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Momodou
Denmark
11712 Posts |
 Posted - 20 Nov 2013 : 22:51:12
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Press Statement on the Arrest of Bai Mass Kah
 For your information, Bai Mass Kah, is a messenger employed by Foroyaa Newspaper. He was arrested at his home on Thursday 2013. When the information regarding his arrest was received, I, as Managing Editor of Foroyaa, contacted the police to enquire about his welfare, the cause of his detention and whether bail could be secured.
Bai Mass was transported from a Police station at Latri Kunda Yiringanya where he resides to Serre Kunda Police station where I met him in a cell. I was not allowed to talk to him but the officer-in-charge simply said he was brought there by another security outfit and did not know why he was detained there. I contacted the O/C at the station who also claimed that the file was not before him and he could not explain why he was detained there. I was asked to contact Deputy Commissioner Bojang who was contacted a number of times to fix concrete appointments, but none materialised.
I was at the police station when Bai Mass boarded a Pick Up truck surrounded by the task force, but I later discovered that they just helped to transport him to another station. I continued to make enquiries the next day and found out that he was detained at the Kotu Police Station. The family was informed and they started to provide him with food up to Saturday when he was moved again to an unknown destination 24 hours before the 72 hours permitted for detention without trial elapsed.
My information is that he was arrested at his home. Prior to that, he was sitting at his normal chatting place with a friend. He is not held for any matter connected with his work. The arrest appears to emanate from allegations made against him by a stranger who had an encounter with him. The content of the allegations are still unknown to us and whether they should provoke such drastic reaction is still a subject of enquiry.
My concern is that whatever may have been the cause of his arrest, he should not be detained for more than 72 hours without either granting him bail or be taken before a court. Section 19 of the Constitution clearly states that,
“Any person who is arrested or detained-
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours.”
This is why on Tuesday I accompanied his wife to make enquiries from the Deputy Commissioner of Police , the O/C and the IG regarding his whereabouts. The authorities at the police station made it clear that he was not with them.
Bai Mass was last seen by many people at Kotu Police Station and all of them would be able to testify that he has been under police custody up to Saturday. The police should be able to explain what happened to him in any court of law.
This is why the decision was taken to approach a legal counsel so that a case would be filed at the high court to ensure that he is produced in court by the police or any authority that took custody from the police and those in charge be ordered to comply with the constitution.
However, to be doubly sure that we are not dealing with a case of disappearance without trace, we went to the NIA headquarters to make our final enquiry regarding his whereabouts since his wife was in a desperate state because of her inability to trace his whereabouts. We were received at the NIA Headquarters by a Senior officer and told that even though the case is that of the police, Bai Mass Kah, was with them for a specific purpose and would be handed back to the police very soon. How soon was not explained.
In this regard, Foroyaa is to cooperate with the family to begin legal consultation and processes with effect from tomorrow to ensure compliance with section 19 of the Constitution.
It would also be fair to inform the Press that since the case seems to have political undertones, an initiative is on the ground aimed at bringing this matter to a close. If there are any further developments on that score, the media would be duly informed.
Issued by the Managing Editor of Foroyaa, 19 November 2013
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11712 Posts |
Posted - 21 Nov 2013 : 20:11:30
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PROGRESS REPORT ON BAI MASS KAH
BY MANAGING EDITOR
Foroyaa: Published on Thursday, 21 November 2013
Readers would recall that a senior NIA official indicated that the case being pursued against Bai Mass Kah is in the hands of the police and that they would be handing him over once they complete a specific aspect of their investigation. I had an agreement with the legal counsel to monitor development on Wednesday to find out whether he has been placed under the custody of the police. Up to the time the PRO left the police headquarters Bai Mass Kah was still not in the hands of the police.
I have informed the legal counsel of developments and he will be met today to continue with the judicial process to find redress for his continued detention after the expiration of the seventy two hours. The constitution empowers the citizen to apply to the high court for redress if one’s constitutional rights are violated. There are comments in cyber space indicating the allegations against Bai Mass Kah.
Our information is that the case is still under investigation. I have contacted the PRO yesterday to find out whether Bai Mass Kah has been charged and he promised to investigate and give feed back today. What is evident is that there is a complainant. What is not clear is whether Bai Mass has agreed to any allegations against him.
The law enforcers have to examine whether this is an unfortunate clash of clash of personalities and political opinions which happened coincidentally which is usually settled by discussion or a serious legal matter which requires the intervention of the courts for justice to be done.
The feedback from the PRO shall be conveyed in due course.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11712 Posts |
Posted - 25 Nov 2013 : 20:51:57
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Witness of the Mass Kah incident also arrested
By Mustapha Jallow
Foroyaa: Published on Monday, 25 November 2013
A tailor, Morr Jagne, who witnessed the incident that led to the arrest of Bai Mass Kah was also arrested by plain clothes officers on Sunday 17th November 2013, three days after the arrest of Mass Kah and is still held in custody, reliable sources have revealed. A source, a friend of Mass Kah, who said he resides in Latri-kunda Yiringanya narrated that he was not present when the incident happened, but confirmed that when Morr Jagne’s partner opened his shop in the morning of Sunday 17 November 2013, he was approached by 5 men in plain clothes who interrogated and compelled him to contact Morr Jagne who was then at Tabokoto.
He said the co-worker of Morr Jagne was directed to ask Morr Jagne to meet them at Westfield. Upon meeting them at Westfield, the plain clothes officers believed to be from the NIA took both of them to Serrekunda Police Station.
The source said the co-worker was released on that same day, but Morr Jagne was later transferred to the Kanifing Police Station. He added that Morr was later transferred on Friday 22 November 2013 to the National Intelligence Agency (NIA) headquarters in Banjul.
He said from then till now, he has no clear information about the whereabouts of either Morr or Bai Mass Kah and he has no access to them. Bai Mass Kah was arrested by the Police on Thursday 14 November 2013, at his residence in Latrikunda Yiringanya.
The reason(s) for his arrest are still not known. He is currently at the NIA.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11712 Posts |
Posted - 27 Nov 2013 : 21:11:51
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Mass Kah appears in court today on sedition charges
Published on Wednesday, 27 November 2013
(Update by the managing editor)
Bai Mass Kah, a messenger employed by the Foroyaa Newspaper, who has been held in custody since Thursday, 14 November 2013 will appear in court today to face charges of seditioN , police sources have indicated. Yesterday after a visit by the Managing Editor and Mass Kah’s wife, the wife was given the opportunity by the NIA to see her husband. Bai Mass Kah was handed over to the police and charged with sedition. He will appear at the Kanifing Magistrates’ Court today, 13 days after he was arrested, well beyond the 72 hour limit set by the constitution.
Mr Kah was arrested after a verbal exchange with two young people near his home, by the police at Latrikunda who handed him over to the Serrekunda Police, shortly after his arrest. He was reported to be under the custody of Deputy Commissioner Bojang who transferred him to Kotu Police Station where he was detained till 16 November 2013 when he was transferred to an unknown destination. On Monday, the police admitted that he was no longer under their custody.
This Managing Editor and his wife did seek and got confirmation on the same Monday that he was detained at the NIA headquarters, but the authorities claimed that it was a police case and that he would be handed over to the police once they completed their investigation.
He was held at the NIA Headquarters till yesterday, Tuesday when he was transferred to the police for prosecution. Meanwhile, sources have it that the only person who witnessed the Bai Mass Kah incident, Mr. Morr Jagne was released on Monday 25 November 2013, by the National Intelligence Agency in Banjul without charges preferred against him.
Morr Jange was arrested at the Westfield junction by plain clothes officers believed to be from the NIA who took him to the Serrekunda Police Station.
The source said his co-worker was released on the same day, but Morr Jange, a tailor, was later transferred to the Kanifing Police Station.
He added that on Friday 22 November, Morr was later transferred to the National Intelligence Agency (NIA) headquarters in Banjul where he was detained for 3 days before his release.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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