The Banjul Magistrates Court on Monday acquitted and discharged Pap
Saine, director and editor in chief of The Point newspaper in Banjul
who was recently charged with two counts of obtaining a Gambian birth
certificate by false pretence and obtaining a Gambian passport by
making a false declaration.
Pap Saine was arrested and charged on 2 February 2009 and he was subsequently granted bail and has since been appearing in court.
Delivering judgement on Monday, the presiding magistrate Lamin George said there was no need to call the accused to enter his defence when the prosecution witnesses have already authenticated all the documents he was alleged to have obtained by false means and that the documents shown to the court were correct.
Therefore, Magistrate George said the proceedings at that stage tantamount to a violation of section 24 of the Gambian constitution which provides that anyone charged with a criminal offence shall be presumed innocent until proven or pleads guilty to the offence. He said the prosecution has failed to prove a prima facie case against the accused that he made false declarations to obtain any of the documents.
Therefore, the magistrate acquitted and discharged Pap Saine from all the charges.