One Ali Mbye, a Senegalese butcher who plies his trade at the Serrekunda market was recently caught selling a kilo of beef steak at D110.00 (one hundred and ten dalasis) by the the Community Assistant Group.

The matter was reported to the Serekunda police station. The butcher, in an interview with the Daily Observer, expressed his regret over the incident.

However, the Kanifing Magistrates Court, presided over by Senior Magistrate Abdoulie Mbake, last week Tuesday sentenced him to pay a fine of D5,000, in default to serve a 4-month jail term.

In a similar incident, one Gallo Njie, a fowl dealer at the Serekunda market was also caught selling local eggs at D10.00 per egg.

Senior Magistrate Mbackeh of the Kanifing Magistrates’ Court handed down the sentence following the accused person’s plea of guilty.

Prosecutor Corporal 358 Sarr supplied the court with the facts of the matter before the accused was convicted.

In his judgement, Magistrate Mbackeh told the court that no one in the country could claim to be unaware of the stipulated price of steak of meat.

He stated that it was unfair for a few people to go on exploiting the masses. He further indicated that such actions are not in the public interest and must not be allowed.

It could be recalled that Magistrate Mbackeh had earlier convicted one Abdoulie Njorr, also a Senegalese butcher, on 30thSeptember 2008 for the same offence.

Prosecutor Corporal 358 Sarr was also the prosecutor in that case.

The trial of Musa Kinda Bah, who was alleged to have falsely informing the president’s office, continued on Friday at the Banjul Magistrates’ Court before Magistrate Kayode.

The latest prosecution witness to testify on the case was Sub-Inspector Sulayman Gaye a police officer attached to the Interpool Department of The Gambia Police Force. Sub-Inspector Gaye told the court that on 4th May 2008, a correspondence was received from the office of the president with a petition by the accused that he was wrongfully terminated while working under Gamtel. He said in the petition the accused claimed to be possessed of a MA degree major in finance and upon his completion of it had returned from the UK and was denied to work at Gamtel. He added that after the petition was received it was sent to the office of the Inspector General of Police for investigation, adding that a panel was formed to investigate the petition. He adduced that the accused was invited and questioned on the allegation and he admitted that he did not possess the qualification he had stated in the petition. He stated that the accused only produced a diploma certificate in business administration.

Further adducing, the witness told the court that during the investigation the panel did not recover any certificate which showed that the accused possessed the qualification he stated in the petition. He said the Gamtel resource manger was invited and led the panel to the personal file of the accused of which the panel went through but only found that he possessed a diplomat. He said the accused excepted before the investigating panel of been the author of the petition written to the office of the president. He said a statement was later obtained from the accused.

The accused Musa Kinda Bah is standing trial on charges of giving false information to a public servant and uttering false documents.

On count one, the alleged offence disclosed that the accused on 4th May 2006, in the city of Banjul and diverse places gave false information to the office of the president that Senior Mangers, Directors and Heads of Department of Gamtel engaged in malpractices, wrong doings and nepotism, knowing it to be false.

While on count two, the offence revealed that on 4th May 2006 at Gambia Telecommunication Company Ltd (Gamtel) in the city of Banjul the accused Musa Kinda Bah uttered false Certificate to the Manging Director of Gamtel, claiming to possess a Masters Degree in Business Administration (finance Major) from the University of Leicester in the United Kingdom, which he knew to be false. He denied the charges.

The case was at length adjourned to the 21st of November 2008.

Night after night on our television screens we see those accused of various crimes paraded before the television cameras on GRTS. These people are merely accused of having broken the law and yet they are shown in handcuffs being led by police to the station or in the station itself. It is the fundamental right of any person accused of a crime to be considered innocent until proven guilty. These people should be allowed to cover their faces if they so wish and be judged only by the courts of the land rather than by the television cameras. Whether we like to say it or not what is happening at the moment is trial by media. If these people are later found to be innocent their faces may still remain burned in the memories of some in relation to whatever crime they were accused of and this is unfair. It is a breach of their rights and a threat to their good name.

In this country we have a judiciary and a justice system and we must allow these people and institutions to carry out their functions. Every person is entitled to a fair trial and considered innocent until proven guilty. It is this right which is jeopardised when people are paraded before the cameras before their trial is completed and while they are still only suspects in a given case. In other countries it is even illegal for media outlets to show people in handcuffs before their trial is completed. If they are found guilty they can be shown in handcuffs but not before.

We must do all we can to stop this practice. It essentially amounts to trial by media and this is not one of the roles which the media should play in a society.

“Ill news hath wings, and with the wind doth go, Comforts a cripple and comes ever slow.”

Michael Drayton

Acting Principal Magistrate Kumba Sillah Camara of the Bundung Magistrates Court has ordered the police prosecutors and remand prison orderlies not to handcuff any accused person inside the courtroom.

She gave the order the order last week during a sitting in which she noticed that some remand prisoners were wearing handcuffs inside the courtroom.

The issue came to her attention when the handcuffed prisoners started manifesting some signs of discomfort which distracted the attention of the court.

She then advised escorts to be on the alert and make sure that they keep close watch over their prisoners whenever they are inside the courtroom.

She also admonished them saying that they “should have a proper diary that will guide you” when bringing prisoners to the court.

This was due to the mix-ups in bringing prisoners to court.

The criminal case involving two NIA officers, Demba Sowe and Babucarr Jallow, has been transferred from the Banjul Magistrates Court to Kanifing Magistrates Court.

This development came during the last sitting when the prosecution announced that there were fresh charges to be levied against the two officers.

The two security operatives are charged with abuse of office, stealing and conspiracy to commit felony.

The duo had been granted bail earlier on but could not fulfil the bail conditions which stipulated that their surety should be either a police commissioner or  the director general of the NIA.

The defense counsel then applied for the review of the bail condition which was subsequently granted.

On Tuesday November 11, 2008, fifteen people were arraigned before Acting Principal Magistrate Kumba Sillah Camara of the Bundung Magistrates Court for assault and wilful damage to property.

The fifteen – including both men and women – are accused of attacking and beating up one Hillara Best Jammeh in Bundung and destroying her television set and video player.
Ten of the accused have already pleaded not guilty.

The rest are still to take their plea. They were given bail in the sum of D20,000 each. The case was then adjourned to November 25, 2008.
Inspector Jahateh represent the IGP.

The appeal case of Lamin Fatty, reporter of the closed Independent Newspaper, was yesterday November 11, 2008 delayed because the Clerk of the Appeal Court forgot to include the case on the list of court cases to be heard that day.

The case was consequently adjourned to November 18, 2008.

Media Foundation for West Africa (MFWA) source reported that on November 14, 2008 both the state prosecutor and Fatty’s counsel told the Banjul- Appeal Court that they had not received the records of proceedings but the presiding Judge Mr Joseph Wowo tasked both parties to do "every thing possible to get the proceedings."

Lamin L.S Camara, counsel for Fatty, argued that he did everything possible to obtain the proceedings but to no avail. He added that their role as appellants was to file their case, and that the court should endeavour to provide the proceedings.  

Fatty was convicted by the dismissed Magistrate Buba Jawo of the Kanifing Magistrate Court on June 6, 2008 on a charge of publishing false information. He was fined D50, 000 (about US$2500) or in default, serve one year imprisonment. He was briefly sent to Mile Two Central Prison and released after the fine was paid by the Gambia Press Union. He subsequently decided to challenge the verdict of the subordinate court in the Banjul High Court.

Media Foundation for West Africa   

The five accused men in the Right Choice theft case, were this week, convicted and sentenced to a fine of D5,000,in default to serve a four-month jail term by the Kanifing Magistrates Court presided over by Senior Magistrate Abdoulie Mbake.

They had pleaded guilty to charges of stealing and receiving stolen property. Three of the five are staffers of the said supermarket.