The criminal trial of the seven journalists charged with six counts of sedition and criminal defamation, among others, will resume today, July 20, 2009, before Justice Joseph Wowo of the High Court in Banjul.

On the last adjourned date, July 10, 2009, DPP Richard Chenge amended the charge sheet, putting in place the amendment in Section 52 and 178 of the Criminal Code as amended by the Criminal Code Amendment Act 2005.

The DPP had argued that section 112 is a relevant section in The Gambia on the issue of whether conspiracy and the substantive offence can be charged on the same sheet. Under section 112, the DPP explained, any offence can be charged together with another so long as they were committed on the same transaction. He cited the case of Mballow Kanteh and others in which they were charged with conspiracy and treason and convicted.

He further cited the case of Obiako versus the State, in which charges of conspiracy and substantive offence were put on the same charge sheet. Antouman Gaye, who led the defence team for 6 accused persons, however raised another preliminary objection that the proof of evidence attached to the charge did not show any offence committed by the accused. Gaye noted that there was no averment in any of the charges as to what the accused did.

The DPP then replied that an NIA officer was going to tender the newspaper publications and that the publication in the newspaper amounted to sedition and criminal defamation. DPP Chenge noted that the averments required under section 51 (C) of the CC and section 178 of the criminal code were in the charges and that these are publishing materials with intent to bring the president and the government of The Gambia into contempt, hatred and ridicule.

DPP Chenge further noted that as far as the prosecution was concerned the publication was capable of doing that and it was left to the court to interprete whether it was capable of doing that at the end of the trial. The court then ruled that all the submissions raised by Lawyer Gaye regarding the objections were dismissed, noting that his objections were premature at that stage.  He then ordered the accused to take their plea on a new charge sheet which had increased the counts from five to six.

The accused persons took their plea and the DPP then applied that the evidence of the prosecution's first witness be taken in camera because he is a security officer.  Mr Gaye did not object but the sixth accused objected but his objection was dismissed. The seven journalists are Ebrima Sawaneh, Pap Saine, Sarata Jabbi-Dibba, Pa Modou Faal, Abubacarr Saidykhan, Sam Sarr and Bai Emil Touray.