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| T O P I C R E V I E W |
| Nyarikangbanna |
Posted - 07 Jan 2014 : 14:11:49
Foroyaa messenger’s trial commences
The Point: Published on Tuesday, January 07, 2014
The sedition trial involving Mass Kah, a Foroyaa messenger, on 6 January 2014 commenced before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court, when prosecutor, Sergeant 335 Nying, called her first witness to testify.
The witness, Lamin Camara, told the court that he lives at Lamin village and is a driver, and that he recognized the accused person.
He adduced that on 14 November 2013, he went to Latrikunda German at a tailoring workshop with two women.
V
He further stated that he parked his vehicle opposite a tailoring workshop, adding that he alighted from his vehicle, and he took out two pictures of the President.
Camara testified that a man was sitting inside the workshop, chatting with the tailor.
He said when he pasted the pictures on the windscreen of his car, the accused asked him why he was pasting the pictures on the windscreen while he, the accused, was sitting.
He adduced that he told the accused that he, the witness, did not know him.
Camara further said that the accused told him that he is a supporter of Halifa Sallah’s party and why should he paste the pictures, adding that the accused started insulting him.
C
He testified that the accused told him that all Gambians are wearing a woman’s wrapper, and that it is only Halifa Sallah who wears a pair of trousers.
He further narrated that he told the accused that, then he should go to Halifa Sallah to give him employment.
He said the accused told him that the President cannot write, adding that he reported the matter to the police station.
The prosecutor applied to tender the picture of the president after it was identified by the witness.
Defence counsel Lamin S. Camara did not raise any objection. The picture was admitted by the court.
The witness further narrated that he made a statement.
The defence counsel under cross-examination asked, “You said you made a statement at the police?”
“Yes,” the witness replied.
“Is this your statement?” the defence counsel enquired.
“Yes,” answered the witness.
Lamin S. Camara then applied to tender the statement as a defence exhibit.
The prosecutor did not raise any objection. The said statement was admitted by the court.
The second witness, Modou Jagne, said he lives at Latrikunda German and he is a tailor, adding that he recognized the accused.
He stated that it happened on 14 November 2013, between 4p.m and 5 p.m. when a woman came with her vehicle and parked opposite his workshop.
He said the woman greeted him and he responded, adding that she was asking for one Alagie Njie.
Mr Jagne stated that he told her that Alagie Njie went to Sukuta for a naming ceremony.
He further said that she told him she gave Alagie Njie some material to sew for her, and came to collect the remaining material or cloth, adding that they searched for the remaining material.
He added that she went to one Awa Sallah who introduced her to Alagie Njie, and Awa Sallah gave her the remaining material, adding that she left him and he continued his work.
He further testified that he saw the accused and the first witness quarreling, but did not know what happened.
The defence counsel rose and said he had no questions for the witness.
The prosecutor applied for an adjournment to call her next witness.
Her application was granted and the case was adjourned till today.
According to the particulars of offence, 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 photo of H.E. the president on the sky?” and thereby committed an offence.
Author: Dawda Faye
Source; The Point |
| 15 L A T E S T R E P L I E S (Newest First) |
| kobo |
Posted - 13 Apr 2014 : 07:35:23
1. The Point News Foroyaa messenger taken to task
2. Police prosecutor cross examines Mass Kah
Published on Saturday, 12 April 2014 | By Lamin Sanyang
Sergeant Colley, representing the Inspector General of Police yesterday, Thursday 10 April, continued his cross examination of Mass Kah, a Foroyaa Messenger who is standing trial for sedition charge before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court. The Foroyaa employee told the court that he did not know Lamin Camara (PW1) and was not talking to him at the time, but admitted that he later told him that he belongs to the same party with Halifa Sallah.
He denied uttering the said statement that ‘if you like, you can paste this photo up to the sky.
I do not care about that’. It was put to him that he uttered the statement and repeated it in his evidence before the court.
“I told him that if you like you can paste the photo of the APRC leader in the sky.
I said only Halifa Sallah wears trouser in the country. I agreed that I also wear wrapper and not trousers.” He agreed he was not putting on wrapper. It was then put to him that what he said was therefore untrue.
In response he said, “That is just a saying but cannot amount to a lie.” Mass Kah told the court that during his detention both at the police and the National Intelligence Agency (NIA), he wanted to reserve his opinion but the security operatives insisted for him to give a statement. He said he was not forced or threatened, but argued that the statement was not obtained voluntarily.
He said the same statements were taken at different police stations along with the National Intelligence Agency.
At this juncture, the police prosecutor requested for three exhibits from the court, the statement taken at the National Intelligence Agency. The defendant in answering a question said he did not say in his evidence that Mr. Jaiteh told him that the two prosecution witnesses (Lamin Camara and Adama Jassey) were provoking him. “What I said was that he said they were challenging me,” he pointed out.
Mass Kah told the court that he did not mention the name of Mr. Jaiteh in his statement at the police, but the prosecutor disagreed. He put to him that the incident of Mr. Jaiteh was not true which he said was the reason he did not say it at the police. The defendant answered in the negative. He insisted that the said person was passing-by at the time of the incident.
The Foroyaa employee told the court that he was retaliating to the first and third prosecution witnesses who were provoking his party leader when he said Halifa Sallah was the only one wearing trouser in the country. He claimed they told him that Halifa Sallah has been struggling for a long time while he knows he cannot lead the nation.
“They said Halifa did not know anything and I’m an illiterate,” he told court. Mass Kah denied the statement that ‘Halifa Sallah is the only one who wears trouser in the country’ was disrespectful to the general public.
He further denied the statement that ‘if you like, you can paste this photo of His Excellency up to the sky I do not care about that’ showed total disrespect to the President.
“The statement of pasting the photo on the sky was a promotion and not disrespect,” he said. Meanwhile, the case was adjourned till Tuesday 15 May 2014, for adoption of briefs.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 03 Apr 2014 : 23:56:30
Foroyaa Messenger’s case suffers setback
Published on Thursday, 03 April 2014 | Written by Lamin Sanyang
The trial of Mr. Bai Mass Kah of Foroyaa Newspaper could not proceed yesterday, Tuesday 1 April, before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court for cross examination. The case could not proceed after it was initially set for cross examination by the police prosecutor. It was reported that the trial Magistrate was going for a general legal interview at the country’s legal department in Banjul. Subsequently, the matter was deferred to Thursday, 10th April 2014, for cross examination.
It could be recalled that the defendant in his evidence in chief denied the charge of sedition preferred against him. He said he did not talk to the first prosecution witness (Lamin Camara).
He said on that very day, he was seated at the place where they normally drink Chinese tea (attayaa) and chat, discussing political issues. The discussants belong to different political parties, including APRC, PDOIS and UDP.
However, Mr. Kah explained to the court that on that day when Lamin Camara (PW1) parked his vehicle near where he was seated, he alighted from the vehicle and started pasting photos of the APRC leader on the vehicle. As he was pasting the photos, one Mr. Jaiteh, who normally participates in their political debates was passing by and said to him that the first prosecution witness (Camara) and friends were challenging him.
He said he told him (Mr Jaiteh) not to mind, they can even paste it (the photo of the APRC leader) in the sky. He said Mr. Jaiteh then said this looks like PDOIS versus APRC. The defendant said at this point, Mr. Lamin Camara (PW1) and the lady that accompanied him (PW3) approached him and told him:
“You PDOIS people know nothing. Halifa will not lead this nation, he has tried for many years without success. You are stupid. You are an illiterate.” He said they started to provoke him. He said that, that was the time he told them that it is Halifa Sallah that wears trousers in this country.
Mass Kah emphasised that they do conduct debates at their meeting place, but have no problems. He told the court that after a while he went to his home, but Mr. Lamin Camara (PW1), his boss and a police officer soon came to his home and he was taken to the Latrikunda sub police station opposite Mr. Tambajang’s home.
The defendant said he was questioned, but told the police that he would reserve his opinion. He added that the police insisted that he had to give his statement since he had been taken to the police station. It was then that he explained what had happened. He further stated that after about two hours, he was transferred to Serrkunda Police station where the same thing happened.
Mr. Mass Kah then said that between 8 and 9 pm, he was taken to Kotu Police Station where the police insisted that he had to give a statement. He said on Saturday 16 November 2013, he was taken from Kotu Police Station and transferred to the NIA headquarters in Banjul. Then on 18 November while in NIA custody, his statement was taken in which he said the same thing.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 27 Mar 2014 : 01:54:07
Mass Kah Testifies
Published on Wednesday, 26 March 2014 | Written by Ousman Njie
Foroyaa messenger, Mass Kah, on Tuesday 25 March 2014, testified before Magistrate Isatou Janneh at the Kanifing Magistrates’ Court. He told the court that he was not talking to the complainant Lamin Camara when he uttered the statement, “If they wish they can go and paste it (the photo of the APRC leader) in the sky,” but was responding to a friend who was passing by.
When the case was called Sergeant 3560 Colley announced his representation of the Inspector General of Police (IGP) while Mr LS Camara represented the accused.
Mr Mass Kah then entered the witness box and after he was sworn in, he gave his evidence-in-chief in wollof. He told the court that he lives at Latrikunda and works with Foroyaa Newspaper as a messenger.
He acknowleged that he is aware that he is charged with sedition contrary to the Criminal Code and that the first prosecuion witness (PW1 Lamin Camara) told the court that he (Mass Kah) said, “Why not paste the photo of the president in the sky.”
When asked whether he talked to Lamin Camara, Mass Kah told the court: “No, I did not talk to Lamin Camara.” He was asked to narrate what happened.
He said on that very day, he was seated at the place where they normally drink chinese tea and chat, discussing political issues.
He said that those at the meeting place belong to different political parties, including APRC, PDOIS and UDP.
He explained that on that day when Lamin Camara (PW1) parked his vehicle near where he was seated, he alighted from the vehicle and started pasting photos of the APRC leader on the vehicle. “While doing this, one Mr Jaiteh, who normally participates in our debates and knows the party I support, was passing by. He said to me, they (PW1 and co.) are challenging you.
I said to him don’t mind them, they can even past it (the photo of the APRC leader) in the sky. Mr Jaiteh then said this looks like PDOIS versus APRC.” Mass Kah said at this point, Mr Lamin Camara and the lady that accompanied him (PW3) approached him and told him:
“You PDOIS people know nothing. Halifa will not lead this nation, he has tried for many years without success. You are stupid. You are an illiterate.” He said they started to provoke him. He said that, that was the time he told them that it is Halifa Sallah that wears trousers in this country.
He emphasised that they do conduct debates at their meeting place, but have no problems. Continuing his testimony, he told the court that after a while he went to his home, but PW1, his boss and a police officer soon came to his home and he was taken to the Latrikunda sub-police station opposite Mr Tambajang’s home.
He said he was questioned, but he told the police that he would reserve his opinion. He added that the police insisted that he had to give his statement since he had been taken to the police station. It was then that he explained what had happened.
He said further that after about two hours, he was transferred to Serrekunda Police station where the same thing happened.
He then said that between 8 and 9 pm, he was then taken to Kotu Police Station where the police insisted that he had to give a statement.
Still further, he said on Saturday 16 November 2013, he was taken from Kotu Police Station and transferred to the NIA headquarters in Banjul.
Then on 18 November while in NIA custody, his statement was taken in which he said the same thing. He was shown a document and asked whether that was the statement he gave, but he asked for the document to be read out to him which was done.
The essence of what was read out is as follows: I was born in Banjul where I lived with my mother and father. I have been a supporter of PDOIS even before I was employed as a messenger of PDOIS in 2005.
I was sitting at our vous just beside a tailor’s shop when Lamin Camara came and started pasting photos on his vehicle. Jaiteh was passing by and he said “they are provoking you”.
In response I told him that, “I don’t care. If they wish they can go and past it in the sky.” I also told them that Halifa Sallah is the only one who wears trousers in the country. They told me to go to Halifa Sallah and tell him to provide a job for me.
I told them that he has already done that.” He told the court that that was the statement that was taken.
This was the end of Mass Kah’s examination-in-chief.
CROSS-EXAMINATION Police Prosecutor Colley only asked one question after which he applied for an adjournment which was granted. Question: Have you ever met Lamin Camara? Ans: No.
At this point, the case was adjourned till 1 April 2014.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 26 Mar 2014 : 20:46:36
1. Foroyaa messenger has case to answer
Thursday, March 13, 2014
Magistrate Isatou Janneh of the Kanifing Magistrates’ Court yesterday ruled in the no-case submission made by lawyer Lamin S. Camara on behalf of Mass Kah, a Foroyaa messenger, that the prosecution had made a prima facie case against the accused person, who was charged with sedition.
Having carefully gone through the evidence of the prosecution witnesses, and the no-case submission made by the defence counsel, and also the reply by the prosecution, it was her view that the sole issue for determination at this point was whether the prosecution had made a prima facie case requiring the accused person to be called to open his defence....
Source: Full report from The Point News
2. Foroyaa Messenger to enter defence today
Published on Tuesday, 25 March 2014 | Written by Lamin Sanyang
Mr. Bai Mass Kah of Foroyaa Newspaper would today, Tuesday 25 March, enter his defence before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court. This followed the ruling delivered by Magistrate Janneh, who overruled the no-case to answer submission filed by the defence, and called on the defendant to give evidence in his defence as he had a case to answer.
The defendant was arraigned before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court, charged with one count of sedition which he strongly denied. The Magistrate, in overruling the no-case to answer submission made by lawyer Lamin S. Camara on behalf of the defendant, maintained that the prosecution had made a prima facie case against the defendant.
“I therefore overrule the submission of no-case by the defence counsel on behalf of the accused person. I find that there is a prima facie case made out against the accused that is sufficient to call upon him to enter a defence. Accordingly, I call upon the accused person to enter his defence,” ruled Magistrate Janneh.
The magistrate in her ruling said it was her opinion that the statements uttered by the defendant, ‘if you like, you can paste this photo up to the sky, I do not care about that’ and ‘the President cannot write because he does not write’ were uttered against the person of the President and they have the tendency to excite disaffection and ill-will against His Excellency, the President. She said the statement can bring contempt such as lack of respect or reverence for the person of the President.
However, Magistrate Janneh added that it was clearly from the evidence presented that none of the prosecution witnesses stated that the accused person said: “Why not paste the said photo of H.E the President on the Sky?” as indicated on the charge sheet, but instead the witnesses stated that the accused person said:
“If you like or wish, paste the photo of H.E the President on the Sky”. She asked whether variance in the charge sheet, and the evidence presented before the court had any effect on the offence for which the accused was being tried.
She said there was no variance because the accused was clear about the offence he was being charged with. She said one must have regards to the real substance of the evidence presented and not be swayed by the form in which it may be dressed up, so far as it was clear to the accused as to what he was being tried for. Meanwhile, hearings continue today, Tuesday 25th March 2014, for defendant to enter his defense.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 19 Mar 2014 : 22:07:54
1. Foroyaa Messenger Loses Bid To Have Sedition Charges Ditched
Wednesday, 19 March 2014 12:52
(JollofNews) – A Gambian newspaper messenger who is in court for bad-mouthing President Yahya Jammeh has lost his bid to get the case thrown out of court.
Mass Kah, who works for the opposition owned newspaper, Foroyaa, is charged with sedition after he told a supporter of the ruling APRC party to paste a picture of Yahya Jammeh in the sky. He has pleaded not guilty and argued for the case to be thrown out of court.
But Magistrate Isatou Janneh of the Kanifing Magistrates’ Court has rejected the application. She said the case cannot be thrown out of court because Mr Kah’s comments against President Yahya Jammeh have a tendency to excite disaffection and ill-will against the Gambian leader.
Magistrate Janneh noted that: “In my opinion, the statements uttered by the accused, ‘if you like you can paste this photo up to the sky, I do not care about that’ and ‘the President cannot write because he does not write’ were uttered against the person of the President and they have the tendency to excite disaffection and ill-will against His Excellency, the President.”
She added: “The said statement can bring contempt such as lack of respect or reverence against the person of the president. The no-case submission is hereby overruled and I call on the accused to enter his defence as a prima facie case has been proven by the prosecution.”
The case continues.
Written by PK Jarju
Source: Jollof News
2. Related Bantaba topics THE LAW ON SEDITION IS MONARCHICAL |
| kobo |
Posted - 26 Feb 2014 : 20:34:25
Prosecutor and defence debate “no case” submission in Mass Kah’s trial
Published on Wednesday, 26 February 2014 | Written by Sarjo Camara
Prosecutor, Sergeant 3560 Yaya S. Colley yesterday 24 February, 2014, at the Kanifing Magistrates’ Court maintained that Mr Kah has a case to answer in his address to the court. Mr Lamin S. Camara, counsel for the accused said his client has no case to answer based on the evidence adduced and the law. When the case was called, the Police Prosecutor Sergeant Yaya S. Colley announced his appearance for the Inspector General of Police and Lamin S. Camara appeared for the accused person, Mr. Mass Kah.
The Prosecuting Officer, Yaya S. Colley, in response to the No Case Submission earlier on made by the defence, submitted that having heard the submission by the defense, they wish to submit that the accused has a case to answer based on the evidence adduced by all the five prosecution witnesses.
He said the accused was charged with section 52(1)(b) of the Criminal Code Vol 3 Laws of The Gambia; that the prosecution had a total of five witnesses, starting with PW1 Lamin Camara, who testified in this court on his encounter with the accused when he wanted to paste the photo of the president; that the accused who was unknown to him sitting at the tailoring shop asked him why he pasted the photo of President Jammeh, which brought a quarrel between Mass Kah and PW1 and two other prosecution witnesses. Police prosecutor Colley told the court “The accused went further and told him that he was a supporter of Halifa Sallah’s party and went on to remark that only Halifa Sallah wears trousers while the rest are all women and that the president can’t write.”
Prosecutor Colley said PW3 Adama Jassey also testified in this court and gave a brief explanation about their encounter. He said she also told the court what brought the quarrel, that he said ‘if you wish go and paste the photo of president on the sky,’ prompting her to reply that ‘only an illiterate will say that.’ He said she also testified that the accused person said: ‘only Halifa wears trousers and the rest are all women’ which made them to quarrel over those comments made by the accused person.’ He said PW4 also testified that he is the one who witnessed the taking of the voluntary statement, explaining how they cautioned the accused when the accused began to explain in front of the independent witness - and the accused appended his signature, as he recorded, and an independent witness countersigned it and it was translated to the accused into wollof language.
He further submitted that PW5 who testified as the investigating officer in this case said that the accused came to their office on the alleged sedition charge contrary to section 52(1)(b) that the accused made against the photo of the president which PW1 was pasting on his car.
According to Prosecutor Colley, a ‘no case submission’ should be upheld when there is no essential element of the alleged offence, citing ANE Amesah on criminal procedure.
“We submit that none of the prosecution witnesses have been discredited, the evidence of the witnesses have established the offence charged and the court should uphold it as charged,” opined Colley.
“His conduct or utterance on that very day had shown deep-seated grudges, disaffection, hatred and contempt against the person of his Excellency,” he said. Colley opined that the best question requiring an answer here is what business the accused had with the one pasting and what led to that? The answer he said is “hatred, disaffection against the person of his Excellency the president” because “it is clear from the accused that he did not know that man.”
It is the submission of the defense that PW1 Lamin Camara, never said why not paste the photo on the Sky? The prosecutor at this stage was trying to explain why PW1 Lamin Camara did not make a crucial statement in his testimony, but Counsel for the accused Mr Lamin S Camara stood up to point out that the prosecutor should stick to the law and the evidence before the court.
The Magistrate took note and the prosecuting officer said: ‘as it pleases your worship.’ At this point, the prosecutor referred the court to PW5 Omar Tunkara’s evidence. He said the defense has argued and asked whether the witness said ‘if you wish or if you like to paste the photo on the sky’.
Colley opined that they mean the same thing. “Your worship on a final note going by the evidence of PW1- the accused said he is a member of Halifa Sallah’s Party, there is no doubt that Halifa Sallah owns a party in the Gambia, that it is general knowledge that members of the opposition do not have good will for the ruling party,” submitted Prosecutor Yaya S. Colley.
Defence Counsel Lamin S. Camara objected to that statement and said the court is not a political platform, that he, counsel, is not a politician and the prosecutor too is not a politician either.
The Magistrate cautioned the prosecutor.
At this stage, the Police Prosecutor Sergeant Yaya S. Colley called on the defence to open their case. He argued that since the defence is claiming that there is no case to answer the accused must be called to explain the meaning of the words he uttered.
He stated that a prima facie case has been made against the accused person.
The defence counsel now replied on points of law. He submitted that there is no burden of proof on the accused person, emphasising that the legal burden does not shift at this point. He submitted that to ask Mass Kah to come and enter his defence is to ask him to prove his innocence.
Mr Camara further submitted that the prosecutor strongly misconstrued the law on sedition, when he took sedition to mean that the accused must hold deep-seated, hatred, contempt and disaffection for someone. Camara said, “That is not sedition.
It simply says that a statement that is capable of engendering hatred, contempt, disaffection against the person of a president to the public.” He added that what the prosecution fails to admit here is that no statement has been uttered, only a picture has been referred to. He further submitted that as far as the alleged seditious statement in the charge is concerned, the prosecution witnesses said that Mass Kah did not say it.
At this point, the magistrate adjourned the case till 12 March 2014 at 10am to rule on the submission of ‘no case to answer’.
SOURCE: Foroyaa Burning Issues News |
| kobo |
Posted - 26 Feb 2014 : 00:41:38
1. Foroyaa messenger’s trial suffers setback
Friday, February 14, 2014
The case involving Mass Kah, a Foroyaa messenger, who was charged with sedition, could not proceed on 13 February 2014 before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
The defence counsel, Lamin S. Camara, called and asked for adjournment, according to Sgt 3560 Colley, the prosecuting officer.
Sergeant 3560 Colley was expected to reply to the no-case submission made by defence counsel Lamin S. Camara.
The case was then adjourned till 24 February 2014.....
SOURCE: The Point News & full report
2. Prosecutor replies to no-case submission in Foroyaa messenger’s trial
Tuesday, February 25, 2014
Police prosecutor Sergeant 3560 Colley yesterday replied to the defence no-case submission in the trial involving Mass Kah, a messenger at Foroyaa newspaper, who was charged with sedition, before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
In his submission, the prosecutor told the court that the accused person has a case to answer, having regard to the evidence of the prosecution witnesses....
SOURCE: The Point News & full report |
| kobo |
Posted - 15 Feb 2014 : 19:35:44
FOROYAA MESSENGER’S TRIAL COULD NOT PROCEED DUE TO ABSENCE OF DEFENCE LAWYER
Published on Saturday, 15 February 2014 | Written by Kebba Jeffang
The sedition trial involving Mr. Bai Mass Kah, a messenger at the Foroyaa newspaper has again failed to proceed at the Kanifing magistrates’ court presided over by Magistrate Isatou Janneh. The case did not proceed because the defence lawyer Mr. Lamin S. Camara was not in court. When the matter was called, Sgt Colley announced his representation for the state.
The prosecutor said the matter was meant for the prosecution to reply to the ‘no case to answer submission’ made by the defence few weeks ago. He further asserted that the case should proceed since their agreement was to adjourn it to today and midday was the time.
However, the trial magistrate reminded him that the defence has written a letter requesting for an adjournment of the case stating that he was leaving the jurisdiction without any specific time frame, but instead said “the matter could proceed at anytime after 12pm.”
With this information, Prosecutor Colley applied for a stand down in which the defence counsel Lamin S. Camara may find his way to court for proceeding. This was granted by the court and the matter was stood down to 1pm, but the defence counsel did not make it to court.
As the matter did not resume again, it was adjourned on the consent of both parties to Monday, 24th February, 2014 at 1pm to enable the prosecution reply to the defence’ ‘no case to answer’ submission.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 14 Feb 2014 : 18:33:50
1. Foroyaa messenger’s trial adjourned
Published Friday, February 07, 2014 Author: Dawda Faye
The case involving Mass Kah, a Foroyaa messenger, who was charged with sedition, could not proceed on 6 February 2014, before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
According to the court clerk, defence counsel Lamin S. Camara had written to the court to adjourn the case because he had travelled.
The prosecuting officer, Sergeant 3560 Colley, was expected to reply to the no-case submission made by defence counsel Lamin S. Camara.
The case was then adjourned till 13 February 2014........
SOURCE: The Point News & full report
2. Foroyaa messenger’s trial suffers setback
Published Friday, February 14, 2014 Author: Dawda Faye
The case involving Mass Kah, a Foroyaa messenger, who was charged with sedition, could not proceed on 13 February 2014 before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
The defence counsel, Lamin S. Camara, called and asked for adjournment, according to Sgt 3560 Colley, the prosecuting officer.
Sergeant 3560 Colley was expected to reply to the no-case submission made by defence counsel Lamin S. Camara.
The case was then adjourned till 24 February 2014.......
SOURCE: The Point News & full report |
| kobo |
Posted - 01 Feb 2014 : 12:22:29
1. The Point News Defence makes no-case submission in Foroyaa messenger’s trial
2.Defence Submits No Case To Answer In Bai Mass Kah’s Trial
Foroyaa Burning Issues News: Published on Thursday, 30 January 2014 | Written by Kebba Jeffang
messenger at Foroyaa Newspaper, submitted a ‘no case to answer’ in the sedition trial, asking the court to acquit and discharge the accused in the interest of justice since the prosecution could not prove their case. This submission was made yesterday, Wednesday, 29th January, 2014 before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court. When the case was called, Sgt. 3560 Colley and the Cadet Inspector Ceesay announced their representation for the state whilst Lawyer Lamin S. Camara appeared for the accused person.
In his address, defence counsel Camara told the court that the accused has been charged under section 52:(1)(b) of the Criminal Code, adding that this provision requires the prosecution to prove guilt beyond any reasonable doubt. He said the word used by the accused must have seditious intention to bring a person of the President into contempt, hatred and disaffection.
Lawyer Camara referred the court to the particulars of offence which he said read as “why not you paste the photo of the president on the sky!” He asked whether this statement can bring the President into contempt, hatred or disaffection and then answered in the negative. He indicated his disagreement that this statement “why not you paste the President photo on the sky” was said by the accused, noting that it was not highlighted in all the testimonies of the five prosecution witnesses who testified on the matter in Court.
He said no such statement was mentioned in either their evidences in chief or under cross examination. He said there is a contradiction between the prosecution witnesses and the particulars of offence presented by the police.
The defence counsel said “Lamin Camara (PW1) in his evidence in chief had not at any point told this court that the accused said “why not you paste the President’s photo on the sky”. “He never said that in his testimony,” said Camara. He added that Defence Exhibit 1 also shows that there is no evidence that pointed out that the accused said so.
Lawyer Camara said Modou Jagne, the second prosecution witness (PW2), in his testimony said that he saw the accused quarrelling with PW1 Lamin Camara, but expressed that he doesn’t know why they were quarrelling.
He said Sally Jassey, the third prosecution witness (PW3), who was allegedly with PW1 said the accused said “if you like you can paste the photo on the sky.” “She admitted under cross examination that “if you like you paste the president’s photo on the sky” is different from “why not you paste the President’s photo on the sky,” said defence lawyer Camara.
He continued “Jassey has clearly stated to the court that “if you like you can put the President’s photo on the sky.” Her evidence is confirmed by Exhibit MK2 (Cautionary Statement) which states that “if they wish let them paste it on the sky.” At this juncture, it is clear that the accused did not say why not paste the President’s photo on the sky.“ She never said that”.
On the testimony of Fansu Manneh, the fourth prosecution witness (PW4), who recorded the statements of the accused, Lawyer Camara said this statement is no way a confession at all, as Exhibit MK2 (Cautionary Statement) only states that the accused said “if they wish let them paste the President’s photo on the sky and that Halifa Sallah is the only man who wears trouser in the country.”
Camara added that MK3, the voluntary statement, also states exactly the same. He said both the content of MK2 and MK3 as to what the accused said and also the evidence of PW3 and PW4 are all completely different from what the police said in the charge sheet.
“This saying cannot amount to sedition because there is nothing directed to the President in person or directed to his office and moreover the statement is not capable of bringing the President into contempt, disrepute, disaffection, ill will or hatred in any way,” submitted Lawyer Camara.
Defence counsel Camara further submitted that Fansu Manneh (PW4) deliberately begged the question under cross examination that the accused did not speak at all and that MK2 and Mk3 will speak for themselves.
He added that the law requires the prosecution to prove their case beyond all reasonable doubt. He therefore submitted that the prosecution did not prove their case with any evidence because they did not prove seditious words and or that the word actually uttered has seditious intention.
He said this is because what the accused said is not capable of having seditious intention as required by Section 46 and Section 51 of the Criminal Code. He emphasised the importance of this, adding that it has widely laid out seditious intention. He cited section 51a as the appropriate section to determine whether these words have seditious intention or not.
He further submitted that if this has to be proved, the police need to provide the person who said that Mass Kah said so since no prosecution witnesses testfied in favour of that. Lawyer Camara said Lamin Camara (PW1), who the accused quarreled with, Modou Jagne (PW2), Sally Jassey (PW3), who was allegedly with PW1 at the scene, Fansu Manneh (PW4), who recorded accused statements, and Omar Tunkara, who said he investigated this matter, have all not said so.
“Confessing to make a statement “if you want paste the photo of the President on the sky” is not a crime. It is not seditious either as contemplated in Section 51(1)(a), 52(1)(b) and 46 of the Criminal Code.
I therefore appeal to the court to acquit and discharge the accused person as prosecution did not prove the guilt of the accused person,” submitted Lawyer Camara in conclusion.
At this juncture, Sgt. 3560 Colley was asked by the court whether he has any response to the defense’s ‘No case to answer submission.’ In response, the prosecutor told the Court that he is applying for an adjournment to enable him to reply to the submission by Camara.
The defence did not raise any objection. The matter was subsequently adjourned to Thursday, 6 February, 2014 for prosecution to reply to the ‘No case to answer’ submission by the defence.
Source: Foroyaa |
| kobo |
Posted - 29 Jan 2014 : 08:55:11
Defense Files No Case Submission in Bai Mass Kah Case As State closes its case with PW5 testimony
Foroyaa Burning Issues News: Published on Tuesday, 28 January 2014
The prosecution on Monday, 27th January, 2014 at the Kanifing Magistrates’ Court presided over by Magistrate Isatou Janneh closed their case after the fifth state witness finished his testimony in the sedition trial involving Mr. Bai Mass Kah, a Messenger at Foroyaa Newspaper,. When the matter was called, Police Prosecutor Sgt. 3560 Colley announced his appearance for the state whilst Lawyer Lamin S. Camara represented the accused person.
The fifth prosecution witness (PW5) who entered the witness box introduced himself as Omar Tunkara from Wellingara Village in the Kombo North and a civil servant. He told the court that he knows the accused and that he could recall what transpired on the 28th of November, 2013 when a matter involving the accused reached him in his office in Banjul while on duty.
He adduced that the accused person was brought to his unit for investigation after he was alleged to have uttered a negative statement against the photo of President Yahya Jammeh which one Lamin Camara was pasting on his vehicle at a tailoring shop situated at Latrikunda German.
“During investigation, the accused was confronted with those allegations such as “If you wish paste the photo of the President in the sky” which the accused confessed to have said during the investigation.
And the other allegation was that “Halifa Sallah is the only one in the Gambia who wears trouser and the rest are all women” and he has confessed to this too during confrontation,” said Tunkara.
He further told the court that after the confrontation, Fansu Manneh, one of the panelists was instructed to record his statement. He said after finding out, it was realised that the words uttered were seditious and that therefore he was charged accordingly. He said thereafter, “report was compiled which I signed on the 26th November 2013.”
At this point, prosecutor Colley asked him whether he would be able to recognise the document he signed and the witness replied in the affirmative.
When a document was shown to him, he said it is was the one he signed. The prosecutor then applied to tender the said investigation report compiled and signed by PW5 as evidence and no objection was raised by the defense. The said report was tendered and marked as Exhibit MK4.
At this juncture, the prosecution announced the closure of their case. Lawyer Lamin S. Camara, counsel for the accused, cross examined the witness. Lawyer Camara said, “You said in your evidence in chief that during investigation, the accused admitted by saying to Lamin Camara “if you want paste President’s photo in the sky”.
Is that correct?” The witness answered in the affirmative. “From this statement, what the accused was saying is that, he said ‘If you like. Is that correct?” he asked. PW5 replied in the positive, adding “he said if you like”.
Lawyer Camara added, “He is actually not telling him “put the photo on the sky”?” The witness responded in the positive. “If Lamin Camara likes, what would be pasted on the sky. Is it a photo?” asked defence counsel.
“Yes, I believe,” responded PW5. Lawyer Camara put it to the witness that he (the witness) said upon confrontation the accused said only Halifa Sallah wears trouser and the rest of us are women. “Does that not include you and me?” he asked. “Yes, I believe,” PW5 replied.
“Mr. Tunkara look at me. Am I wearing a wrapper?” asked Lawyer Camara. The witness responded in the negative. “What about yourself?” asked the defence counsel. “No, as well,” replied the witness. He asked the witness whether that statement allegedly said by the accused is not a figurative expression, and the witness said he does not know.
He was finally asked about his understanding of that statement. PW5 in response said “My understanding is that Halifa Sallah is the only man who puts on trousers and the rest of all the Gambians are all women.” At this juncture, Counsel Camara made an application for a ‘No case submission’.
This was objected to by the court which states that it has to be made formally and written and not oral. After having explained to the Court that he has time constraints, the Magistrate finally accepted the application.
The matter was adjourned to the 29th January 2014, to proceed at 1pm with the ‘No case’ submission by the defence.
Source: Foroyaa |
| kobo |
Posted - 25 Jan 2014 : 05:45:59
1. Bai Mass Kah’s Trial Deferred
Published on Wednesday, 22 January 2014 | Written by Kebba Jeffang
The case of Mr. Bai Mass Kah, a Foroyaa Messenger, who is standing trial at the Kanifing Magistrates’ Court before Magistrate Isatou Janneh, has suffered another setback as the matter could not proceed on Monday 20 January 2014. According to sources at the court, the matter was adjourned till Thursday 23 January, at 1pm, on the ground that the prosecutor was indisposed. Readers would recall that Bai Mass Kah was arraigned on Wednesday, 27 November, 2013, at the said court, after being held in detention for 13 days at the NIA and various police stations before being charged with committing a seditious act.
According to the particulars of offence, on or about 14 November, 2013, between the hours of 16hrs and 17hrs, at Latrikunda German, within the Kanifing Municipality and diverse areas, with willful 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 paste the said photo of the president on the sky,’’ and thereby committed an offence.
Source: Foroyaa Burning Issues News
2. Fourth prosecution witness testifies in Foroyaa messenger’s trial
Friday, January 24, 2014
The fourth prosecution witness, Fansu Manneh, yesterday testified in the case involving Mass Kah, a Foroyaa messenger, who was charged with sedition, before Magistrate Isatou Janneh of the Kanifing Magistrates’ Court.
In his testimony, the witness said that he lives at Lamin village and is a civil servant, adding that he recognized the accused person.
He testified that he could recall what happened on 20 November 2013, adding that on this day, he was on duty in his office in Banjul.
Mr Manneh told the court that on 20 November 2013, the accused was cautioned by him, witnessed by an independent person, one Foday Sanyang.
He said he told the accused that he need not say anything, but if he did so, it would be used as evidence against him.
He adduced that the accused was cautioned on sedition, adding that they recorded his statements for him after the cautionary wording was read to him.
Mr Manneh added that after reading the cautionary statement to the accused, Mass Kah admitted liability.
He further testified that they invited an independent witness, and read over the statement to the accused, which was translated in Wollof, adding that the accused accepted what was recorded.......
Source: The Point News & full report |
| kobo |
Posted - 12 Jan 2014 : 19:49:22
Opposing and criticism of tyrant President Yaya A.J.J Jammeh in any form can be considered treason in The Gambia, with a repressive government. Update on on-going Sedition Trial;
PW3 TESTIFIES IN BAI MASS KAH’S SEDITION TRIAL
Sunday, January 12, 2014 | Written by Kebba Jeffang
The sedition trial of Mr. Bai Mass Kah, of the Foroyaa newspaper, on Wednesday, 8th January, 2014 proceeded at the Kanifing Magistrates’ Court with the third prosecution witness (PW3) giving her testimony before Magistrate Isatou Janneh in a crowded courtroom. When the matter was called, Sergeant 335 Sohna Nying, police prosecutor, announced her appearance for the state whilst Lawyer Lamin S. Camara represented the accused person. When the prosecutor brought the attention of the court to the presence of the 3rd prosecution witness, she was asked to get into the witness box to give her testimony.
Prosecutor Nying then asked the witness to introduce herself before the court. She identified herself as Sally Jassey from Bakoteh and told the court that she is a hairdresser by profession. When asked if she recognised the accused person, PW 3 responded in the positive.
The prosecutor asked her if she recalled something that had happened on the 14th November 2013 and she responded in the positive, adding that that was the day they went to a tailoring workshop at Latrikunda.
The prosecutor asked her “if you said ‘we’, you and who?” She replied “I and Lamin Camara (PW1).” She said when they arrived at the tailoring workshop where they had taken their material for sewing, they alighted to see the tailor but they did not meet him there though his apprentice was there.
“I asked the apprentice for his boss and he said to me that his boss had gone out. Thereafter I entered the compound where the tailoring workshop is located to see Awa, the person who introduced me to the tailor.
I went back with her to tell the tailor to handover my materials to me. As the tailor gave us the material, when we were going we met Bai Mass at the door of the said workshop,” said PW 3.
At this stage, the prosecutor asked the witness to tell the court where Lamin Camara was at the time.
She responded that Lamin Camara was outside pasting a photo on his car. “What photo was he pasting on his car?” asked the prosecutor. The witness replied that it was the photo of President Jammeh.
PW 3 Jassey continued, When Lamin Camara came from doing that, Mass then stood up and said "if you want you paste the photo on the sky, I dont care."
After that he (Mass Kah) added “in the Gambia it is only Halifa Sallah who wears trousers” and continued to say that "it is only Halifa Sallah who can write in the Gambia and even the President cannot.”
The witness said these statements made by the accused person were what brought about the quarrel between him and them until the matter finally reached the police station.
“If you are shown the photo that Lamin was pasting on his car, would you be able to recognise it?” asked prosecutor Nying. The witness responded in the affirmative.
The prosecutor then showed her the photo (Exhibit MK1) and asked her whose photo it is. She told the court that it is the photo of President Jammeh.
The witness ended her evidence-in-chief at this point and cross-examination by Defence Counsel Lamin Camara followed. During the cross examination of PW3 by Lamin S. Camara, it was put to her that in her evidence-in-chief, she told the court that she gave a statement at Latrikunda police station. “Is that correct?” asked Lawyer Camara. The witness responded in the positive. “How many statements did you give at the said station?” asked Lawyer Camara. “It was only one statement that I gave,” responded PW3.
At this juncture, the defence counsel requested to examine the said statement and the prosecutor gave him the statement which he scrutinised.
He then asked PW3 when she gave this statement at the station and in response she said it was on the 14th November 2013. Defence Lawyer Camara asked the witness whether it would not be a surprise to her that Lamin Camara (PW1) has never, ever, said in his testimony that the accused “should put the president’s photo on the sky.”
PW3 responded in the positive, adding that that it will be a surprise to her. Counsel Camara finally put it to the witness that she knows as alleged that Mass Kah said, “if you like paste the photo of the President on the sky” and then asked the witness “is that the same as “paste the photo in the sky?”
The witness responded that Mass Kah said “if you like paste the photo on the sky.” The Magistrate was not sure of the answer. Repeating his question to the witness again, Lawyer Camara said, “If you like paste the photo on the sky and paste the photo on the sky are two different statements, is that correct?”
The witness responded: “I said he (Bai Mass) told us that if you like paste it on the sky.” Cross-examination of PW3 ended at this point and the prosecutor asked for an adjournment which was granted. The matter was adjourned till Monday, 20 January, 2014 for continuation.
Source: Foroyaa Burning Issues News |
| kobo |
Posted - 10 Jan 2014 : 04:12:05
1. BAI MASS KAH’S SEDTITION TRIAL SUFFERS SETBACK
Friday, January 10, 2014 | Written by Ousman Njie
The sedition charge involving Bai Mass Kah of the ForoyaaNewspaper did not proceed at the Kanifing Magistrates’ court on the 7th January, 2014. When the matter was called before presiding magistrate Isatou Janneh, the police prosecutor Sergeant Sona 335 Nying, announced her appearance for the state whilst lawyer Lamin S. Camara appeared for the accused person. At this juncture, Prosecutor Nying applied to the court for an adjournment on the grounds that the State witness was not in court.
Lawyer for the accused L S. Camara did not object to the application, but he however suggested that the matter should be adjourned to today 8th January so that both prosecution witnesses can come and testify.
The matter was therefore adjourned to Wednesday 08th January, 2014 at 10am for prosecution witnesses to testify.
Source: Foroyaa Burning Issues News
2. Typical similar examples of statements commonly known as "Garuwaleh" in Wollof (ethnic) parlance dissing, cultured generations before both Bai Mass Kah and President Jammeh were born;
- Domestic violence or husband & wife quarrel or conflict (i.e. Get Personal, A Private Discussion, Rude, Uncivil and a Civil law matter in worst case scenario):
"Fi maa feh sol toubeye" (I am the one wearing trousers here)
"Dinaa la wan maa feh sol toubeye" (I will show you that am the one wearing trousers here)
- Man-to-man conflict, threat & expression of courage (i.e. Get Personal, A Private Discussion, Rude, Uncivil and a Civil law matter in worst case scenario):
"Borma mouye to wut di naa wan neh ordou wouma malaan dama sol toubeye" (If you are not careful with me I will show that am not with a wrapper but wearing a trouser)
- Man-to-man conflict, threat & expression of courage (i.e. Get Personal, A Private Discussion, Rude, Uncivil and a Civil law matter in worst case scenario):
"Rewmi yep [rewi Gambia] deng ordu malaan deew sangam mom rek [implying Halifa Sallah] mor feh sol toubeye [ak man rek [implying Bai Mass Kah] maa feh sol toubeye]" translated as allege in the case for statement that ( "All Gambians are wearing a woman’s wrapper, and that it is only Halifa Sallah [or me Bai Mass Kah, which he could have said] who wears a pair of trousers")
- Meaning of words:
"Malaan" = Wrapper round (for women) or a piece of cloth
"Toubeye" = Trouser (for men)
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| kobo |
Posted - 08 Jan 2014 : 03:52:22
1. Related Bantaba Gambian politics topic Foroyaa messenger pleads guilty to sedition charge
2.
quote:
Originally posted by Nyarikangbanna
Only Halifa Sallah wears a trouser?? Oh dear! I wonder where this statement leaves Bai Mass's own father. This nutcase cannot insult peoples' parents like this. He should limit himself to his own parents.
Thanks
NO ONE'S PARENTS IS INSULTED!
That vile poisonous comment of yours on the alleged idiom is psychological! Self-Perception Theory: denotes " The person interprets their own overt behaviors rationally in the same way they attempt to explain others’ behaviors."
In my opinion it is a mere criticism and a personal opinion/view/expression on cowardice generally for "all Gambians" afraid of an individual; tyrant and tyranny. A wollof phrase between man-to-man quarreling and one of them brand the other of being among the cowards indirectly to settle scores with the opponent(s) 
quote:
"Beauty is in the eye of the beholder."
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