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 UDP Treasurer, three others in NIA custody
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kobo



United Kingdom
7765 Posts

Posted - 12 Dec 2013 :  20:23:59  Show Profile Send kobo a Private Message
UDP national treasurer’s trial resumes today

The Point News: Published on Thursday, 12 December 2013


he trial involving the national treasurer of the main opposition United Democratic Party (UPD), Amadou Sanneh, is expected to resume today at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.

Amadou Sanneh was arraigned alongside Malang Fatty and Sambou Fatty, charged with conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.

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Edited by - kobo on 12 Dec 2013 20:25:26
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kobo



United Kingdom
7765 Posts

Posted - 16 Dec 2013 :  21:28:49  Show Profile Send kobo a Private Message
Defence to reply in UDP Treasurer and Co trial

Published Monday, December 16, 2013

The defense team consisting of Mr. Amadou Sanneh, National Treasurer of the opposition United Democratic Party [UDP], on Thursday, 12th December, requested for time to reply to the brief filed by the prosecution in relation to the address of the accused person opting not to give evidence in his defence before Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court. When the case was called, Mr. S.H. Barkun, the Director of Public Prosecution informed the court about the address filed on the 2nd December 2013. He submitted that the said address is related to the brief filed by the defense.

Ms. Rachel Mendy, leading defense counsel for the 3rd accused person (Amadou Sanneh) said they have addressed the court in writing.
She applied to adopt the said address of the accused. She further applied for time to reply to the address filed by the prosecution. Defense counsel Mendy argued that the criminal procedure rules are meant to protect the accused person whereas the address filed by the prosecution has referred to the civil procedure rules which, she said, were not applicable.

Consequently, the trial judge granted the application made by the defense to reply to the address filed by the prosecution. The case is adjourned till Wednesday, 18th December 2013.

SOURCE: Foroyaa Burning Issues News
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kobo



United Kingdom
7765 Posts

Posted - 18 Dec 2013 :  20:09:16  Show Profile Send kobo a Private Message
SCC to decide on UDP national treasurer’s case today

Wednesday, December 18, 2013

The Special Criminal Court in Banjul is today expected to deliver judgment in the trial involving Amadou Sanneh, the national treasurer of the main opposition United Democratic Party, UDP.

This development came following the announcement of both the prosecution and the defence that they have adopted their briefs....

Source: The Point News & full report

Edited by - kobo on 18 Dec 2013 20:10:01
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kobo



United Kingdom
7765 Posts

Posted - 18 Dec 2013 :  20:50:45  Show Profile Send kobo a Private Message
1. UDP Treasurer Amadou Sanneh Convicted

Wednesday, December 18, 2013
By Suntou Touray

The trial of the United Democratic Party (UDP) Treasurer Amadou Sanneh ended today with a conviction. The mercenary Judge, Justice Emmnual Nkea, convicted Mr Sanneh this afternoon on the orders of the NIA and the President of the Gambia. The allegations levelled at Amadou Sanneh are so nonsensical, some in court found the whole process a joke and an insult to the country’s justice system.

Throughout the month long trial, Amadou Sanneh is flanged by his party leader, Lawyer Ousainou Darboe, party supporters, his wife, son and his three Barrister legal team. The Judge has not yet read the grounds for conviction. ....

Source: Kibaaro Online News & full report

2. UDP'S Amadou Sanneh Gets Five Years Jail Term; Solo Sandeng Released!

The sedition convictions against three opposition party members in Gambia must be quashed and the authorities must release them immediately and unconditionally, Amnesty International said.

Amadou Sanneh, National Treasurer of the United Democratic Party (UDP) and two other UDP members, Malang Fatty and Alhagie Sambou Fatty, were today convicted of sedition and sentenced to up to 5 years of imprisonment after claiming one of them had suffered harassment and death threats from the Gambian authorities......

Source: Freedom Online News & full report

3. Maafanta.com with AMNESTY INTERNATIONAL PRESS RELEASE 18 December 2013 on Amadou Sanneh's trial and conviction.

Edited by - kobo on 19 Dec 2013 04:47:37
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kobo



United Kingdom
7765 Posts

Posted - 19 Dec 2013 :  20:24:45  Show Profile Send kobo a Private Message
1. UDP treasurer Amadou Sanneh, two others jailed 5 years

By Malamin L.M. Conteh

The Point: Published on Thursday, December 19, 2013

The widely-publicized trial involving the national treasurer of the opposition United Democratic Party and two others, came to an end yesterday after the Special Criminal Court convicted and sentenced the trio to five years imprisonment......

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2. Asylum scammers get five years jail term

By Fatou Sowe

Daily Observer: Published on Thursday, December 19, 2013

The Special Criminal Court, presided over by Justice Emmanuel Nkea, Wednesday, 18th December sentenced Malang Fatty, Sambou Fatty and Amadou Sanneh, of the United Democratic Party (UDP), each to a mandatory jail term of five years, after they were found guilty of involvment in a political asylum scam.

While delivering the judgment in this matter, the presiding judge recalled that the convicts were jointly and severally charged on four counts of conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.......

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3. Amadou Sanneh and Co Sentence to 5 years

By Lamin Sanyang

Published on Thursday, December 19, 2013


Justice Emmanuel Nkea of the Special Criminal Court has yesterday, Wednesday 18 December, sentenced Mr. Amadou Sanneh, National Treasurer of the opposition United Democratic Party [UDP], Mr. Malang Fatty and Mr. Sambou Fatty each to a jail term of 5 years imprisonment at the Banjul High Court.

The UDP National Treasurer was arraigned alongside Malang Fatty and Sambou Fatty and charged with conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.

“I will accordingly sentence the 1st convict Malang Fatty to 5 years imprisonment on count 1, 5 years imprisonment on count 2, and 5 years imprisonment on count 3. The above sentences shall run concurrently from the date of his arrest.

I will also sentence the 2nd convict Sambou Fatty to 5 years imprisonment on count 1, and 5 years imprisonment on count 2. The above sentences shall run concurrently from the date of his arrest.

And I sentence the 3rd convict Amadou Sanneh to 5 years imprisonment on count 1, and 5 years imprisonment on count 2. The above sentences shall run concurrently from the date of his arrest,”
said Justice Emmanuel Nkea of the Special Criminal Court.

The sentences were received with much anguish and grief and expression of remourse from the crowded courtroom consisting family members, friends and sympathizers of the convicts especially the 3rd convict Mr. Amadou Sanneh.

Many people were crying and wailing openly in the courtroom. Some of the women folk were chanting the name of the 3rd accused and recalling his good behavior and kind hearted nature. It took time for the security personnel to control the overwhelming crowd.

In the meantime, Mrs. Rachel Mendy, counsel for Mr. Amadou Sanneh made a plea of mitigation for her client. She urged the court to consider the gentle and kind character of the 3rd convict. She said he is a family man with a wife and four children as one of them is going to the university who is solely depending on him. She said he has an extended family while his mother is of old age and very dependent on him.

Defense counsel Mendy referred to records before the court that the 3rd convict has a very viable accountancy firm which is solely under his control. She said he has more than ten employees who are depending on him in terms of experience and also financially. “He is very much respected in society which has earned him the position of President of the Association of Gambian Accountants. I want you to consider all these facts in sentencing him,” said Mrs. Rachel Mendy.

“The penalty for the offenses which he is now been convicted attracts a fine of D50, 000 and not more than D200,000 or an alternative custodial sentence of 1 year imprisonment or both fine and sentence of not less than 1 year,” she added.

Defense counsel Mendy further urged the court to consider the 3rd convict has been in custody for 3 months without bail. She urged the court not to impose a custodial sentence. She urged the court to consider the medical condition of the 3rd convict as it was evidence before the court. Mrs. Mendy further urged the court to limit the sentence to a fine in such sum as would be reasonable within the tenets of the offense.

In the meantime, the trial judge while reading the sentence said he already has records of the plea in mitigation of the 1st and 2nd convicts. He said after carefully listening to the passionate plea for leniency on behalf of the 3rd convict in terms of mitigation factor that all convicts are first time offenders. Justice Nkea said while mitigation circumstances exist, he also finds it necessary to review the actions of the convicts. He argued that the offense of sedition has huge destabilizing potential on the image and economy of the country with far reaching consequences on relations with donor partners and poverty alleviation.

“These unguarded seditious activities, by a senior party member, if not properly checked may constitute a dangerous recipe for political intolerance. I am condemned in the face of these to act responsibly by passing a sentence that will serve as deterrence, but also commensurate with the severity of the offenses charged,” said Justice Nkea.

The trial judge referred to section 52 of the Criminal Code for a statutory minimum of 1 year or a fine of not less than D50, 000. He said there is no statutory maximum sentence contemplated. He said this explains certainly that the offense is not a misdemeanor. “It is a serious offense, and considering its huge destabilizing potential on the image and economy of the country, I am bound to act in the best interest of the people of this country,” said the trial judge.

Meanwhile, the trial judge said he was satisfied that the prosecution has proved its case with the certainty required by law on counts 1 and 2. He argued that the 3rd convict [Amadou Sanneh] was accordingly found guilty, and convicted as charged on counts 1 and 2. He acquitted and discharged the 3rd convict on count 4 arguing that the prosecution has failed to prove its case against him.

The trial judge has made reference to many cases and authorities in delivering the judgment. He further mentioned the evidence provided by the convicts especially the 3rd convict. He argued that the defense of mistake like all other defenses in law is not upheld as a matter of course but there must be good evidence in support of it.

He said if the 3rd convict wishes to rely on mistake as a defense there is a need to place before the court strong evidence. He argued that apart from merely stating that there had been a series of political problems with arrests, detentions and accusations in Bantanto there was no corresponding evidence to justify these assertions.

Justice Nkea said there was no evidence before the court of these alleged series of political problems were. There is, he said, no evidence to suggest that anybody had been arrested and detained in Bantanto village at anytime and for whatever reason.

“There was still no clue of what the alleged accusations are. So there was no evidence upon which this court could reach the conclusion, or even draw the inference that the belief of these assertions by the 3rd accused was reasonably founded,” said Justice Nkea.

The trial judge said facts that are supposed to be within the knowledge of the 3rd accused and since the evidential burden is on the party who alleges a fact, it was therefore logical to require the 3rd accused to properly dilate on the assertions.

“However, the 3rd accused elected to remain silent, allowing the court to resolve the issue by resort only to the evidence of the prosecution before the court. And the law is well settled, that an accused person who decides to rest his case on that presented against him by the prosecution has admitted the facts as presented by the prosecution thus exposing him to a big gamble and risk,” he added.

Justice Nkea said there is no convincing evidence that the 3rd accused verified the information contained in the attestation. He argued that he did not act reasonably in the circumstance. He said he holds as a fact that his mistaken belief was unreasonable and unfounded.

He cannot, he said, therefore benefit from the exculpatory provision of section 8 of the Criminal Code.

SOURCE: Foroyaa Burning Issues News

Edited by - kobo on 19 Dec 2013 20:45:56
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kobo



United Kingdom
7765 Posts

Posted - 19 Dec 2013 :  20:57:24  Show Profile Send kobo a Private Message
THE TRIAL OF THE UDP TREASURER IS OVER


Foroyaa Editorial: Published on Thursday, December 19, 2013


The trial is associated with attempts by unemployed Gambian youths to search for greener pastures. Political figures are the most vulnerable groups. In Gambian society in particular and many African countries in general every problem with papers is referred to political figures to handle. When you fail to assist they accuse the person of being unhelpful.

Thousands of youths from Gambia and Africa either have to take the back way to Europe or rely on the support of political figures or civil society operators to get papers to seek for asylum. As the political sphere becomes more difficult the issue of discrimination on the basis of sexual orientation is also taking centre stage.

In some instances those who help gain nothing out of it other than the thanks of desperate youths and their families. As long as unemployment continues to afflict the youth many will continue to take the back way or hook some innocent interlocutor to prepare documents for them at their own peril.

This is when it becomes difficult to distinguish the criminal from the benevolent victim. It is in such cases that the state exercises prerogative of mercy.

Those who are found to do what is deemed to be wrong by the state to help a poor person to attain upward mobility should be regarded as victims and not as criminals even after being convicted and the state can best serve the intention of justice by granting them pardon. Detention, trial and conviction are enough traumas to serve as a deterrence.

The ultimate solution is to build economies that would be able to cater for the youth.

SOURCE: Foroyaa
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