Musa S. Sheriff, Editor-In-Chief of The Voice newspaper and Sainey MK Marenah, a freelance journalist were acquitted and discharged by Magistrate Jacqueline Nixon Hakim of Banjul Magistrate’s Court. The Duo have been in trial for almost a year on charges of false publication about a story they published on the Voice Newspaper regarding 19 Green youths of the APRC defecting to the opposition.
Defense lawyer Lamin S. Camara submitted a ‘no case to answer’ after prosecutors fail to advance their case against the two Journalists. The magistrate acting on lack of evidence presented in court, stroke the case out and discharged both accused. There were no indication from the State if there would be any appeal against the ruling.
The case of these two journalists attracted wide spread publication in the Gambia and the International community. Gambian Journalists and media have faced consistent arrest and prosecution from the State in an effort to silence the independent press in carrying out their work in the Gambia. Many people saw this case as yet another attempt by the Jammeh government to dictate what is reported on the press. In fact, an identical story of opposition defection was reported by the government mouth piece -the daily observer a week or so earlier. Nothing happened to the Observer or the reporters who reported the opposition defection.
The discharge of Mr. Marena and Sheriff is seen as a very positive sign and a break for the media. In fact, readers may recalled that there has been a wave of court cases that were either dismissed or ruled against the prosecution in the last several months. This prompted Gainako to carry a story on the unusual cases of discharge in the courts. Our reporter observed at the time that because of increasing Gambian magistrates and judges on the bench coupled with young talents within the judiciary the country is beginning to see what looks like an effort for the judiciary to exercise some degree of independence. Several noticeable cases such as former Foreign Minister Mamburay Njie, Lamin Waa Juwara, former Deputy editor of the Daily Observer Alagie jobe, the case of Bai Mass Kah of Foroyaa, Lasana Jorbateh of UDP, Solo Sanden and several others were all discharged by the courts. Mamburay Njie though was rearrested later and is still detained without additional charges.
If anything this is a good sign and many hope that the courts are beginning to assert their independent judgement on some of these cases. It is also noticeable that many of the magistrates and high court judges have abandoned their positions and fled the country. This put added strain on the case loads which prompts the justice department to review the case loads. Magistrate Lamin Mbye who was presiding over this particular case was the latest to flee the country. He is reportedly in the United States and may be willing to discuss more about the judicial system in the Gambia.
In the meantime, a lot is desired in the Gambia when it comes to respecting human rights and upholding the constitutional rights of citizens. Too many citizens are still being detained beyond the 72 hours constitutional stipulated time without charges. Others simply disappeared and their families don’t know about their whereabouts. This is gross negligence of the rights of citizens and citizens must challenge these violations against the government. As we go to press a youth activist Sait Matty Jaw and two other people were arrested by NIA officials and are still detained six days later. In the spirit of peace and justice all citizens must call for an end to this arbitrary arrest and detention once and for all. We call on the Gambian authorities to produce Mr. Jaw and others and release them immediately.