The case of conspiracy, sedition and criminal
defamation against the editors of Foroyaa and The Point newspapers, the
executive members of the Gambia Press Union and other journalists drew
to a close in a crowded court room Monday afternoon at the High Court
in the Gambian capital Banjul.
This
followed a five hour court session during which the defence made their
final addresses before High Court judge Emmanuel Fagbenle who then
adjourned the court to prepare his judgement for Wednesday.
This celebrated case arose from the publication of a
statement issued by the President of the Gambia Press Union, Ndey Tapha
Sosseh in reaction to remarks made by President Yahya Jammeh about the
unsolved murder of veteran journalist Deyda Hydara of The Point
newspaper.
Publication of Sosseh’s rejoinder resulted in the
arrest of Pap Saine, Editor of The Point and his deputy Ebrima Sawaneh;
Sam Sarr, editor of Foroyaa and his deputy Emil Touray (who is also
Secretary General of the Gambia Press Union); Sarata Jabbi Dibba, Vice
President of the Press Union and the treasuer Pa Modou Faal. A seventh
accused person, Abubacar Saidykhan, who was arrested for taking
photographs of the police while arresting Sam Sarr, was earlier
dischared and acquitted by the judge.
This case has been widely condemned in press and human
rights circles around the world with the Rapporteur General of the
African Commission on Human and Peoples Rights among others making
representation to the Gambian President to drop the charges against the
journalists.
The government, determined in President Yahya Jammeh’s
own words to prosecute the case to the letter, has instead acted with
speed moving the case from the magistrates court to the special
criminal division of the High Court, that handles cases with despatch
and that has since sat almost daily to bring the trial to a close.
At Monday’s session, the defence made their final
submissions before Justice Fagbenle. The defence team, led by lawyer
Lamin Camara, while Sam Sarr represented himself, argued against the
charges of conspiracy, sedition and criminal defamation levied against
the journalists. This followed last Friday’s court session at which the
Director of Public Prosecutions, Richard Chenge, made his final address
in the government’s case against the accused.
The case is by far the most extended one against such a
record number of journalists at any one time in history of the country.
If found guilty, the journalists face a heavy fine on each charge or
imprisonment of not less than six months imprisonment, or both fine and
imprisonment.
The punishment for sedition can also include the
confiscation by the court of the printing machine on which the
seditious material was printed for up to a year.
Such a fate for the beleagured and still struggling
Gambian press can spell total disaster leaving journalists except those
working for state media, and their profession, in a precarious
situation.