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Momodou
Denmark
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 Posted - 11 Aug 2007 : 14:50:25
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Fatou Jaw Manneh's Trial in Limbo
As Second Magistrate Rejects Case
By Fabakary B. Ceesay
The trial of journalist Fatou Jaw Manneh has yet again suffered a serious setback as another trial magistrate declines to preside over the case. This is the second time at a different magistrate court, which a magistrate has declined to preside over the case.'
Magistrate Imelda Mboto, of the Banjul Magistrate Court on Monday 6 August ruled that her court has no jurisdiction to try journalist Fatou Jaw Manneh, who has been standing trial on sedition charges since April. When the case was called, the two counsels, Lamin S. Jobarteh, for the defence and A.S Umar for the state announced their representation for their respective sides. Magistrate Mboto, first told the court that the reason for her absence on the last sitting 2 August was due to the fact that she was suffering from "Pneumonia." The Magistrate was seen writing without uttering any more words up to about five minutes. She later read out her ruling on the matter. Magistrate Mboto ruled that she had done a careful study of the case file, that the reason given for the case to be transferred before Banjul Magistrates' Court is that the instrument used in the case was a computer used to download the information from the Internet in Banjul. She said, "the instrument in this case is not just a computer; that the information was from an Internet which had a global use and not only in Banjul". Continuing, she indicated that the accused person was arrested at the airport, which is not under her jurisdiction but instead in the jurisdiction of Brikama. She cited a case to back her claims. She said that she would transfer the case to Brikama Magistrates' Court, because as she said, the accused person was arrested under the jurisdiction of Brikama.
Both counsels did not utter a word. The State Counsel A.S. Umar, picked up his file and left with his colleague while the defence counsel, Lamin Jobarteh, was left inside the court with the stunned court attendants reflecting on the move made by the Magistrate. There was much noise in the courtroom.
It could be recalled that Fatou Jaw Manneh, a Gambian Journalist based in the United States of America (USA), was arrested on her arrival at the Banjul International Airport on the 28 March and detained at the National Intelligence Agency (NIA) for five days. She first appeared before Magistrate Pa Harry Jammeh of the Kanifing Magistrate court on the 3 April, she did not take her plea in the absence of a counsel.
The following day she re-appeared before Magistrate Buba Jawo of the said Magistrates' Court. Her counsel challenged the entire jurisdiction of The Gambian court to hear the case as the alleged offences were said to have been done while the accused was in USA. Magistrate Jawo upheld that his court had the jurisdiction to hear the case. As the trial was before Magistrate Jawo, on Thursday 3 July, he ruled that his court has no jurisdiction to hear the case all the investigations pertaining to the case were done in Banjul. He, therefore, transferred the case to the Banjul Magistrates' Court. The case was re-assigned to Magistrate Imelda Mboto on the 17 July but the accused and the defence counsel were not present in court and the matter was adjourned to 2 August, which could not also proceed due to the absence of the Magistrate.
On the third hearing date, 6 August, Magistrate Mboto also distanced herself from the case by transferring it to Brikama for her courts' lack of jurisdiction to hear the case.
Journalist Fatou Jaw Manneh was standing trial for allegedly uttering seditious words with seditious intentions to cause fear and alarm in The Gambia.
Source:Foroyaa Newspaper Burning Issue
Issue No. 92/2007, 8 - 9 August 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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