By Nicholas Bass
Mariama Cham Phatey, the mother of Samsudeen Phatey, a former banker who is a PW1 in the unauthorized publication case ongoing at the Brikama Magistrates’ Court presided over by Magistrate Peter Adoh Che, has told the court that she was given a power of attorney by the complainant, Samsudeen Phatey.
She affirmed this at the proceeding of the case last week during questioning by the complainant’s lawyer Malick HB Jallow in the case which involved FatouTouray, the Chief Executive Officer of Kerr Fatou, and FatoumattaDrammeh of Paradise Television Station.
However, Lawyer Jallow pleaded that before they admit a copy of the power of the attorney of the PW1 for the complainant as an exhibit he said he would wish to affirm its particulars before the court.
Abdul Aziz Bensouda, lawyer of the two accused, FatouTouray, the Chief Executive Officer of Kerr Fatou, and FatoumattaDrammeh of Paradise Television Station, objected to tendering of a duplicate copy of PW1’s power of the attorney for the complainant, SamsudeenPhatey as an exhibit stating that the original copy of PW1’s power of attorney for the complainant should be tendered to the court as an exhibit instead of a duplicate.
In his intervention, Magistrate Peter AdohChe stated that the judiciary notices are given on notorious cases and such power is given during special holidays such as Christmas, Tobaski, Easter, and so on. He noted that the court cannot stand to test PW1’s power of attorney for the complainant, SamsudeenPhatey. He added that the plaintiff’s Counsel Malick H.B. Jallow was pleading to the court to acknowledge a copy of the power of the attorney as an exhibit for his witness. He, therefore, ruled that the original copy of the power of attorney can be tendered as an exhibit when it is available.
Then the PW1 went on that both FatouTouray and FatoumattaDrammeh made unauthorized publications of the court case of Neneh J. Thomson with SamsudeenPhatey concerning a minor (unnamed) at the Brikama Children’s court.
“The 1st accused, FatouTouray made an interview with the late Pa Nderry (the founder of Freedom media) online Freedom media where she participated during the interview as an interviewer with Neneh J. Thomson concerning the ongoing child case proceedings at Brikama Children’s court,” she testified.
She went on to explain that the 1st accused, FatouTouray made another publication on her Facebook page stating that “people who think they are rich always want to use the judiciary to get whatever they want. And that the 1st accused also made a live video on her Facebook page where she attacked me and she stared up Neneh J. Thomson (one of the accused persons) to lay a big accusation against me and my family.”
PW1, Mariama Cham Phatey in her testimony informed the court that the 2nd accused, FatoumattaDrammeh similarly had an interview with Neneh J. Thomson (one of the accused persons) on Paradise Radio where she participated as an interviewer. She noted that EbrimaJambang downloaded the files for her.
On the contrary, Lawyer Aziz Bensouda for the accused persons objected to the allegations made by PW1, Mariama Cham Phatey, against his clients concerning the unauthorized publication of a child’s proceedings at the Brikama Children’s court. He noted that there was no criminal court hearing at the Brikama Children’s court in November 2020.
However, Lawyer Aziz Bensouda reminded PW1 of signing an affidavit dated 23rd September 2021 where the five accused including FatouTouray and FatoumattaDrammeh were addressed. “We humbling applying to tender the affidavit dated 23rd September 2021 as an exhibit,” Lawyer A. Aziz Bensouda pleaded to the court.
Lawyer Malick H.B. Jallow was up and objected to the application of the Lawyer Bensouda saying that they were not in the court to determine the power of the attorney which was given to PW1 by SamsudeenPhatey at his stage, reminding the court of the criminal charge filed before the court against the 1st and 2nd accused, FatouTouray and FatoumattaDrammeh regarding the unlawful publication.
However, the presiding Magistrate declared that the affidavit is valid to be admitted as an exhibit it was marked as exhibit DSP1.
Lawyer Abdul Aziz Bensouda, therefore, wastes no time to apply for an adjournment.
Magistrate Ado Che, therefore, adjourned the case to the 13th of September 2022 for continuation
Meanwhile, according to the particular offense of the case, FatouTouray and FatoumattaDrammeh were accused of unauthorized publication of proceedings at the Children’s court contrary to section 73(1), and is punishable under section 73 (2) of the Children’s Act 2005.