Malamin Ceesay, Assistant Superintendent of Police and Officer Commanding of Major Crime Unit, yesterday testified in the ongoing case against Lamin Fatty, former reporter with The Independent. The case was presided over by Magistrate Buba Jawo at the Kanifing Magistrates’ Court.

In his testimony, ASP Ceesay told the court that he knew the accused and that he was arrested in the month of March 2006, for false publication and broadcasting. He recollected that the caption of the paper, dated 24th-26 March 2006, was “23 Coup Plotters Arrested.” He said the coup plotters mentioned in the said story included Samba Bah, a former NIA Director.

He affirmed that the accused was the reporter who produced the story. He further stated that the element of false reporting in the story concerned with the claim that Samba Bah was arrested. He said that Samba Bah was never arrested in connection with the failed coup of the 21st March, 2006, adding that Samba Bah’s picture was published in The Independent newspaper alongside the alleged coup plotters. He explained that as the officer in charge of the investigation, he investigated the case and submitted the report.

He further adduced that Samba Bah made a statement at the police indicating the embarrassment and shock the publication had caused him and his family. He said that subsequent investigation at The Independent offices, involving the questioning of Madi Ceesay, they found out that the story was written by the accused.

He went on to say that he saw the publication of the issue where the accused person’s story was published. He added that he saw the publication of the where the said story was published, disclosing that he interviewed Samba Bah and Madi Ceesay, Managing Director of The Independent newspaper. At this juncture, he identified the issues where Samba Bah’s picture was published. He said a report was submitted at the end of their investigation.

Under cross-examination, he said he personally investigated the matter. He said he did not take statements from Samba Bah but instructed someone to do so. He said Samba Bah did not complain to the police and it was the subject of investigation that led Samba Bah to make a statement. He said that though he met the accused at the police headquarters, he could not remember when he met him.

He said he could not remember how many times the accused was arrested but that he gave instructions for the arrest of the accused. He recalled that the accused was detained at the police headquarters in Banjul, adding that he was at one time taken to the NIA headquarters.

After reading Samba Bah’s statement in court, he said he did not see where Samba Bah had stated that the accused published the story. He further said that The Independent media Ltd published the story of the accused. He said the accused did not publish the story. Prosecutor 1748 Mballow at length announced that he has closed his case.

Lawyer Camara, the defence counsel, told the court that he would come up with a no-case submission on the adjourned date, 16th April, 2007.