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| T O P I C R E V I E W |
| Momodou |
Posted - 28 Nov 2013 : 17:55:05
Foroyaa messenger pleads guilty to sedition charge
By Dawda Faye
The point: Thursday, November 28, 2013
 Mass Kah, a messenger with Foroyaa newspaper, yesterday pleaded guilty to a sedition charge before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
Prosecutors alleged that Mass Kah, on 14 November 2013 between the hours of 16:00 hrs and 17:00hrs, at Latrikunda German within the Kanifing Municipality and diverse areas, with willful intention, uttered a statement against the president’s photo which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, saying: “Why not paste the photo of H.E. the president on the sky?” and thereby committed an offence.
Magistrate Janneh then asked the prosecutor, Sergeant 335 Nying, to read the facts to the court, but the prosecutor told the court that the case file was not with her.
She applied to the court to adjourn the case for today, which was granted.
The accused person was then remanded at Mile 2 prisons until today, when the prosecutor would read the facts to the court
Source: The Point
Related Topic: Press Statement on the Arrest of Bai Mass Kah |
| 15 L A T E S T R E P L I E S (Newest First) |
| kobo |
Posted - 11 Sep 2014 : 15:11:56
Foroyaa Newspaper Employee Acquitted and Discharged
By KebbaJeffang
Foroyaa: Published on Wednesday, September 10, 2014
 Mr. Bai Mass Kah, the Foroyaa Newspaper, who was standing trial on a Bai Mass Kahcharge of sedition, was Tuesday, September 09, 2014, acquitted and discharged by Magistrate Amie Jagne of the Kanifing Magistrate’s Court.
Sergeant Yaya Colley appeared for the state whilst Lawyer Lamin S. Camara represented the accused person.
Delivering her judgment in a crowded courtroom, Magistrate Jagne reminded the court that the case before her is for judgment. She recalled that the accused person standing before her was charged with one count of seditious act and that he pleaded not guilty to the charge...........Full Report
Bai Mass Kah |
| toubab1020 |
Posted - 11 Sep 2014 : 00:58:49
"What the charge sheet stated was different from the evidence of the witnesses of the prosecution, she added.
As a result, she acquitted and discharged Mass Kah."
Opps.....................
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| Momodou |
Posted - 10 Sep 2014 : 13:14:41
Foroyaa messenger acquitted and discharged
The Point: Published on Wednesday, September 10, 2014
Magistrate Aji Amie Jagne of the Kanifing magistrates’ court on 9 September 2014 acquitted and discharged Mass Kah, a messenger of the Foroyaa newspaper, who was charged with sedition.
The prosecution had failed to prove its case beyond reasonable doubt, she declared.
Delivering her judgment, magistrate Jagne recalled that Mass Kah was charged with sedition, after he uttered the statement: “Why can’t you paste the photo of the President on the sky?”
Mass Kah denied the allegation, and the prosecution called witnesses. After the closure of the prosecution’s case, Mass Kah opened his defence and did not call any witness.
The prosecution witnesses testified that Mass Kah told the complainant: “If you wish, you can paste the photo of the President on the sky.”
Mass Kah also said in his evidence-in-chief: “If you wish, you can paste the photo of the President on the sky.”
This statement could not bring hatred, disaffection and disrespect to the person of the President, she said.
What the charge sheet stated was different from the evidence of the witnesses of the prosecution, she added.
As a result, she acquitted and discharged Mass Kah.
Sergeant 3560 Colley represented the IGP and Lawyer Lamin Camara represented Mass Kah.
Source: The Point |
| kobo |
Posted - 18 Dec 2013 : 19:46:38
1.In Foroyaa messenger’s trial, prosecution receives AG’
Prosecutor 335 Nying, who is the prosecuting officer in the case involving Mass Kah, a Foroyaa messenger, charged with sedition at the Kanifing Magistrates’ Court, on 17 December 2013 as she walked out of the magistrate’s chambers, told this reporter that she had received consent from the AG’s chambers to proceed with the case.
The prosecutor further informed this reporter that the case was adjourned to 30 December 2013, for hearing....
Source: The Point News & Full Report
2.BAI MASS KAH’S SEDITION TRIAL ADJOURNED
Published on Wednesday, 18 December
By Kebba Jeffang
The alleged sedition case involving Bai Mass Kah, a Messenger at the Foroyaa Newspaper, which was scheduled for hearing yesterday, 17 December, before Magistrate Isatou Janneh of the Kanifing Court, was said to have been adjourned to the 30 December, 2013. The case, did not proceed in open court, but both the police prosecutor Sergeant. 335 Sohna Nying and defence counsel Lamin S. Camara were seen in the magistrate’s chambers discussing the matter.
When the reporters approached the police prosecutor to enquire about the status of the case, she said they have now been given the go ahead by the Attorney General’s Chambers to proceed with the case and that they have now asked for an adjournment in order to go over the document. She said the defence has agreed for an adjournment which was granted by the presiding magistrate.
It could be recalled that during the last sitting on the 2nd December, the prosecution applied for an adjournment in order to get a written consent from the AG Chambers. She told the Court then that a person cannot be tried under Section 53 Sub Section 2 of the Criminal Code without a written consent from the AG Chambers.
The matter was therefore adjourned till 17, December, 2013.
Source: Foroyaa Burning Issues |
| kobo |
Posted - 03 Dec 2013 : 20:48:14
1. BAI MASS KAH’S SEDITION CASE ADJOURNED
By Kebba Jeffang
Published on Tuesday, 03 December 2013
The sedition case of Mr. Bai Mass Kah, a messenger at the Foroyaa newspaper, was on Monday, 2nd December, 2013 adjourned for a fortnight. The proceeding which took place at the Kanifing Magistrates’ Court was presided over by Magistrate Isatou Janneh. At the resumption of yesterday’s proceedings, the prosecution applied for an adjournment to give them time to secure the written consent of the Attorney General.
The leading prosecutor, Sgt. 335 Nying, drew the attention of the court to the requirement of the law which states that before the commencement of prosecution in a sedition case, the written consent of the Attorney General must be obtained.
Prosecutor Sgt. Nying read out section 53 sub section (2) of the Criminal Code: “A person shall not be prosecuted for an offence under section 52 of this Code without the written consent of the Attorney General.” She said based on this reason she would urge the court to adjourn the matter until they get the written consent from the AG Chambers.
The trial Magistrate indicated that since the written consent of the Attorney General is a prerequisite, the charge is not properly before the court and should be struck out.
In the end, Sgt Nying and defence counsel Lawyer Lamin S. Camara reached an understanding to adjourn the matter and the magistrate granted the application. The matter is therefore adjourned till 17th December, 2013.
Source: Foroyaa Burning Issues
2. RELATED BANTABA TOPIC FREEDOM OF EXPRESSION AND THE LAW ON SEDITION |
| Momodou |
Posted - 03 Dec 2013 : 11:50:50
In Foroyaa messenger’s trial, prosecutor to seek AG’s Chambers consent
By Dawda Faye
The Point: Published on Tuesday, December 03, 2013
The prosecuting officer in the case involving Mass Kah, a messenger with Foroyaa newspaper, who was charged with sedition, yesterday told the presiding magistrate at the Kanifing Magistrates’ Court that the accused person could not be prosecuted without the consent of the Attorney General’s Chambers.
335 Nying told the court that for this reason, she was applying for an adjournment for legal advice from the Attorney General’s Chambers.
Magistrate Janneh then advised the prosecutor to apply for the case to be struck out, since the accused person was not properly charged.
But prosecutor Nying maintained that she would wait for the consent of the AG Chambers.
Lawyer Camara, who was representing the accused, told the court that he was not opposing the application made by the prosecutor.
The case was subsequently adjourned till 17th December 2013.
The prosecution, in their particulars of offence, alleged that the accused, Mass Kah, on 14 November 2013, between 16:00 hrs and 17:00hrs, at Latrikunda German, within the K.M.C. and diverse areas, with willful intention, uttered a statement against the president’s photo which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, saying: “Why not paste the said photo of H.E. the president on the sky?” and thereby committed an offence.
Source: The Point |
| kobo |
Posted - 01 Dec 2013 : 03:43:30
Courtroom Advice Useful Notes: Pleading Guilty and the Courts
If you are thinking about pleading guilty to an offence, you may wish to seek the advice of a solicitor first. It could be that you should be pleading guilty to a lesser offence, or that you need to have the likely implications (i.e. the sentence) spelled out to you first. A solicitor may also help you to put across your side of the story, which could also have an impact on the likely punishment that the court gives you.
Credit For Guilty Pleas
In most cases, if you plead guilty to an offence you will get a lesser sentence than if you are found guilty after a trial. Depending on the stage that your case has reached when you enter your guilty plea, you can get a discount of up to one third off your sentence. This applies to fines, community orders and sentences of imprisonment.
Newton Hearings
In some cases, if the facts of the prosecution case differ substantially from your version of events the judge may order a ‘Newton’ hearing. This is in effect a trial that determines the facts even though you have pleaded guilty on a limited basis. For example, if you agree that you committed section 20 GBH (wounding) but not that you did it with intent (which is section 18 GBH) then the judge may decide that you need to have a trial to determine whether or not you had the requisite intent to satisfy the elements of a section 18 offence. Most lawyers will advise against Newton hearings as it is difficult to obtain a good outcome.
Basis of Plea
You may instead be advised by your lawyer to plead guilty ‘on a basis.’ This is a document that sets out the facts that you are prepared to agree to, and is signed by you and your lawyer. If the prosecution agrees to it, then the prosecutor will also sign it. If not, you can still submit a basis of plea and give it to the judge but it will not have as much weight if the prosecution refuses to sign it.
Convictions
Once you plead guilty, you are ‘convicted.’ This means that you may be put on ‘judge’s remand’ pending your sentencing hearing. This is different to being on normal ‘remand’. A remand prisoner is an un-convicted prisoner. A prisoner on judge’s remand has pleaded guilty but has not been sentenced yet.
Types of Sentences
There are lots of different types of sentences that the court can give you, from an ‘absolute discharge’ which means no punishment at all, to a life sentence. There are also conditional discharges, fines, community orders, curfews, intermittent custody and imprisonment, to name a few. You may also be ‘bound over’ to keep the peace, or if you admit guilt in the police station you could be given a caution, which will stay on your criminal record but will mean that you do not need to go to court.
If you are in any doubt about whether you should plead guilty or not, you should seek legal advice. You may be entitled to legal aid to pay for your representation, but this will depend on your financial circumstances. Again, a solicitor is the best person to advise you on this
GIVEN THAT WE KNEW ITS A POLITICAL CASE, STATE RELYING ON "Section 169 of the Criminal Procedure Code" (ESPECIALLY “Criminal Code (Amendment) Act, 2013”, also known as “The Principal Act”), ALSO THAT DRACONIAN LAWS ARE IN PLACE, ABUSE OF POWER, STATE TERRORISM AND A BRUTAL REGIME; WE (SKEPTICS) SEE A THREAT OF STATE INTRUSIONS TO MASSAGE DICTATOR JAMMEH'S EGO AND ARE DOUBTFUL FOR A FAIR TRIAL
Related Topic: UDP Treasurer, three others in NIA custody |
| kobo |
Posted - 01 Dec 2013 : 02:56:47
quote:
Originally posted by Nyarikangbanna
Foroyaa is embarrassed about the fact that an indoctrinated disciple of theirs gullibly pleaded guilty to a crime he knew nothing about and wants to blame interpreters for that. It's call face saving.
......
There are people Foroyaa can mislead and there others they won't be able to mislead even in a billion years. The Point reportage is more accurate and a true reflection of what transpired in court.
Thanks
Where you in court to convince others what actually transpired?
These are the lines or statements from the Point news you relying on;
1. The Point: Thursday, November 28, 2013- A HEADLINE: THAT Foroyaa messenger pleads guilty to sedition charge
AND ALSO THE REPORT MERELY ALLEGED THAT "Mass Kah, a messenger with Foroyaa newspaper, yesterday pleaded guilty to a sedition charge before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court."; WITHOUT ANY SUBSTANCE?
2. The Point: Friday, November 29, 2013- THEN FROM HEADLINE: U-turn in Foroyaa messenger’s trial.
WITH THIS STATEMENT THAT "There was a u-turn in the trial involving Mass Kah, a messenger at Foroyaa newspaper, when Thursday the accused person changed his plea of guilty to the sedition charge, and pleaded not guilty before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court."
ALSO WITHOUT ANY SUBSTANCE?
3. Get your facts right because Foroyaa covered the case and clearly stated what they believe transpired there and reported much more than The Point. Foroyaa stated that;
- "..the prosecutor....read the particulars of offence in English which was translated into Wollof by the interpreter thus: Mass Kah on or about the 14th November, 2013 between the hours of 16hrs and 17hrs at Latrikunda German within Kanifing Municipality and diverse areas, with willful intention uttered a statement against the photo of the President of Gambia which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, asking: ‘why not you paste the said photo of the President on the sky?’ and thereby committed an offence.
When the magistrate put to Mass Kah whether he said what is on the charge sheet read by the prosecution, he replied in the affirmative and said “yes I said so.”"
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| sankalanka |
Posted - 01 Dec 2013 : 02:47:47
Kobo, thanks for the amazing job you are doing bringing all these valuable information to our attention. I have to tell you that you are the best in what you do. Keep up the good work. |
| Nyarikangbanna |
Posted - 01 Dec 2013 : 01:28:32
Foroyaa is embarrassed about the fact that an indoctrinated disciple of theirs gullibly pleaded guilty to a crime he knew nothing about and wants to blame interpreters for that. It's call face saving.
Bai Mass is only saved from conviction by the prosecutor's own default. She failed to bring the charge sheet in court and when she was asked to read it after Bai Mass already pleaded guilty, no sheet was before her and so she applied for an adjournment which was granted.
The next day she came to court with an amended charge sheet. Since Bai mass's initial guilty plea was not based on this amended charge sheet, the magistrate had to ask him again how he pleaded and this time he got it right by pleading not guilty. The prosecutor's incompetence effectively saved Bai Mass for he would have been rightfully convicted on the basis of his own admission.
There are people Foroyaa can mislead and there others they won't be able to mislead even in a billion years. The Point reportage is more accurate and a true reflection of what transpired in court.
Thanks |
| kobo |
Posted - 30 Nov 2013 : 21:53:09
FREE DICTIONARY USEFUL DEFINITIONS OF LEGAL TERMS COVERED:
1. Guilty Plea: (noun) "acceptance of criminal wrongdoing, admission of blame, admission of guilt, admission of punishment, admission of the charges as read, at fault, blameworthiness, conviction, culpable plea, plea of guilt"
2. Sedition: "1. Conduct or language inciting rebellion against the authority of a state.
2. Insurrection; rebellion."
Dictionary.Com Sedition Definition: "
1. incitement of discontent or rebellion against a government.
2. any action, especially in speech or writing, promoting such discontent or rebellion."
Dictionary.Com Incite Definition:
"to stir, encourage, or urge on; stimulate or prompt (people) to action: to incite a crowd to riot."
3. Felony: "1. One of several grave crimes, such as murder, rape, or burglary, punishable by a more stringent sentence than that given for a misdemeanor.
2. Any of several crimes in early English law that were punishable by forfeiture of land or goods and by possible loss of life or a bodily part."
4. Misdemeanor: "Offenses lower than felonies and generally those punishable by fine, penalty, Forfeiture, or imprisonment other than in a penitentiary. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. Certain states also have various classes of misdemeanors (e.g., Class A, B, etc.)."
NOTED: The main issue in this case is for Prosecution to proof "beyond reasonable doubt" in court; whether Bai Mass Kah's opinion or statement by saying: “Why not paste the photo of H.E. the president on the sky?” is seditious or can "incite and/or promote discontent or rebellion against the government", under Section 169 of the Criminal Procedure Code to amend the statement of offence to read as Section 52 Sub Section (1)(b) instead of Section 51 Sub Section (1)(a)
Right to freedom of expression and certain others are inalienable human rights; especially the fundamental rights and freedoms for citizens of the country enshrined in the Gambia Constitution BUT QUOTING from Amnesty International (AI) condemning the “Criminal Code (Amendment) Act, 2013” and indicting Gambia government that JAMMEH HAS CREATED A CLIMATE OF FEAR IN GAMBIA SOURCE: Askanai Senegambia online News, AI stated that;
" “In April 2013, the National Assembly unanimously passed the “Criminal Code (Amendment) Act, 2013”, also known as “The Principal Act”, which broadens definitions of offences and places harsher punishments on the following: acts of public disorder, such as “hurling abusive insults” or “singing abusive songs”; giving false information to a public servant; and it criminalizes people’s expression through their choice of clothing. The Principal Act contains vague definitions which leave room for interpretation and application that do not comply with international human rights law.”
Amnesty International added that in a bid to further limit freedom of expression on the internet, one of the few remaining public spaces for dissent, the Jammeh regime last July enacted the “Information and Communication (Amendment) Act 2013”, which allows the authorities to impose penalties of up to 15 years imprisonment and hefty fines for criticising government officials online.
“It targets people who spread “false news” about the government or public officials; caricature or make derogatory statements against public officials; and incite dissatisfaction or instigate violence against the government,” it stated.
“ These new laws, along with other existing legislation, demonstrate the government’s complete unwillingness to allow space for freedom of expression, including dissent.”" |
| kobo |
Posted - 30 Nov 2013 : 21:28:07
MASS KAH GRANTED BAIL
By Mamadou Dem
Published on Saturday, 30 November 2013
The Kanifing Magistrates’ Court presided over by Magistrate Isatou Janneh yesterday, 28th November 2013 in a crowded court room granted bail to Mass Kah, a messenger employed by Foroyaa Newspaper standing trial on one count charge of Sedition contrary to the laws of The Gambia. The court imposed a bail bond in the sum of D100,000 and ordered him to produce two Gambian sureties who should deposit their National Identity cards and swear to an affidavit of means of the said sum.
The accused was admitted to bail after being held for nearly two weeks in detention at the National Intelligence Agency (NIA) and various Police Stations as well.
According to the particulars of offence, the aforesaid person on or about the 14th of November, 2013 between the hours of 1600hrs and 1700hrs at Latrikunda German within the Kanifing Municipality and diverse areas, with wilful intention uttered a statement against the photo of the President of the Gambia which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, asking: ‘why not you paste the said photo of the President on the sky?’ thereby committed an offence.
When the particulars were translated to him in Wollof, he denied any wrong doing and the Magistrate entered a plea of not guilty. Prior to the reading of the charge sheet to the accused and a plea of not guilty, Sergeant Sohna Nying alongside Sergeant 3560 Colley applied under Section 169 of the Criminal Procedure Code to amend the statement of offence to read as Section 52 Sub Section (1)(b) instead of Section 51 Sub Section (1)(a).
The application was granted by the court when Lamin S Camara, counsel for the accused person did not raise any objection to the amendment sought by the prosecution.
Upon granting the prosecution’s application for amendment and a plea of not guilty by the accused, the prosecution applied for an adjournment to enable them call their witnesses.
Counsel Camara then told the court “I have no objection to the application for an adjournment but I wish to make an application for bail under Section 99 of the Criminal Procedure Code (CPC)”. “Your Worship, the charge against the accused person is a bailable offence and for the purpose of emphasis it is a misdemeanour,” he added. Counsel therefore urged the court to put into consideration Section 99 of the CPC to grant bail to the accused person.
No objection to bail was raised by police prosecutors and the accused was eventually granted bail accordingly as stated above. The Case is adjourned till Monday 2nd December, 2013 for hearing.
Source: Foroyaa Burning Issues |
| kobo |
Posted - 30 Nov 2013 : 10:24:01
"The point maintaining its position that the accused had initially pleaded guilty" but that has been alleged and not firmly established with details (i.e. the FACTS cannot be affirm and were not substantiated from both reports.)
The Point news did not provide any substance to support or substantiate its report claiming that accused pleaded guilty to a sedition charge!
However the trial is finally progressing on track! |
| Nyarikangbanna |
Posted - 29 Nov 2013 : 13:02:47
The point is maintaining its position that the accused had initially pleaded guilty. Lets see what the truth massaging foroyaa will come up with.
I must say though; I find the particular of the offence too halirious. Did Bai Mass actually said that???? |
| Momodou |
Posted - 29 Nov 2013 : 12:32:27
U-turn in Foroyaa messenger’s trial
By Author: Dawda Faye
The Point: Friday, November 29, 2013
There was a u-turn in the trial involving Mass Kah, a messenger at Foroyaa newspaper, when Thursday the accused person changed his plea of guilty to the sedition charge, and pleaded not guilty before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
When the case was mentioned, prosecutor 335 Nying told the court that she was representing the IGP along with Sergeant 3560 Colley.
Lawyer Lamin S. Camara stood up and announced his representation for the accused person.
Prosecutor Nying rose and applied to the court for an amendment, and defence lawyer Camara said they did not have any objection to the application made by the prosecutor.
The court granted the application.
On 27 November 2013, the charge sheet was read to the accused person and he pleaded guilty.
However, when the charge sheet was amended on 28 November 2013, it was again read to the accused person, and this time he denied the charge.
Prosecutor Nying consequently applied for an adjournment, to call her witnesses.
Lawyer Camara did not object to the application. He then applied to the court to grant the accused person bail, arguing that the offence is a bailable offence and it is a misdemeanor.
Sergeant 335 Nying told the court that she was not opposed to granting bail.
The accused person was then granted bail in the sum of D100,000 with two Gambian sureties, who should have properties within the Greater Banjul Area.
They should also deposit their ID cards to the court, and swear to an affidavit of means.
The case was adjourned to 2 December 2013, for hearing.
According to the particulars of offence, the accused person, Mass Kah, on 14 November 2013 between the hours of 16:00 hrs and 17:00hrs at Latrikunda German, within the Kanifing Municipality and diverse areas, with willful intention, uttered a statement against the President’s photo which one Lamin Camara was pasting on his vehicle opposite a tailoring workshop, saying: “Why not paste the said photo of H.E. the President on the sky?” and thereby committed an offence.
Source: The Point |
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