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Gambia: Journalist Lamin Fatty Sentenced

Lamin Fatty, former reporter of The Independent newspaper, was yesterday, 5th June 2007 sentenced to a fine of D50, 000, in default to serve one year in prison. The sentence, handed down by Magistrate Buba Jawo of the Kanifing Magistrates’ Court, was a conviction for the offence of publishing false information.

In his judgement, Magistrate Jawo told the court that any man who writes false report and sends it to the editor of a newspaper is liable for such publication. He said the fact that the accused sent the report to the editor is sufficient evidence that he authorized or intended it to be published.

He said as a journalist, the accused was under an obligation to make a fair and accurate report on matters of public interest, adding that in order to do so, it was incumbent on the accused to verify his facts. He noted that the original manuscript of the accused was not before the court.

He at length said that the prosecution had proven its case beyond reasonable doubt.

In his mitigation Lawyer Camara, the defence counsel, prayed the court to impose a minimum fine on the accused. He also urged the court to take cognisance of the fact that the accused is a first offender and has never committed a crime. He said the accused is also a young, unmarried man and is the breadwinner of his family.

He also made reference to the 63 days the accused spent in detention. On account of these, he pleaded with the court to temper justice with mercy.

Magistrate Buba Jawo finally sentenced the accused to a fine of D50, 000 or one year in prison with a right to appeal.

Prosecutor 1748 Mballow stood in for the IGP.

The D50,000.00 fine was however  paid by the Gambia Media Fraternity thus saved from a one-year imprisonment.