Magistrate Dismisses Prosecution's  Request To Remand Pap Saine!!!

…Magistrate Jahateh Says The Offence In Question Was A Bailable One.

Early Victory For Point's Co Proprietor

As  Pap Saine Pleads Not Guilty To Charges of False Publication and Broadcasting.

 By Staff Writer, Charles Williams & Gunjur Darboe Banjul

The embattled editor of the Point Newspaper, Pap Saine, who is also the Dean of Reuter news agency for West and East Africa, has on Wednesday 4th February, 2009 pleaded not guilty to the charges of false publication and broadcasting before Magistrate Sagarr Jahateh of the Kanifing Magistrate court. Saine who appeared focused on the dock, was supposed to be remanded in prison, pending further investigations, but the presiding magistrate overruled the prosecution's request. The magistrate posited that the offence in question was a bailable one and therefore refuses to entertain the prosecution's submission.

 The statement of offence stated that false publication and broadcasting contrary to section 181(A) of the criminal code cap 10 Vol.III laws of the Gambia 1990, as amended by the criminal code amendment Act number 18 of 2004.The particulars of offence also stated that "on or about 30th January 2009,as the Director\editor of the point Newspaper, you willfully, negligently or recklessly made a false publication in the said Newspaper with caption "Arrested Gambian Diplomat Now At Mile Two", which in content referred to one Lamin B. Sanyang alias Sabi, knowing that the said story to be false or does not believe to be true and therefore committed an offence.

Upon pleading not guilty to the charges, the defence counsel for the accused  Modou Musa Drammeh applied for bail but prosecutor Inspector Fadera opposed to the application, saying that investigations were still going on. Subsequently, Magistrate Jahateh ruled that the offence was a bailable one and granted the accused bail. Saine was granted bail with the sum of Fifty thousand dalasi (50,000), about $2000,  with a Gambian surety who should deposit his or her ID card. The case was adjourned to 19 February 2009, for hearing.

              Case Back Ground Information

 According to well placed police sources, both Mr. Saine and his judicial correspondent Modou Sanyang were arrested shortly after the publication of Lamin Sanyang's imprisonment and the appointment of Neneh Madwol Gaye as Gambia's Ambassador to the US.

Malamin Ceesay, head of the major crime Unit and his colleagues had earlier tried to obtain a confessionary statement from Sanyang saying that he was the author of the said story, but Sanyang categorically refused to admit responsibility.

Sanyang said our sources, was persuaded to write a statement that Pap Saine was the author of the story, which he did.  Mr. Sanyang was released without charges, but under strict agreement that he was going to serve as a prosecution witness against his boss Pap Saine. Sanyang later left for home uncharged.

                         Pap Saine in Hot Soup!!  

Minutes after Sanyang's departure from the police headquarters, said our sources, instructions were given for Pap Saine to be arrested. Saine was grilled over the veracity  of his story. He  maintains that the piece was obtained from reliable sources and was ready defend it at any level. Saine refuses to admit that his report was false, which led to his subsequent prosecution.

Mr. Saine faces similar charges in 1994, together with Reporter Alieu Badara Sowe, when the state dragged them to court on sedition charges. The journalists were accused of reporting false news, but the court freed both Saine and Sowe. The Point had earlier reported that there was a riot at the state central prisons in Banjul.

If found guilty, Saine will pay a fine of not less than D50,000 and not more than D250,000 or imprisonment for a term not less than one year, or to both such fine and imprisonment, as amended by the Criminal Code . 

 Pap Saine Begs Police Not to Send Him To Jail

Shortly after his arrest on Monday, the police command gave directives for Saine to be remanded in prison, pending the conclusion of the investigations, but Saine pleaded with the relevant police authorities not to send him to jail. Mr. Saine cites health related problems affecting him to avoid being jailed. Sources said Pap Saine made numerous pleas to the police in order to reunite with his family. He says his health condition was not that good and sending him to Mile Two might aggravate the problem.  The President of The Gambia Press Union Ndey Tapha Sosseh had to sign a bond on behalf of the embattled editor to facilitate his release from police custody.

The GPU President has made undertaken that she would ensure Saine’s presence in court, throughout the trial. That the accused will not jump bail.

Saine’s arrest and subsequent prosecution has been greeted with mixed reaction across the country. Many believe that Saine is a victim of state persecution, while on the other hand some said Pap Saine is a sympathizer of the regime who poses no threat to the Government.