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Momodou
Denmark
11833 Posts |
 Posted - 20 Jun 2007 : 21:03:19
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NEW CHARGES AGAINST FATOU JAW MANNEH
By Fabakary B. Ceesay
Prosecutors at the state law office have preferred two new charges against journalist Fatou Jaw Manneh on Tuesday. The charges are, publication of false news with intent to cause fear and alarm in the public and uttering seditious words. She pleaded not guilty to the charges against her.
The state counsel Emmanuel O. Fagbenle, said he based his application on section 169 of the Criminal Procedure Code CPC. He said the amendments are meant to meet the circumstances of the case and that he has highlighted the amendment to enable the accused to prepare for her defence. “I want to withdraw the charges that were filed on the 11 April and 11 May 2007 and to adopt the charge file on the 19 June to substitute the others. The defence counsel, Lamin S. Jobarteh objected to the amendment of the charges. He said it should not be done in matters known to the prosecution only, but to the defence, as well. He indicated that the prosecution cannot depend on section 169 of the CPC, saying, “It is not a section that is licensed for the prosecution to use at their disposal at any time.” Mr. Jobarteh argued that charges can be amended, but cannot be substituted. He added that the charges can only be amended or added, but cannot be substituted as required by the prosecution. Counsel Jobarteh added that the accused has been appearing before the court under the same charges for months now. “It is against justice for such a substitution to be preferred against his client” he argued. Jobarteh indicated that the accused should be informed of the charges against her. “No cautionary and voluntary statement was obtained from her about the new charges. I ask the court to order the prosecution to provide us with the evidences and the list of witnesses that they have in respect to the new charges, the place and the person to whom the utterance has been made to and the address to be provided. “You are not amending, but adding to the charges,” said Jobarteh.
The state counsel said amendment can be done at anytime of the trial which is the same procedure in England, Australia, Ghana, Nigeria and The Gambia. He said section 24 of the constitution provides the accused time to prepare which is echoed with 169 of CPC. The trial Magistrate Buba Jawo granted the application by the prosecution to amend and substitute the charges before the court. He therefore ruled that the accused person should take her plea. The defence counsel, Lamin Jobarteh, urged the court to grant him adjournment before his client can take her plea on the new charges. He said he intends to file an application to the high court. Jobarteh’s application was overruled by the court.
Fatou Jaw Manneh later pleaded not guilty and was granted bail in the sum of D100,000 and that she must provide one Gambian surety. The state is expected to call its second witness in the next sitting.
Source: Foroyaa Newspaper Burning Issue
Issue No.71/2007, June 20 – 21 June 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 20 Jun 2007 : 21:33:53
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Under this junta regime, the law is what the brutal dictator determines and not what reason and justice prefer. So long as Jammeh insists on seeing Fatou Jaw Manneh troubled, we expect worse things. Before the end of Jammeh in Gambia, the legal ground will only be one dirty arena where Jammeh continues to cultivate his filthy scheme of ruthlessness. |
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