The Bundung Magistrates’ Court presided over by senior Magistrate Kumba Sillah-Camara on Monday convicted and sentenced one Ousman Jallow to a fine of D50, 000 in default to serve one year imprisonment.

He was also ordered to compensate the complaint the sum of D80, 000 in default to serve one year, six months imprisonment.

The particulars of the offence revealed that between May and June 2007 at Tabokoto the accused falsely obtained the sum of D80, 000 from the complainer, Yuna Lowe, with the promised of allocating him a piece of land situated at Sukuta, knowing it to be false. He pleaded guilt to the charge and was sentence accordingly.

Senior Magistrate Abdoulie Mbackeh of the Kanifing Magistrates Court, on Monday, sentenced one Bamba Haroun, an Ivorian national based in The Gambia, to 12 months imprisonment with hard labour. The accused will also be deported to his native country after serving his jail term.

Mr Haroun was found guilty of attempting to commit felony contrary to Section 365, Criminal Procedure Code, Laws of The Gambia.

In his judgement, Magistrate Mbackeh told the court that the police prosecutor had proven his case beyond reasonable doubt.

According to him, the accused was caught with items that are used in producing fake notes.

He further told the court that the fact that the accused escaped while under police custody [he was arrested two months later] shows that the accused has a guilty conscience.

He said the accused never mentioned in his evidence-in-chief that he was first arrested and escaped while being escorted by a police officer to the police station.

He further told the court that it had been proven that the accused at first denied that the items were found in his house but later relented.
According to Magistrate Mbackeh, what the accused said in court was different from what he said in his cautionary statement written at the police station.
In his plea for mitigation, Mr Haroun begged the court to temper justice with mercy as he is a young and responsible man.

In reacting to his mitigation plea, the presiding magistrate told the accused that The Gambia is a peaceful country and that the privilege given to her citizens is the same given to foreigners.  He further told the court that the accused was not a first time offender but was once convicted in the country.

At that juncture, the presiding magistrate sentenced Mr Haroun accordingly.
Sergeant 870 Touray represented the IGP in the trial.

Lawyers of Fatou Jaw Manneh, a US-based Gambian journalist convicted of “publishing with seditious intentions” will appeal against the outrageous sentence handed by a court in Banjul presided over by Buba Jawo.

The Kanifing Magistrate Court on August 18, 2008 found Manneh, former reporter of the (now) pro-government Daily Observer newspaper, guilty on all four counts of “acting with seditious intention", "publication of seditious words" and "publication of false news with intent to cause fear and alarm to the Gambian public".  She was fined an amount of   250, 0000 Gambia Dalasis (approximately US$11, 905) or in default serve four years in prison.

Media Foundation for West Africa (MFWA) sources reported that the Gambian Press Union (GPU) and other Gambians immediately after the sentence paid the fine to avoid Manneh being sent to prison again.

Fatou was arrested and arbitrarily detained for one week upon her arrival in the Gambia in 2007, following an interview she granted in June 2004 to The Independent, a banned Banjul-based newspaper. The interview which was highly critical of President Jammeh was subsequently published on several   online Gambian newspapers, including ( http://www.all-gambian.net ). The case dragged on for months, with several adjournments. Throughout the proceedings, Manneh remained stranded in the Gambia, unable to return to her workplace in the US since her travel documents were confiscated by the National Intelligence Agency (NIA).

The MFWA is concerned about the increasing use of high-handed laws to criminalise speech and expression in the Gambia. Over a year ago, Lamin Fatty, a reporter for The Independent was convicted by the same court for “publishing false information”.

We are calling on the government of Yahya Jammeh to respect the universally subscribed rights of all persons to the fundamental freedoms of speech and expression, and to repeal all speech related repressive laws in the country. The MFWA requests you to protest the deteriorating state of media freedom in the Gambia.

Media Foundation for West Africa

Senior Magistrate Kayode Olajubutu of the Banjul Magistrates court, yesterday, convicted and sentenced Manlafi Sanyang, former head of the government’s vehicle control unit at the State House, to serve one year and one month imprisonment without any option of a fine. The sentences are to run consecutively.

Kayode Olajubutu’s decision came after he found the accused guilty on both counts of stealing and abuse of office.

The embattled Manlafi Sanyang was facing charges of stealing D75,000, being the proceeds realised from the sale of a government vehicle BJL 4591B and abuse of office, all contrary to the Criminal Code, Cap 10 vol. III, Laws of The Gambia.

Senior Magistrate Olajubutu, delivering his almost half an hour judgement in a crowded courtroom, made references to the three-month long litigation and other decided cases both in The Gambia and Nigeria.

According to the magistrate, he had listened carefully and read the entire evidences adduced in court by both the prosecution and defence witnesses.

The magistrate recalled that the prosecution called in four witnesses: one ASP Phillip Jarju, attached to the state House; ASP Fabureh, officer commanding the police licensing department; Bakary Bojang, a police detective at the serious crime unit of The Gambia Police Force (GPF); and Alagie Conteh, a businessman who bought the said vehicle from the accused.

On the other hand, the magistrate continued, the defence called in three witnesses: the accused, Manlafi Sanyang; Lamin Manneh, APRC secretary general (SG) for Lower Fulladu constituency; and Manlang Dampha, driver of the vehicle in question BJL 4591B.

“The court found out that the prosecutor has proven their case against the accused beyond reasonable doubt and the court, therefore, accordingly convicted the accused,” Kayode told the waiting listeners of the verdict who stormed the court well before the start of the case.

Lamin Camara, counsel for the accused, in his plea of mitigation urged the court to temper justice with mercy, noting that the convict is a family man with many wives and children, had served the Gambia Police Force (GPF), is a first time offender and had proven to be a very loyal and law abiding citizen of The Gambia.  “The convict is the breadwinner of his extended family both in the urban and provinces. [Giving] him custodial sentences would have serious consequences on the young children who are of school going age.  Therefore, I urge this honorable court to impose a fine instead of custodial sentences,” Lamin Camara said.

The senior magistrate told the court that the offence committed by the accused was an act of betrayal of trust and that every crime has its punishment. The magistrate consequently sentenced the accused to 8 months on count one for stealing the D75,000 being the proceeds realised from the sale of government vehicle BJL 4591B and one year on count two, abuse of office without any option of fine.

Kayode Olajubutu also ordered for the said vehicle to be returned to the Gamwaters Company Ltd, where the vehicle was parked. The accused had already spent 7 months in detention and consequently only has one year, one month to serve.

The organisers of the Zimba event, which resulted to the death of eight-year-old Ebrima Morro Ndure, namely Mariam Sambou, Hariatou Gomez, Binta Jarju, Isatou Sambou, Pa Antou Njie, Dembo Jeng, Bayour Saine and Choi Faye were yesterday convicted and sentenced by the Bundung Magistrates’ Court.

The accused persons were charged with two counts of common nuisance and performing a cultural Zimba show without a permit from the police.

They were each sentenced to a fine of D1000, in default to serve three months in jail on count one and on count two, they were fined D300 each, in default to serve one month in jail, following their own plea of guilt. All sentences are to run consecutively.

According to the particulars of offence on count one, on July 26th 2008, at Bundung Mauritanie, the accused persons committed common nuisance and made obstruction on the highway by performing a cultural show locally called Zimba.

Senior Magistrate EF M’Bai of the Brikama Magistrates Court, Thursday, convicted and sentenced one Lamin Kanyi, a resident of Busumbala Village, Kombo Central, to a fine of D1 million.

The magistrate also ruled that failure to pay the fine shall cost the convict a five-year jail term. Mr Kanyi was found guilty of drug trafficking, contrary to Section 43(4) of the Drug Control Act.

Mr Kanyi, who pleaded guilty, was said to have been arrested by narcotic officers at the Bullock Police check point on April 19, 2006, after he was found in possession of two kilograms and two-hundred grams of cannabis sativa, which is an illicit drug in The Gambia.

In his mitigation plea, Mr Kanyi begged the court to temper justice with mercy, saying that he is a family man with many responsibilities. He added that he has seven children who depend on him alone for their education, feeding and clothing, besides God.

In handing down his verdict, Magistrate M’Bai informed the convict that he is aware of the fact that he had not stymied speedy justice and that he had admitted guilt.

“I believe that the prosecutor has established his case beyond all reasonable doubts,” he said, and then added: “I am convinced that the said two bundles of cannabis were found in your possession.”

In addition to the penalty handed out to the convict, Magistrate M’Bai ruled that Mr Kanyi will serve another 10 years in jail if he failed to pay the fine. He also ruled that both sentences should run consecutively and he then ordered the National Drug Enforcement Agency to destroy the drugs immediately.

Six people were on Monday convicted and sentenced for  contempt of court by Magistrate Kumba Sillah-Camara of the Bundung Magistrates’ Court.

Eight men were on Monday convicted and sentenced to a fine of D500 each in default to serve three months imprisonment by the Brikama Magistrates’ Court for illegal possession of firearms.

The Eight convicts were Musa Camara , Buba Sarjo, Tumbulu Sanyang, Ebrima Camara, Bakary Bojang, Karafa Bojang, Ousman Sanneh and Ismalai Sanneh.

One Kemo Saho of Farato, who is currently serving a two-year custodial sentence after he was found guilty by the Brikama Magistrates’ Court for causing gruesome bodily harm to Samba Bah, Imam of Farato Village, has again been arraigned before Magistrate Ayoub John-Njie of the Brikama Magistrates’ Court for allegedly stabbing the same Samba Bah, Imam of Farato Village with a horn all over his body.

Mr Saho pleaded not guilty when the charge sheet was read to him. Continuing his testimony on Monday, Saho told the court that the charge he was sentenced for is similar to the one he is currently charged with. According to him, on the first charge that he was sentenced for, it was the complainant, Samba Bah who first attacked him and he (Mr Saho) was advised by one Gibril Sonko to change direction to avoid the brawl, which he did.

He told the court that he had been on the main road from his compound going to Brikama, when he met up with the complainant near one Demba Baldeh’s compound and that the complainant advanced towards him, armed with a cutlass and a stick.

“As Mr Bah [the complainant] came closer to me, he asked me who I was insulting. At the point, the complainant brandished the cutlass attempting to cut me with it," Saho explained.

Saho told the court that he tried to take the cutlass from Mr Bah but he (Mr Bah) pulled it away with force and cut him between his thumb and index finger.

"When I tried with my other hand, he did the same," Saho said. He further told the court that Mr Bah then attempted to hit him with the stick and he (Saho) took  it from him and they were both pulling at it until one Ensa came and separated them, but Mr Bah hit him (Mr Saho) with the stick on the head, giving him injuries.

Mr Saho added that he then reported the matter to the Brikama Police Station and he was later taken to the hospital for treatment. "When I came back from the hospital, I gave my statement to the Police in the presence of the complainant. He added that Omar Jawo, the then Station officer at the Brikama Police station then called them and told them to discuss and amicably settle the matter so as to prevent it from reaching the court.  
Magistrate Njie then adjourned the case.

Lamin K Mboge represented the complainant while Corporal 1320 Bojang represented the IGP.