary School,” he added.
According to him, on their arrival at the scene, they found a white Benz with registration number Observer 2 and photographs were taken.
‘The said vehicle was removed and the team proceeded to the 1st accused person’s residence, where a thorough search was conducted in his presence and nothing was found in connection with any illegal material connected with ‘Major Lamin Touray on the run,’ he said.
He explained that the team went back to the NIA office in Banjul where an independent witness was invited, and he cautioned the 1st accused in the presence of the independent witness.
He told the court that he read the cautionary wording to the 1st accused, which he accepted and signed, the independent witness also signed.
“I asked the 1st accused if I could write the statement for him, but the accused chose to write his own statement, which he did on 9 March 2013. He signed it and the independent witness also signed it,” he further narrated.
At that juncture, the case was adjourned till 16 April 2013, to enable the prosecution to serve the defence with both the cautionary and voluntary statements.
Count one of the charge sheet read that Alhagie Jobe, between 2012 and 2013 at the Daily Observer Company in the Kanifing Municipality, did an act with seditious intention to wit: published in a purported Daily Observer Newspaper of 19 December 2012, a false story that “Major Lamin Touray on the run for imminent re-arrest and detention and charged in absentia for breach of office ethics and codes by refusing to take orders in the execution of some people” and thereby committed an offence.
Count two stated that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, published a seditious publication on a purported Daily Observer Newspaper of 19 December 2012 to wit: that “Major Lamin Touray on the run for imminent re-arrest and detention and charged in absentia for breach of office ethics and codes, by refusing to take orders in the execution of some people”, and thereby committed an offence.
Count three indicated that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Newspaper Company, in the Kanifing Municipality and other various places in The Gambia, without lawful excuse had in possession a seditious publication, and thereby committed an offence.
Count four read that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, made a false document with intent to deceive purporting it to be a Daily Observer Newspaper of Wednesday 19 December 2012, thereby committed an offence.
Count five disclosed that Alhagie Jobe, in February 2013, at the NIA office Banjul, informed a panel of investigation that Assan Sallah, Madikhan Jobarteh and Mariama Danjo are involved in seditious publication, information which he knew to be false and thereby committed an offence.
Count six read that Mbye Bittaye, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, made inquiries in the Daily Observer Company with intent to make a forged document on behalf of Lamin Touray and was published in the Daily Observer Newspaper that “Lamin Touray on the run for imminent re-arrest and detention and is charged in absentia for breach of office ethics and codes for refusing to take orders in the execution of some people” and printed and published the same in the Daily Observer Newspaper of 12 December 2012 edition, with intent to deceive, thereby committed an offence.
On count seven, the particulars of offence disclosed that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, with intent to deceive and without lawful authority made a document purporting it to be a Daily Observer Newspaper of Wednesday 19 December 2012, and thereby committed an offence.
Count eight stated that Alhagie Jobe, on 8 February 2013, at Tallinding, in the Kanifing Municipality, drove a vehicle bearing registration number Observer 2, on the Tallinding Primary School Highway, in a manner so rash as to endanger human life, and thereby committed an offence.
