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Alert

Witness testifies against journalist

(MFWA/IFEX) - On 27 July 2006, Samba Bah, the Gambia's former Interior Minister and head of National Intelligence Agency (NIA), testified against Lamin Fatty, a reporter of the bi-weekly Banjul-based newspaper "The Independent", who is standing trial for allegedly publishing "false information".

Bah told a Magistrate Court in Kanifing District in Serrekunda that even though the newspaper had retracted the erroneous story and apologized to him, he was not satisfied with the apology.

According to an MFWA-Gambia source, Bah could not convince the court why he did not institute a civil suit against "The Independent".

During cross-examination, Bah revealed that two police officers had gone to his house to take a statement from him. The said statement was tendered in court as an exhibit.

Defence lawyer Lamin Camara argued that it was strange that Bah was serving as a state witness and not as the complainant. Bah, however, replied that, "It could be both. I could have gone to a civil court if I so wished and the government also can take the matter to court."

Fatty is charged under section 181 of the Criminal Code, which was amended in 2004 to make the publication of "false information" a crime. He faces a minimum of six months in jail, without the option of a fine if found guilty.

Fatty was arrested on 10 April, following an article he wrote in the aftermath of an alleged coup attempt in May. The story erroneously reported that Bah was among a number of people arrested by the government in the wake of a purported coup attempt.

The newspaper subsequently ran Bah's response and its own apology. "The Independent" has not been able to publish since 28 March, when Gambian police sealed its offices, and detained general manager Madi Ceesay and editor Musa Saidykhan. Saidykhan and Ceesay were kept in NIA custody for three weeks before being released on 20 April without charges.

The trial will continue on 3 August.