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Trial of Observer editor and Co now at High Court

May 10, 2013, 9:45 AM | Article By: Malamin L.M. Conteh

The trial involving deputy editor-in-chief of the Daily Observer Newspaper, Alhagie Jobe, and Mbye Bittaye, has been transferred to the Special Criminal Court in Banjul before Justice Emmanuel Nkea.

When the case was mentioned yesterday, the 1st accused, Alhagie Jobe, was present in court without legal representation, while the 2nd accused, Mbye Bittaye, was not in court.

The state was represented by state counsel A.M Yusuf from the Attorney General’s Chambers.

The case was then adjourned until 14 May 2013, for plea-taking.

It would be recalled that the accused persons were earlier arraigned at the Kanifing Magistrates’ Court were the trial commenced until this later development.

At the Kanifing Magistrates’ Court, Alagie Jobe was charged with seven counts 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, while Mbye Bittaye was charged with unlawful inquiries relating to the possibility of forgery.

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.