__________________
UPDATE - GAMBIA
13 June 2007
Convicted journalist briefly detained for failure to pay fine, later
released following press union's intervention
SOURCE: Media Foundation for West Africa (MFWA), Accra
**Updates IFEX alerts of 8 June and 24 May 2007, 21 and 13 November, 1
August, 12 June 2006 and others**
(MFWA/IFEX) - Lamin Fatty, a reporter with the banned newspaper "The
Independent", who was convicted of publishing false information, has filed
an appeal at a High Court in Banjul against his conviction.
MFWA sources indicated that Lamin S. Camara, counsel for Fatty, appealed
against the ruling immediately after the judge delivered it on 5 June 2007.
The Kanfing District Magistrate Court, presided over by Buba Jawo,
convicted and fined Fatty, who has been unemployed for more than a year,
50,000 Gambian Dalasi (approx. US$1,850), or a year's imprisonment in
default.
MFWA sources said due to Fatty's inability to pay the fine, he was taken to
Mile Two Central Prison in the outskirts of Banjul and detained for about
three hours. He was released after the Gambia Press Union (GPU) paid the
fine.
GPU President Madi Cessay slammed the court's ruling. "It is not good for
the country's image. Gambia already ranks second in the league table of
countries with bad press freedom record," he lamented.
Cessay further disclosed that the GPU would soon challenge all repressive
media laws in the country's courts.
Fatty made his first appearance in court on 12 June 2006 after he was
arrested and held incommunicado for more than two months, far in excess of
the 72 hours stipulated in the 1997 Gambian Constitution for citizens to be
detained without trial.
In its 24-26 March 2006 edition, "The Independent" erroneously reported
that Samba Bah, a former functionary of the Gambian government, was among a
number of people arrested by the government in the wake of a purported coup
attempt. Following Bah's denial, the newspaper retracted the story and
apologized to him.
The police soon thereafter raided the offices of "The Independent" and
arrested all staff members, including Cessay and Musa Saidykhan, general
manager and editor-in-chief, respectively. They were subsequently released
without charge. Fatty was arrested by the Gambian police on 10 April 2006
and was illegally detained for 63 days.
On 27 July, Bah could not convince the court that he had good reason to not
institute a civil suit against "The Independent" when he was not satisfied
with the apology.
Defence lawyer Camara pointed out that it was strange that Bah was serving
as a state witness and not as the complainant. Bah, however, replied, "It
could be both. I could have gone to a civil court if I so wished and the
government, too, can take the matter to court."
The case which lasted for 12 months saw several adjournments, prompting
Fatty's lawyer to consistently complain that it was dragging on for too
long.
For further information, contact Jeannette Quarcoopome, Media Foundation
for West Africa, 30 Duade Street, Kokomlemle, P.O. Box LG 730, Legon,
Ghana, tel: +233 21 24 24 70, fax: +231 21 22 10 84, e-mail:
events@mfwaonline.org, Internet: http://www.mfwaonline.org
The information contained in this update is the sole responsibility of
MFWA. In citing this material for broadcast or publication, please credit
MFWA.
__________________
DISTRIBUTED BY THE INTERNATIONAL FREEDOM OF EXPRESSION
EXCHANGE (IFEX) CLEARING HOUSE
555 Richmond St. West, # 1101, PO Box 407
Toronto, Ontario, Canada M5V 3B1
tel: +1 416 515 9622 fax: +1 416 515 7879
alerts e-mail: alerts@ifex.org general e-mail: ifex@ifex.org
Internet site: http://www.ifex.org/
