The appeal case of Lamin Fatty, reporter of the closed Independent Newspaper, was yesterday November 11, 2008 delayed because the Clerk of the Appeal Court forgot to include the case on the list of court cases to be heard that day.

The case was consequently adjourned to November 18, 2008.

Media Foundation for West Africa (MFWA) source reported that on November 14, 2008 both the state prosecutor and Fatty’s counsel told the Banjul- Appeal Court that they had not received the records of proceedings but the presiding Judge Mr Joseph Wowo tasked both parties to do "every thing possible to get the proceedings."

Lamin L.S Camara, counsel for Fatty, argued that he did everything possible to obtain the proceedings but to no avail. He added that their role as appellants was to file their case, and that the court should endeavour to provide the proceedings.  

Fatty was convicted by the dismissed Magistrate Buba Jawo of the Kanifing Magistrate Court on June 6, 2008 on a charge of publishing false information. He was fined D50, 000 (about US$2500) or in default, serve one year imprisonment. He was briefly sent to Mile Two Central Prison and released after the fine was paid by the Gambia Press Union. He subsequently decided to challenge the verdict of the subordinate court in the Banjul High Court.

Media Foundation for West Africa