Gambia: Journalists challenge legality of the charges against them

Counsel for seven journalists including Gambian Press Union (GPU) executives, accused of defaming President Yahya Jammeh on July 8, 2009 asked the Banjul High court hearing the case to free their clients because the charges preferred against them were “invalid” and “defective”.

Media Foundation for West Africa (MFWA)’s sources reported that lawyer Antouman Gaye told the court that the Constitutional provision on which the prosecution based its charges “conspiracy to defame” and “defamation” had been amended since 2004.

Gaye also argued that the prosecution did not specify any “defamatory words” in the GPU press statement said to defame President Jammeh.

Gaye further argued that the prosecution also violated Gambian laws by failing to meet Section 53 of Gambia’s Criminal Code, which requires that accused persons can not be convicted of any offence without being informed of their crime.

In his earlier submission, Richard N. Chenge, Director of Public Prosecution, told the court that the accused persons and others now on the run (including the GPU president who was not in the country at the time of the mass arrests by the authorities) conspired to publish in local and international media that President Jammeh was responsible for the death of Deyda Hydara, the journalist killed in 2004 by as-yet unknown assailants.

The prosecution said, the accused persons “all members of the Gambia Press Union” published the statement with “the intent to bring the government and the president into ridicule and public disaffection” and have therefore committed an offence

The court adjourned proceedings to July 11 to enable the prosecution to respond to the lawyers’ submission.

Meanwhile, the initial “sedition” case against the journalists at the Kanifing Magistrate court has been discontinued.

Prof. Kwame Karikari
Executive Director
MFWA
Accra
Tel: 233 21 24 24 70
Fax : 233 21 221084
Website : www.mediafound.org
Email: [email][email protected]