The trial involving Pap Saine, the co-publisher and managing editor of The Point newspaper yesterday resumed at the Kanifing Magistrates Court presided over by Acting Principal Magistrate Sainabou Wadda-Ceesay.

When the case was called, the defence lawyer, Momodou Musa Drammeh, in his submission regarding the substituted charge sheet, told the court that the 1997 Constitution of The Gambia under Section 25 states that everyone has a right to freedom of speech and expression which includes the freedom of the media. "Your worship, the legislation that the charge sheet and the changed one brought against the accused contravenes the Constitution of The Gambia. As a result, I wish to refer the court to Section 127 of the constitution," he said.

He added that the issue of whether the charge is in excess or in contravention should be referred to the Supreme Court. He thus called for a halt to the criminal proceedings at the lower court, until the Supreme Court decides on the issue. Defence Counsel Drammeh further referred the court to the case of Sabally versus the Inspector General of the Police in the Gambia Law Report to back his submission.

The director of Public Prosecution, Richards Chenge, asked for a short adjournment to respond to the defence on the point of law. The case was then adjourned to April 3rd for continuation.