With three days of detention, Musa S.
Sheriff, Publisher and Editor-In-Chief of The Voice newspaper and freelance
journalist Sainey M.K. Marenah were arraigned at the Banjul Magistrates’ Court on 16 January.
They have been granted bail in the sum
of D20, 000 (about $500) each with one Gambian surety.
At their first appearance in court, police
prosecutor Corporal Camara applied for an adjournment to call witnesses but had
earlier encourage the court to deny the journalists bail.
Prosecutor Camara argued that the
accused persons may interfere with “ongoing investigations” especially the 2nd
accused (Musa S. Sheriff) whom he described as “an influential man”.
He also argued that there is likelihood
they might abscond if granted bail and referred the court to the case, the
State versus Fatou Camara (broadcast journalist).
According to the prosecutor, the offence
directly involved the President of The Gambia, Yahya Jammeh as the initiator of
the Green Youths [young men and women loyal to Mr. Jammeh and his ruling Alliance
for Patriotic Re-orientation and Construction, APRC party].
However, defence lawyer Lamin S. Camara
objected to the prosecutor’s argument. He said there is nowhere in the charge
sheet which indicated the name of the President.
Magistrate Lamin Mbye, presiding, told
the prosecutor to give him the facts in the charge sheet. “You are misleading
me, limit yourself to the facts in the charge sheet,” Mbye told the prosecutor.
The journalists’ lawyer in his request for
bail said the charges are misdemeanour. He argued that the accused persons have
been in detention beyond the legal limit of 72 hours. He also said the
prosecution’s application for an adjournment clearly demonstrates that the
investigation is concluded.
Magistrate Mbye noted that bail is at the
discretion of the court. “I thereby grant bail to the accused person in the sum
of D20, 000 each with one Gambian surety,” he ruled.
Hearing continues on 21st January, 2014 at 2pm.
Charges
Count
I Statement of offence: Conspiracy to commit a felony Contrary to Section 368
of the Criminal law Cap 10:01 Volume III laws of The Gambia 2009.
Particular
of offence: Sainey NK Marena and Musa S. Sheriff, for that you did on or about
the 6th December, 2013
in the city of Banjul and diverse [places in] the Republic Of The Gambia, you
conspired among yourselves to publish on The Voice newspaper medium caption “19 Green Youths joins opposition UDP”
dated the 6th December, 2013
Vol-6 No. 117 ISSN: 0796-1308, thereby committed an offence.
Count
II Statement of offence: Publication of false news with intent to cause fear
and alarm to the public contrary to Section 59(1) of the criminal code cap 10:01 Volume III laws of The Gambia 2009.
Particular of offence: Sainey NK Marena and
Musa S. Sheriff, for that you did on or about the 6th December, 2013 in the city of Banjul and diverse
places in the Republic Of The Gambia, whilst employed as Editor In-Chief and
reporter respectively at The Voice newspaper medium, you made a publication
with a caption, “19 Green Youths
joins opposition UDP” dated the 6th December, 2013 Vol-6 No. 117 ISSN: 0796 -1308,
knowing or having reason to believe that the said publication is likely to
cause fear to the public or disturb the public peace, thereby committed an
offence.
Transfer
On Wednesday, the
journalists were who were arrested, detained and charged with “giving false
information to public a officer” on Monday January 13, were transferred from
Sanyang police station to Banjul.
They were detained at
Sanyang, Kombo south district of West Coast region for three days. On January
15, 2014, the police transferred the two journalists to Banjul police headquarters,
where they were detained overnight.
Colleagues, friends and
family members of the detained journalists swarmed at the police headquarters
in the morning until the afternoon to know the whereabouts of their loved ones.
However, after enquiries
from the prosecution office, journalists were told by a senior prosecution
officer that they “were not aware of the charges leveled against the two
journalists.”
Journalists were further
informed that “the police are still investigating the case and that Sheriff and
Marenah can be rushed to court tomorrow, Thursday, January 16, 2014.”
Arrest
and detention
On January 13, 2014, Musa S. Sheriff and
Sainey M.K. Marenah were arrested by plain clothes police officers and detained
at Sanyang village.
They were earlier charged with “giving
false information to a public officer” over a story titled “19 Green Youths joins opposition UDP” published by the paper on
its edition of December 6 - 8, 2013.
Four plain cloth police officers, who
came to the offices of The Voice in Serekunda on Monday January 13, 2014 at
around 8am, waited for Mr Sheriff till he arrived at around 11am. They demanded
two copies of the paper (stories titled: “19
Green Youths joins opposition UDP” and “Tanji
APRC deny 19 Green Youths defection to UDP”). After a brief discussion, the
officers asked for the author of the story Sainey M.K. Marenah who was not
available at the time.
By 12.00pm, they decided that the
editor, Mr Sheriff would go with them. He was taken to the Sanyang police
station, where he and Mr Marenah are being detained. Mr Marenah reported to the
station after he was called by the police.
Their colleagues at The Voice and The Gambia Press Union visited the police station to
secure their bail but not granted by the police, on the pretext that orders of
the arrest were received from President Jammeh.
In the story “19 Green Youths joins opposition UDP”, The Voice, a privately-owned newspaper reported UDP claims that the
supporters of the ruling APRC joined the main opposition United Democratic Party
(UDP) during a youth gathering held at Tanji, Kombo south district, West Coast region.
In its December 11, 2013 edition, the
paper published the reaction of the APRC titled: “Tanji APRC deny 19 Green Youths defection to UDP” which created
space for APRC supporters to dismiss the defection claim of the UDP as part of
the papers policy of fairness.
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