THE GAMBIA: FATOU JAW MANNEH'S TRIAL CONTINUES

C O N F I D E N T I A L BANJUL 000207

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/23/2017
TAGS: PHUM PGOV KMCA KDEM GA
SUBJECT: THE GAMBIA: FATOU JAW MANNEH'S TRIAL CONTINUES

REF: BANJUL 200 AND PREVIOUS

Classified By: Pol/Econoff Menaka M. Nayyar for Reason 1.4 (b and d)


1. (U) The trial of U.S.-based journalist Fatou Jaw Manneh,
accused of sedition, resumed on April 20 with a closed court
session, during which an officer of the National Intelligence
Agency (NIA) continued his testimony from April 13.
Journalistic accounts of the session report that the witness
discussed his conversation with the defendant during her
interrogation at the NIA. The witness also allegedly refuted
Manneh's derogatory comments about President Jammeh in her
2004 press interview, which are being used as evidence of
sedition. (NOTE: As previously reported, the offending text
comes from a 2004 press interview given by Manneh, but in the
court it is cited as an October 2005 document. The text
cited is the same. END NOTE) The trial is set to resume
Friday, May 4.


2. (C) A reliable source was able to gain access to the
session, despite its closed status. The source indicated
that the defense counsel, Lamin Jobarteh, objected to the
witness's generalizations about Gambians' supposedly positive
view of Jammeh -- in contrast to the defendant's criticisms
of him -- and tried to discredit him as an unreliable
witness. Jobarteh also demonstrated that the witness was not
aware of the meaning of at least one of the crucial terms
used by Manneh in her anti-Jammeh commentary, arguing that
knowledge of the word was necessary to giving a valid opinion
on that commentary.


3. (C) On April 19, Poloff met with Manneh's lawyer, Lamin
Jobarteh, to discuss the case and his client's prospects.
Jobarteh expressed serious concern for the safety of his
client, and admitted he had received threats regarding his
own personal safety. Regarding the trial, Jobarteh noted the
use of the articles cited as evidence did not comply with the
Gambian law with respect to evidentiary procedure. He was
pessimistic as to the trial's outcome, stating it was clear
to him that Manneh would be convicted and describing the
proceedings as a "show trial" without basis for the stated
charges of sedition. Jobarteh also asserted that should
Manneh be convicted she will have the right to appeal, but he
doubted that her appeal would have any chance of success.

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COMMENT
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4. (C) It had appeared that this trial would be concluded
quickly, but the two-week hiatus until the next session
suggests otherwise. It is particularly noteworthy that
Manneh's lawyer seems to be convinced that she will be
convicted despite the scanty evidence, faltering testimony of
the NIA witness, and generally weak case against her. The
lawyer, Jobarteh, did not indicate what his strategy would be
at the next session. We note that to date neither side has
presented testimony bearing directly on the charge of
sedition against Ms. Manneh, i.e. whether her criticisms of
Jammeh in her press interview were in fact seditious
statements. An Embassy official will attend the May 4 session
if it is possible to gain access to the courtroom. Post will
continue to monitor the trial and treatment of Ms. Manneh and
provide updates. END COMMENT
STAFFORD