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Gambian editor arrested and charged after photographing defendants outside court

A Gambian journalist faces up to a year in prison after he was arrested at the Banjul Magistrates Court on 11 March for photographing two defendants as they exited the building — a routine act of newsgathering that press freedom organisations say falls entirely within the law.

Momodou Justice Darboe, editor of the online publication Jollof News Online, had attended the court to cover a hearing involving two Austrian nationals charged with disobeying lawful orders. After the session concluded, Darboe photographed the accused as they left the courtroom. He was then attacked from behind, he told the Gambia Press Union (GPU).

“My phone was wrenched from my hand by Abdoulie Sanneh, the Commissioner for Police Prosecutions. I was then arrested.”

Darboe sustained injuries to his hands during the incident. He was subsequently detained at Banjul Police Station for six hours before being released on self-bail. Police have charged him with assaulting a police officer — an offence that carries a maximum sentence of one year under The Gambia’s Penal Code.

The GPU, in a statement condemning the arrest, noted that while photographing inside a courtroom may constitute contempt of court, no law in The Gambia prohibits journalists from photographing accused persons in public spaces outside the building. The union called on police to drop all charges against Darboe and to withdraw the bail conditions requiring him to report regularly to Banjul police station.

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The International Federation of Journalists (IFJ) has joined the GPU in denouncing the action. IFJ General Secretary Anthony Bellanger described the arrest as an unnecessary and disproportionate use of force.

“Darboe’s arrest is an unnecessary display of reckless and brutal force by the police, often used to intimidate and harass journalists and media workers. Journalist Darboe acted in good faith, based on the public’s interest and right to know.”

Both organisations are calling for the immediate and unconditional dropping of the common assault charge and an end to what they characterise as a pattern of intimidation against journalists carrying out their professional duties in The Gambia.

The case comes amid ongoing concerns about press freedom across West Africa. The GPU has urged the Gambian authorities to uphold their constitutional commitments to freedom of expression and to ensure that journalists are not criminalised for performing their public interest function.

Darboe has not entered a plea. No date has been set for further court proceedings at time of publication.

By The African Mirror

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