Lasana Jobarteh, 52, was sentenced by Magistrate Isatou Janneh of the Bundung Magistrates Court for broadcasting with licence. He was fined D50,000 in default to serve one year imprisonment. He was accused of giving information abroad using Skype while attending the political rallies of the opposition United Democratic Party at Buffer Zone in the Kanifing Municipality, Brikama and other places without a broadcasting licence. He pleaded not guilty to the charge.
Mr Darboe appealed on the ground that the magistrate “erred” in law in holding that Mr Jobarteh’s action did fall within the definition of broadcasting. “The learned magistrate did not address her mind to the definition of broadcasting before reaching the conclusion that what the appellant did falls within the definition of broadcasting. The magistrate failed to conclude that broadcasting could only be carried out by a broadcaster,” Darboe stated in his petition of appeal.
He added: “The learned magistrate was wrong in law to hold that the audience in the United States and United Kingdom who were connected to the appellant’s Skype account constitute the public for the purposes of the definition of broadcasting.”
When the case resumed yesterday, Darboe said he had filed a motion to regularise the appeal. However, the chief prosecutor informed the court that the state was opposing the motion. “We are opposing and we have filed a counter affidavit,” SH Barkun said in his riposte.
Replying, Darboe said he was not served with the counter-affidavit. The judge also said it was not in the case file prompting him to adjourn the case to December 16 for hearing of the motion.
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