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Originally posted by Nyarikangbanna

can somebody kind produce the GPU press statement that is the subject of this trial? I am currently monitoring this case with keen interest and would appreciate it if all the facts are in my knowing.

Thanks

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Originally posted by Kitabul Arerr

quote:

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Originally posted by Nyarikangbanna

can somebody kind produce the GPU press statement that is the subject of this trial? I am currently monitoring this case with keen interest and would appreciate it if all the facts are in my knowing.

Thanks

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Is it this? There might be a "date" typo/discrepancy, on the article from The Gambia Echo.

Gambia Press Union Reacts to President Jammeh�s Rude Remarks
http://www.thegambiaecho.com/Homepage/tabid/36/articleType/ArticleView/articleId/1523/Default.aspx

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Quoting the case of the state Vs Jatayel Mballow, Camara cited that the court stated that reading the cautionary words when taking the cautionary statement is mandatory and failure to record this by the recording officer renders the D Counsel For The Defense,Lamin S. Camara Addresses Court in The 6 Journalists Trial.


mere statements and or speculations and ridicule, such as the events leading to the death of Deyda Hydara, cannot and will not be accepted as exoneration of the Gambia Government, neither by the Union, international journalist associations, the Hydara family or other interested parties. The death of any Gambian, more so one who was most vocal on issues of human rights, freedom of expression and the development of the country in general, even if it meant clashing with the powers that be, can only be deemed suspicious until such a time that the state can logically, reasonably, factually and forensically, and within the shortest possible period prove otherwise and said the prosecution took this to mean the same as the others and this is what forms the basis of his opinion.


At this juncture, I urged this court to thoroughly evaluate and examine exhibit C to H. you will realize that the accused persons were speaking in English and the exhibits are written in English in the presence of the so called independent witness.PW3 when asked whether he is supposed to read out the cautionary wording to the accused persons when cautioning them, he answered yes. This same witness when asked to state where his opinion is contained in exhibits A and B. He said the paragraph that stated, “The union does not need to remind president Jammeh etc, and this is the paragraph PW3 reads up to the last words on the paragraph. He said his opinion about this paragraph was that the allegation is that the president and the Government are behind the death of Deyda Hydara. He also pointed to exhibit (A) on the 4th paragraph, the11th line beginning with mere statements and speculation and ridicule up to the end of the paragraph to mean the same as contained in exhibit B. These are the ones he added, are the basis of his opinion.


Counsel Camara told the Court that the accused persons told the court that they were not told of the reasons of their arrest on the day they were arrested or giving access to legal practitioner of their own choice before exhibits C and H were recorded. Section 19 of the 1997 constitution of the Gambia chapter 4 stated that the protection of fundamental rights and freedoms, which are entrenched in the provision of the constitution. It is stated that any person arrested or detained shall be informed of the reasons of his or her arrest in the language that the person understands within 3 hours. This law is mandatory as it is evident with the word “shall”.. It is clear from the evidence of the accused persons that the agents have breached that and that evidence was not controverted by the prosecution. It is my submission that that exhibits C to H was taken in gross violations of the constitutional rights of the accused persons.


Going further counsel Camara stated, It is very clear that the word innuendoes means it is not categorically stated and to buttress this point, the DPP said it is an insinuation that the president and government have a hand in the killing of Deyda Hydara. I humbly submitted that the evidence of the word in the charge meaning innuendoes and the use of the word insinuation by the prosecution shows that the meaning as couched in the paragraph is neither there nor here. He cited the authority of Mensah and others versus the State, Republic of Ghana law report and said the meaning of the authority cited by DPP is incomplete.


It is also a requirement, he said, that intent must be proved by the prosecution as stated in Mensah. The submission by DPP that the allegation of crime is presumable without prove. Camara said this is a civil action and not a criminal prosecution. He argued that in criminal trial you do not assumed, you prove. He said what we are talking about here is not Jammeh's reputation. The DPP cited Lamin Waa Juwara and harped on the fact that Lamin Waa Juwara said there is no need for intrinsic evidence to prove sedition.He said the Court is enjoined to look at the difference or dichotomy of Lamin Waa Juwara and this case, and the words used in Lamin Waa Juwara are: Gambians cannot be taken for a ride anymore and called on people to resort to action, bad governance, rampart corruption are the order of the day”. But argued that the saying used in Lamin Waa Juwara is completely different from that contained in exhibits A and B. He also said even in Lamin Waa Juwara's case, the court said this:..

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