The Banjul High court presided over by a Nigerian Judge, Emmanuel Oluesegun Fagbenle has fixed August 5, 2009 as the day it will deliver its judgement in the case of six Gambian journalists accused of defaming President Yayha Jammeh.

This followed a submission of no case made by Lamin S. Camara on August 3 to the effect that the prosecution had failed to prove their case against his clients.

The six journalists are facing six counts of criminal “defamation” and “sedition” over a June 11 Gambian Press Union (GPU) statement criticizing President Jammeh over comments he made slandering Deyda Hydara, the slain senior journalist, whose gruesome murder in 2004 is yet to be investigated.

The prosecution had on July 31 asked the court to convict the journalists on all the six counts.  If found guilty of any of the charges, each of the accused journalists would pay a fine of a minimum of 50,000 Dalasis (about US$ 1,800) and a maximum of 250,000 Dalasis (about US$ 9,000), or a  prison sentence  ranging from six months to two years for each count or both.

The court’s judgment ignores an objection raised at the country’s Appeal court brought by the defense challenging the constitutionality of the charges which they say are “defective”.

The six accused persons and three others were rounded up by the notoriously feared National Intelligence Agency.  They were held incommunicado for three days before being hurriedly arraigned before the Kanifing Magistrate court, which further detained them at the Mile Two prison until they were released on bail. 

The arbitrary manner of their arrest and detention has not only attracted the attention of the international community to the extreme hatred for the media by Jammeh’s administration, but has also confirmed Media Foundation for West Africa’s reports of countless arrests and detention of Gambians including journalists and ordinary people.

Under intense pressure for fair hearing, the case was mysteriously transferred  to  the Banjul high court presided over by Justice Joseph Wowo,  a  controversial  Nigerian judge who  was replaced following  another objection  by  the Defense counsel, who feared the journalists may not get fair trial.

Prof. Kwame Karikari, Executive Director, MFWA

Accra, Ghana

Tel 233-21 242470, Fax 233 -21 221084

Email: mfwa@africaonline.com.gh

Website: www.mediafound.org