(MISA/IFEX) – On 25 May 1998, the Botswana Attorney General, Phandu Tombola Chaha Skelemani, withdrew all charges against the former editor of the “Okavango Observer”, Caitlin Davies, and reporter Letswetswe Phaladi. Davies and Phaladi, along with another employee of the paper, Andrew Dooley, and the owner, Anne Sandeberg, were charged two years ago with publishing […]
(MISA/IFEX) – On 25 May 1998, the Botswana Attorney General, Phandu Tombola
Chaha Skelemani, withdrew all charges against the former editor of the
“Okavango Observer”, Caitlin Davies, and reporter Letswetswe Phaladi. Davies
and Phaladi, along
with another employee of the paper, Andrew Dooley, and the owner, Anne
Sandeberg, were charged two years ago with publishing false statements in
violation of Section 59 of Botswana’s Penal Code.
**Updates IFEX alerts of 16 and 9 December 1997, and 3 September 1996**
In a directive issued by the Attorney General and dated 8 May, he said that
there was not
sufficient evidence to prosecute and hence his decision to stop and
discontinue all criminal proceedings against the two.
The withdrawal came after Davies had made seven court appearances, with the
case being postponed each time. Despite the fact that the Attorney General’s
directive
was dated 8 May, Davies and her co-accused only got to know of it when they
were told to appear in court on 25 May.
Background Information
On 29 September 1995, the now defunct “Okavango Observer” newspaper
published a front page story headlined, “Terror Squad Shocks Maun.” The
article reported on the alleged existence of a gang of youths calling itself
“Ma Western” and whom the paper alleged were terrorising residents of Maun.
On 19 January 1996, a Criminal Investigation Department (CID) officer
informed Davies that she was “under arrest.” Davies was asked to write a
statement regarding an “alarming publication” and was told to bring it to
the police station on 22 January 1996. Andrew Dooley, who was in charge of
advertising and layout at the newspaper, was also asked to go to the police
station, as was the owner, Anne Sandeberg, who refused.
More than a year later, on 9 December 1997, CID officers went to Davies’
husband’s office and said she should report to the CID that afternoon. She
did, and was instructed to appear at the Maun Magistrate’s court the
following morning. She was informed that the matter concerned an “alarming”
article. Davies was never arrested and was only given a verbal summons to
appear in court. She was not allowed to look at the police docket, but was
told that “the police have denied” talking to the “Okavango Observer” in
September 1995.
On 10 December 1997, Davies and Phaladi appeared in court before magistrate
Chris Gabanagae. Davies and her co-accused were charged under Section 59 of
the Penal Code, which reads: Any person who publishes any false statement,
rumour or report which is likely to cause fear and alarm to the public or to
disturb the public peace is guilty of an offence.”
