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Momodou
Denmark
11855 Posts |
 Posted - 23 Apr 2008 : 20:42:50
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NIA Operative Testifies in Fatou Jaw Manneh’s Trial
By Fabakary B. Ceesay
The protracted sedition trial of Journalist Fatou Jaw Manneh has resumed at the Kanifing Magistrates Court, after several months of dragging from one court to another. The case resumed on Monday, 21 April, at Kanifing Magistrates’ Court presided over by Principal Magistrate Buba Jawo.
The third prosecution witness (PW3), a National Intelligence Agency operative ( name withheld) said he came to know Fatou Jaw Manneh on the 28 of March 2007. He said he was assigned to investigate and handle Fatou’s case and that he was informed that Fatou was supposed to arrive at the airport on that date. He said that Fatou was taken to the NIA in Banjul upon her arrival at the airport from the United States. He told the court that during their interrogation at the NIA office in Banjul, he requested for Fatou’s passport to confirm her name. He said the passport indicates “Fatou M. Darboe”; that Fatou told him that “Darboe” is her marital name. The Operative said that Fatou told him that she is a Banker in the USA. He said that when he enquired from Fatou whether she, write articles, she responded in the positive. He said that when he asked Fatou about her newspaper articles, Fatou told him that she can access them if she had internet facility. The Operative said that Fatou later browsed the net, printed an article and handed it over to him; that he asked Fatou whether that was her article and she replied in the positive. He said that Fatou told him that she posted the article in the internet. He said he took the article and gave it to the investigating officers, Pw1, to obtain a statement from her. He told the court that a case file was later compiled.
Going further in his testimony, the NIA Operative said on the 17 May, he browsed the internet to confirm whether the said article was still posted in the net, noting that he found that it was there. PW 7 said he printed it out with all the features of the website it was posted in and gave it to the investigator. He said that he could not remember when a complaint about Fatou’s articles was lodged at their office, but that they had information that she has been posting articles on the internet which are against The Gambia government. He added that he was asked to investigate the matter, adding that he was informed by their office that they have been receiving complaints from the public about Fatou’s articles and that he was obliged to investigate the matter and forward the case file to the Attorney General’s Chambers.
The State Security official said that when he read the article, he came across the allegations against the head of state of The Gambia. He said that he, could not find any reason given in the articles to back her allegations against the president; adding that he found out that the allegations are not true; that the computer from which he printed the articles is in a working order.
At this juncture, the State Counsel, E.O Fagbenle, sought to tender the passport and the article printed by Hydara, dated 17 May 2007,but the defence counsel, Lamin Jobarteh, objected to the tendering of the said article. Jobarteh said he had no objection about the passport but that no foundation has been laid as to the whereabouts of the original copy of the said article. Jobarteh argued that the state did not lay any foundation as to why they could not produce the original copy. “It cannot be qualified as secondary evidence to prove that of the primary evidence, this witness is not a computer expert,” said Jobarteh. He cited section 22 of the Evidence Act to back his claims. The state counsel Fagbenle maintained that the witness has already testified that he accessed the internet and downloaded the article on the 17 May 2007; that the witness is the best person to tender it. Fagbenle argued that the witness testified that the accused also retrieved the same article from the internet on the 29 March 2007. He also cited section 101, sub-section (1) B of the Evidence Act to back his arguments. “The document sought to be tendered is relevant to the case before the court and can be admissible,” challenged Fagbenle.
The Presiding Magistrate, Buba Jawo ruled that the document sought to be tendered by the state is a certified copy and is admissible. The passport and the said document were tendered as Exhibit C and C (1), respectively.
Readers could recall that Journalist Fatou Jaw Manneh is standing trial since 3 April, 2007. The case has been dragging at a snail’s pace and moving from the Kanifing and Banjul Magistrates’ Courts, the High Court and back to Kanifing.
Source: Foroyaa Newspaper Burning Issue
Issue No. 47/2008, 23 – 24 April 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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