Point Editor Asked To Appear In Court Monday, Following Friday’s Publication

JUSTICE AMADI OUTRAGED BY POINT PUBLICATION!!!

By Staff Reporter Bakary Gibba & Pa Nderry M’Bai

Email: panderrymbai@gmail.com

Tel# 919-749-6319

The Banjul based private Newspaper, the Point Newspaper Editors have been summoned by the High Court, following its Friday lead story in which the paper quoted defense Lawyer Borry Touray as having said that his client former police chief Essa Badjie was tortured while in state custody.  The news report doesn’t go down well with Justice Emmanuel Amadi. The High court judge on Friday issued a legal notice—summoning the Point Editor to show up in court and defend the said story. The judge said there was no mention of torture in counsel Touray’s address in court and therefore wondered where the Point obtained  the story from. The Foroyaa Newspaper also reported about the said torture claim story being associated to former police chief Essa Badjie, which was revealed in court by Lawyer Borry Touray.

The Point in its Friday and Saturday Publications, in a lead story “captioned “My Client Was Tortured in order  to Obtained Statement,” quoted Lawyer Borry Touray for  having strongly lamented the mistreatment meted out to his client by state agents while in custody. Link to the Point story:

http://thepoint.gm/africa/gambia/article/my-client-was-tortured-to-obtain-statement-says-defence-counsel   

This is the first time in history that a police chief is claiming torture in The Gambia, where the Government has been living in denial over the years on torture allegations leveled against the establishment by rights activists. 

Ensa Badjie, Lt Colonel Mam Matarr Secka and Major Kuluteh Manneh are standing trial on sedition, abuse of office, economic crime, and drug trafficking. The men served in key positions in the nation’s security forces.

At the resumption of the case Friday, High court judge Amadi asked Lawyer Touray if he was the very one who made the torture remarks against his client during the last court sitting, but Mr. Touray said he was not recording his address on the day in question.

 “I want to verify the Point reportage because the press cannot appear to the court and put pen to paper whatever they want to put in writing and for the interest of the people who are on the street so as to know what has transpired in the court,” said Justice Amadi

The Judge who provided a copy of the Point newspaper publication to Lawyer Borry S Touray,  before the court appeared very angry. He registered his disappointment about the Point story.

However, Lawyer Touray said he could not substantiate whether he (Borry Touray) made the torture statement in court—adding that he doesn’t have the sitting’s proceedings recorded. 

 “My lord, allow me to land: I cannot ascertain that, because the media is not on trial, neither myself. I have executed my duty with all respect during the course  of the trial,” said defense lawyer Borry  Touray. But the judge was unwilling to buy Mr. Touray story. He insisted that the prosecution should call their next witness, while in anticipation that the Point would show up in court to explain where they obtained the said torture story from.

Pap Saine is the co founder and Managing Editor of the Point Newspaper. When contacted Mr. Saine said he is not the news editor for the Point. He advised this reporter to reach Ebrima Sawneh, who was indisposed for comments when contacted. 

Both Mr. Sane, and Sawaneh were convicted and sentenced alongside with four other journalists by a magistrate court in Kanifing, for defaming the President Yahya Jammeh. The journalists reported a press release issued by the journalist body, The Gambia Press Union condemning President Jammeh’s irresponsible comments that those concerned about the killers of Deyda Hydara should visit the late journalist in his grave and ask him. The journalists were later granted amnesty by the President after serving one month in jail.

Meanwhile, a police officer Jawo Keita appeared in court on Friday and testified at length.  The witness said he obtained statements from the accused persons. He was cross examined by defense Lawyer Lamin Kadi Mboge.

The trial Judge has adjourned the case to Monday August 9^th  2010 for continuation. He also maintains that the Point Editor must appear in court on Monday to clarify the story.