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 the matter of Lasana Jobarteh

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T O P I C    R E V I E W
kaanibaa Posted - 23 Dec 2013 : 18:39:04
It beats the imagination that freedom newspaper editor Pa Nderry Mbai was clearly calling out the name of Jobarteh during the rally at Tallinding Kunjang and clearly exposing him to risk of arrest which he eventually suffered . I am not being cynical about this but one would have thought it prudent not to openly call out that person's name as the one covering the rally as matter of fact even if the organizers supplied that information to the diaspora online media.Now this young man will go through the hassle of court proceedings and all the Freedom newspaper et al would do is claim they were practicing professional journalism.Since he Pa Nderry himself doe not consider it fit to reside in The Gambia and propagate his political broadcasts he should take great care when dealing with those on the ground. Easily he sits in his comfort zone and cast stones at political activists on the ground saying they are not fit for purpose. Methinks he does have an agenda and one that seems to say or declare all else as ineffectual and his methods above board. I seriously doubt his sincerity on these basis and hope he does something to amend this anomaly. Bravery behind the keyboard is very easy for anyone ,it takes real men with balls to face the challenges on the ground in the Gambia,,those political giants thereon are not his match . I seriously think he is overstepping his bounds and playing with peoples security and lives.
15   L A T E S T    R E P L I E S    (Newest First)
Momodou Posted - 05 Dec 2017 : 14:22:14
Court overturns UDP activist’s conviction

The Point: Tuesday, December 05, 2017

http://thepoint.gm/africa/gambia/article/court-overturns-udp-activists-conviction

The High Court of The Gambia has on Thursday passed a judgment overturning the 2014 conviction of UDP activist Lasana Jobarteh, who was convicted, fined to pay D50, 000 for broadcasting without license using Skype.


He was accused of giving information abroad using Skype while attending the then opposition political rallies at Buffer Zone in the Kanifing Municipality and Brikama among other places, without a broadcasting license. He denied any wrongdoing.

An elated Mr. Jobarteh over the weekend said he was always innocent and that the charges and subsequent conviction were politically motivated. “In fact, I was a first time offender – going by the initial verdict of Magistrate Janneh in 2014. I am a good citizen and I believe in the rule of law. That is why I would not be comfortable I became a convict,” he said.

Then a fresh graduate from the University of The Gambia, Magistrate Isatou Janneh found Mr. Lasaana Jobarteh guilty and fined him D50, 000 in default to serve one year in prison. Ebrima Kijera, the magistrate who was set to deliver a judgment after months of hearing both the prosecution and witness arguments“was abruptly transferred” to Farefenni, North Bank Region of The Gambia the week he was scheduled to deliver judgement.

In Magistrate Janneh’s ruling in 2014, she said the accused was not eligible to broadcast without license using Skype. In her argument, being ineligible does not warrant a person to broadcast without the required license. Since Mr. Jobarteh admitted in his statements (both voluntary and cautionary) talking to Freedom and Kibaroonline newspapers which were able to link with the then opposition UDP’s supporters.

She finds the action of the accused person “within the meaning of the public and the program he transmitted was aimed for reception by the public.”

Jobarteh, now 62, maintained any wrong doing throughout his trial. When he was announced guilty by the said Magistrate in 2014, his lawyer Mr. Ousainou Darboe said the ‘offence’ was not criminal that attracts the punishment provided by the Communication Act.

“The alleged offence committed is lined with a political rally. Certainly the opportunities that avail to the main opponent (APRC) is not availed to the accused to access information to supporters. This is not an offence of violence and has not impacted negatively on the society,” Mr Darboe maintained.

Jobarteh’s counsel further argued that the charge was not appropriately applied as Jobarteh holds no broadcasting station to face such a charge. He applied for the Magistrate to dismiss the charges as his client has “no case to answer”. This was dismissed by the magistrate, who thought that the prosecution has made efforts to prove their case by calling two witnesses and tendering evidence printed out from Freedom Newspaper Online.

He went ahead and appealed against the judgment of the Magistrate court at a higher court since 2014. The case was never heard, a situation Jobarteh blamed was calculated to have it dragged on for three years – at some points, there were no judges to even hear the appeal – until the change in government and subsequent reforms in the judiciary that ensured it got fair hearing.

Punishment from the regime

Even though his lawyers argued he had no case to answer, Jobarteh said he was merely convicted due to the political climate existing in the country. “I saw it as a punishment from the regime,” he added.

In 1996, Mr. Jobarteh worked as principal producer/director of the state broadcaster GRTS when his services, after two decades of successful career at the then film production unit that later became Gam TV and amalgamated into GRTS, were terminated.

He went to the court to challenge the dismissal and that case dragged for two years and six months. In 1999, the court found the action of the state against him unlawful and ordered for compensation to him. “Since then, I became a target of the Jammeh regime and I dedicated myself to the fight for democracy and freedom for the Gambia,” he said.

He fled The Gambia to seek asylum in the US with his family but will return every few years especially prior to presidential elections campaign, to lend support to the UDP.

In 2014, Jobarteh’s arrest followed a major opposition rally held in Brikama under the Gambian United for Change (GUC)-backed alliance of opposition parties. Radio stations on the ground in Banjul do not cover opposition events; neither does the national broadcaster, GRTS, where Mr. Jobarteh was a founding staff and member of the management team.

Gambian online radios covered the event using Skype, and Jobarteh was using an iPad belonging to Mr. Ousainou Darboe to take videos of the event. Agents of the then National Intelligence Agency picked him up from his house hours after the rally and he was detained for eight days before being granted bail by the Bundung Magistrate’s court.



Author: Sanna Camara
kobo Posted - 23 Jul 2014 : 19:34:26
1.
In a photo courtesy Of Lasana Jobarteh FB: Lawyer Ousainou Darboe flanged by mr. Lasana Jobarteh (right) and mr. Kemeseng Jammeh of the UDP at the Bundung magistrate court just after handing over the D50,000-00 fine imposed on mr. Jobarteh by magistrate Isatou Janneh in the case of IGP vs Lasana Jobarteh in which mr. Jobarteh was charged for broadcasting without license and is accused of giving information abroad using skype while attending a UDP political rally on 14 & 15 December 2013.

2. Hello Gambia UDP Lasana Jobarteh Extend Gratitude To wellwishers
kobo Posted - 12 Jul 2014 : 09:01:34
quote:
Originally posted by kaanibaa

It beats the imagination that freedom newspaper editor Pa Nderry Mbai was clearly calling out the name of Jobarteh during the rally at Tallinding Kunjang and clearly exposing him to risk of arrest which he eventually suffered . I am not being cynical about this but one would have thought it prudent not to openly call out that person's name as the one covering the rally as matter of fact even if the organizers supplied that information to the diaspora online media.Now this young man will go through the hassle of court proceedings and all the Freedom newspaper et al would do is claim they were practicing professional journalism.Since he Pa Nderry himself doe not consider it fit to reside in The Gambia and propagate his political broadcasts he should take great care when dealing with those on the ground. Easily he sits in his comfort zone and cast stones at political activists on the ground saying they are not fit for purpose. Methinks he does have an agenda and one that seems to say or declare all else as ineffectual and his methods above board. I seriously doubt his sincerity on these basis and hope he does something to amend this anomaly. Bravery behind the keyboard is very easy for anyone ,it takes real men with balls to face the challenges on the ground in the Gambia,,those political giants thereon are not his match . I seriously think he is overstepping his bounds and playing with peoples security and lives.


PA NDERRY MBAI FREEDOM NEWS EDITOR/PROPRIETOR DID NOT SHOW ANY INTEREST TO COVER THIS CASE BUT HE INCURRED AND OWNS THIS BILL OF D50,000 for "Lansana Jobarteh, WITH LEGAL COSTS, THEREFORE UDP, PARTY MILITANTS, DIASPORA, FAMILY & WELL WISHERS WHO WILL BE PAYING FOR IT ARE NOT SUPPOSE "to pay the fine of D50,000 in default to serve one year in prison."
Momodou Posted - 11 Jul 2014 : 13:24:39
UDP militant Lansana Jobarteh fined D50,000
By Malamin L.M. Conteh

The Point: Published on Friday, July 11, 2014


Magistrate Isatou Janneh of the Bundung magistrates’ court Thursday convicted and sentenced Lansana Jobarteh, to pay a fine of D50,000 in default to serve one year in prison.
The accused, Lansana Jobarteh, a militant of the main opposition United Democratic Party (UDP), was charged with broadcasting without a licence contrary to the Information and Communication Act 2009.

The police accused Lansana Jobarteh of attending political rallies of the UDP, on 14 and 15 December 2013, at the Buffer Zone Tallinding in the Kanifing Municipality, Brikama and diverse places, and whilst there he talked on Skype and using an Ipod gave information abroad without a broadcastinglicence; and thereby committed an offence.

In her judgment, the trail magistrate stated that Lansana Jobarteh was standing trial for the offence of broadcasting without a licence, which Jobarteh denied.

She read out the charge sheet and pointed out that the prosecution paraded two witnesses and tendered exhibits, while Jobarteh testified as a lone witness and also tendered exhibits.

The trial magistrate dealt with both the evidence of the prosecution and defence, and held that there was no doubt that Jobarteh had communicated through Skype. She also held that Jobarteh did broadcast; that the prosecution had proven its case, and found Jobarteh guilty as charged.

When the sentence was handed down, the defence counsel, Ousainou Darboe, applied for the fine to be paid on or about 4th August 2014.

The police prosecutor, Corporal 3533 Jarju, did not object.

The court granted the defence counsel’s application for the fine to be paid latest by 4th August 2014, failure to do which the sentence would be executed.

In his plea of mitigation, the defence counsel, among other things, said the facts of the case showed this was not the sort of criminal offence, under the Information and Communication Act, which caused loss. Therefore, counsel added, Jobarteh should be admonished, cautioned and discharged.

Source: The Point
kobo Posted - 27 Jun 2014 : 19:12:40
Judgment again postponed in Lansana Jobarteh case

The Point: Published on Friday, June 27, 2014


Judgment in the trial of Lasanna Jobarteh, a UDP militant, was yesterday postponed at the Bundung magistrates’ court before magistrate Isatou Janneh.

The matter was adjourned on the grounds that magistrates were attending a training session.

Judgment is now expected on 10 July 2014..........Full Report
kobo Posted - 20 Jun 2014 : 19:05:19
1. Foroyaa News Today is D-Day for Lasana Jobarteh

2.Judgment postponed in UDP militant’s case

The Point: Published on Friday, June 20, 2014


The judgement in the case involving Lasanna Jobarteh, a UDP militant, charged with broadcasting without a licence, was yesterday postponed at the Bundung Magistrate Court before Magistrate Isatou Janneh.
The case was adjourned until 26 June 2014, for judgment.

It was adjourned on the grounds that the judgment was not ready, as all the parties were present in court.........Full Report
kobo Posted - 09 Jun 2014 : 16:36:06
THE POINT NEWS

Monday, June 09, 2014

The trial on a single count of broadcasting without a licence involving Lasanna Jobarteh, a member of United Democratic Party (UDP), was adjourned for judgement at the Bundung Magistrates’ Court before Magistrate Ibrahim Kijera.

When the case was called, the prosecutor 3533 Jarju, told the court he had filed his written address, and the defence counsel Ousainou also told the court that he had filed his reply on point of law.

The case was then adjourned till 19 June 2014, for judgement.....Full Report
kobo Posted - 28 May 2014 : 22:02:07
1. Daily News UDP militant cross-examined

2. The Point News My client’s trial is politically-motivated - Lawyer Darboe
Nyarikangbanna Posted - 27 Dec 2013 : 00:27:44
That's why it needs to be condemned in the strongest possible terms.

By the way, the article is a forward and both the author and source are clearly stated at the bottom of the article.

Thanks
Momodou Posted - 26 Dec 2013 : 21:02:11
quote:
Originally posted by Nyarikangbanna

PA NDERRY IS THE TRIBALIST OF THE 21 CENTURY (part 1) By Amadou Sillah

Please accept my sincere heartfelt strong condemnation of the treacherous misconduct of Pa Nderry Mbai who is regarded as a role model of many Gambians including my humble self.......

Tribalism is evil

Momodou Posted - 26 Dec 2013 : 20:42:25
LASANA JOBARTEH CHARGED AND GRANTED BAIL

By Mustapha Jallow

Foroyaa: Published on Thursday, 26 December 2013



After eight days of detention at the National Intelligence Agency (NIA) headquarters in Banjul without access to family and friends, Mr. Lasana Jobarteh was yesterday, Monday, 23 December, taken to the Bundung Magistrates’ Court before Magistrate Ebrima Kijera and charged with Broadcasting without licence through skype. He was subsequently granted bail by the court. Mr. Jobarteh was escorted by the NIA to the Police Headquarters in Banjul around 12 noon and later transferred to the Bundung Police Station from where he was taken to the Bundung Magistrates’ Court and the case mentioned. The case was adjourned to Tuesday, 31 December 2013 for hearing.

Source: Foroyaa
Nyarikangbanna Posted - 26 Dec 2013 : 20:01:14
PA NDERRY IS THE TRIBALIST OF THE 21 CENTURY (part 1)


Please accept my sincere heartfelt strong condemnation of the treacherous misconduct of Pa Nderry Mbai who is regarded as a role model of many Gambians including my humble self, irrespective of tribe, age, sex or religion to have the audacity to castigate the Mandingos. UDP has nothing to do with the Mandingoes and if you have grievances against the cyber warriors of Darboe’s loyalist why can’t you address them directly instead of being nasty to a unified tribe like the Mandingos.

Even the ASN newspaper edited the first line of your article and how unethical and unprofessional you are? The crop you are growing in your media house when it geminates could be a catastrophy for the Gambia. You never stand to say anything cruel about your tribe. So the love you have for your tribe is the same love Mandingoes have for their tribe. I am a keen listener and admirer of your radio but will never sit back for an ***** like you to castigate my tribe.

However, the innocent citizens of the Gambia will never forgive any journalist who engages in tribalism. It is the most worrying trend in politics of the Gambia today. The media, which is the fundamental pillars of any prosperous nation is supposed to be an objective observer of politicians and put them on their toes. The media is the ear of society and its work impacts greatly on the national psyche. The media’s objective reportage of the news helps the masses to know what is going on in the government and the realms of politics.

Therefore, it’s just so disgusted that some of our journalists have thrown good journalism to the dogs and have chosen to join the tribal bandwagon. It is a pity that Pa Nderry Mbai did not learn from Rwanda and other nations who went down the drain because of their engagement in senseless tribal journalism. There is no justification for a journalist to engage in tribalism and so-called journalists who have chosen that cause should bow their heads in shame like monster Pa Nderry Mbai. A journalist plays tremendous roles in the lives of every human being. None is born a tribal or bigot from their childhood. It may be Mr Mbai’s parental or society that shapes his perception critical of the Mandingoes. Growing up from tolerant parents and society goes a long way to producing tolerant and colour blind adults that blend well with the rest of the world.

During Mr Mbai’s analysis, he tried to segregate the Mandingoes by saying that some are from Kombos and others from provinces but we still see each other as a family. We have associations every city in England and we will stand by each till dooms day.

In essence, it seems some pockets of individuals of Pa Nderry’s calibre are still not prepared to relinquish their inimical upbringings and their negative perception about how they intend to live with others who differ from them in this world.

These types of people must be told in their faces that, all the different tribes were created by Almighty God in his infinite wisdom and we are all here to stay together as long as the human race is permitted by our Creator to exist on this universe until Armageddon. There’s nothing the ethnocentric like Pa Nderry Mbai can practically do to stop or eliminate the Mandingoes. I am always critical of UDP but from now on my association is going to support the party financially and morally.

These kinds of people need urgent consistent vigorous education to prune the negative perceptions of their inimical parochial view of this world. How long will the human race continue to wallow in the shadows of ignorance of that magnitude, in this era of our continued perceived civilization? Unfortunately, in spite of the milestones achieved, we are still crawling, so far as socialization with our fellow human being is concerned. Regrettably we keep on retrogressing socially due to our inability to cogitate about our lives appropriately to live in peace and harmony amongst ourselves as civilized human beings.

So, it’s sad that we are still in this quagmire of ignorance but, sadly that’s the truth, and it’s a shame to us the Gambians. Especially if only we still believe in ourselves as human beings whom Almighty God created in his own image. We are privileged with all the attributes others species never had, and yet our behaviour of living peacefully with each other is still a daunting task.

Unbelievably, tribalist like Pa Nderry still makes the entire world look so fussy. Making it very difficult for some ignorant people to fully accept, cherish and tolerate their fellow human beings as colleagues, friends, or to be in courtship just simply because of their tribes. This guy’s evil perception of the Mandingoes is real and he is no difference to Yahya Jammeh. Anybody who thinks those social diabolical traits don’t exit is only attempting to bury their heads in the sand not to hear, see or have decided to live in the fool’s paradise.

Species of Almighty God are all endowed with different colours and they tolerate each other with the exception of the human races that discriminate amongst each other. Biologically, we are exceptional animals, due to the benignity of God’s infinite mercy. It’s remarkably absurd to comprehend because, dogs and cats are of different colours yet, they socialize with ease likewise most animals in our midst and around the universe except the human race. Gambians coming together irrespective of their tribes, age and sex is a good thing that Freedom editor should be advocating and cherishing.

The saddest part is that, the ignorant so called journalist like Pa Nderry will go into their grave with nothing except, his evil, cruelty he have exhibited unto Gambians whiles they were alive. If the ignorant have no idea about his final journey, let him learn from here right now that his pen will dry and no one will revive his legacy. Even your spouse and children will not want to stay near your grave when it’s getting dark. What a pity to the ignorant. All the Gambians must act on these retrograde inimical behaviours in our societies to change the mentality of the ignorant for the betterment of the entire world.

Let’s seriously do something about tribalism, let’s talk about it because it’s tearing us apart instead of bringing us together in peace and harmony as real civilized people created by Almighty God.

I am ready for any constructive debate anytime you wish.

Thanks

Amadou Sillah
Eastman, London.

Source; kibaaro.com



kaanibaa Posted - 25 Dec 2013 : 07:32:27
Honestly speaking, it makes me puke to read over and over again and also listen to the hollow rants of Pa Nderry Mbai ,claiming fair and balanced on his airwaves. He knows what he is up to and it is simply vile and purely malicious. He has a beef with Ousainou Darboe and this displayed clearly in his comments about Lasana Jobarteh who covered the rally. His information if it could be used which I think would be untenable in any properly constituted court, went to say that Lasana was covering the said rally using Ousainou's ipad and personal skype account to do what he was alleging him to have done. That in a nutshell was selling Ousainou to the dogs literally speaking. His comments then start to run spuriously in his peculiar manner but today I hear him try to deny having any malicious intent in so doing. Well he did what he did and can defend himself till kingdom come but he cannot stop others from reading into his villainous action .It is about time that we wised up to such crude acts from our fellow Gambian s. May be Pa Nderry should simply pack his bags and go back to Gambia and form his political party so that can do what he said Ousainou and co have failed to do. Until then simply sitting in his chateau of chicanery and spitting venom on those struggling against all odds won't do.We accept that more needs to be done but we cannot force people into actions that they do not plan and all this whilst we sit abroad safe from harm. This act of Pa Nderry deserves condemnation and all right thinking Gambians should condemn it. Finally I say he cannot get Ousainou Darboe pinned down to sedition as that is clearly what he intends. Shame on him.
Karamba Posted - 25 Dec 2013 : 00:15:21

In which civilised democratic nation will the army after seizing power, establishing military dictatorship, control public media, then criminalise simple use of alternative channels? For Gambians abroad to access such information Jobarteh has done the most proper thing. His is no crime under civilised democratic dispensation.

Thank you Kaanibaa
Nyarikangbanna Posted - 24 Dec 2013 : 15:16:11
I agree with you 100 percent kaaniba. Pa Nderry, in my view, is a trash journalist who adheres to no ethical standard. Most of the stuff that come out from freedom radio on Gambian politics particularly about the UDP and it's leader is junk. Nothing proves this more than Pa Nderry's own inclination to censor and sometimes bully anybody who wants to speak in defence of the UDP leader.

He is not gonna set the agenda for the UDP. The party does that by itself.
Thanks

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