Nkemayang Paul versus Ndi Ndi and Sone Bayen

Is Franklin Sone Bayen on the run? Who is violating court’s injunction on pre-judicial comments?

Many journalists, especially those of English expression have had a sour taste in their mouths, frowning at The Times Journal for claiming last month that Franklin Sone Bayen is on the run, evading justice over the World Press Freedom Day donations scandal. The story in the Journal of Monday 18 August 2014 was titled, “Wanted: Franklin Sone Bayern on the run”.

Considered by many journalists and lawyers as a violation of an injunction by the trial judge against pre-judicial comments, the article claims Bayen is on the run simply because he had not appeared in court on the first two hearings. The Times Journal story also appears to have broken a “truce” observed by journalists.

Seeing the swell of comments in newspapers, on the CAMASEJ mailing forum and in social media especially Facebook, most of them highly critical of Nkemayang for taking a purely press matter to court, the trial judge, Magistrate Esther Ayuk ruled on 6 August when the matter came up for the second time that any further comments on the matter may be prosecuted as pre-judicial comment.

While journalists were wondering whether the court could restrict and track even social media comments, a period of “truce” was observed when some colleagues pleaded that efforts were underway to resolve the matter out of court, so warring parties should refrain from publishing further comments that could inflame tempers. So has that truce now been broken?

The Times Journal is edited and managed by John Mbah Akuroh who is also cited in the scandal and is a major prosecution witness for Nkemayang. Lawyers familiar with media law say his article is a veritable defamation against Bayen, Founder/Editor in Chief of Media people.

Bayen is the second accused in the case. Paul Nkemayang, Publisher of The Star, is suing him and first accused Eugene Ndi, Editor in Chief of NewsWatch for alleged defamation. The matter comes up for the fourth time next week, on 10 September in Limbe.

A female journalist in Buea wondered what Bayen could possibly be running away from seeing he is not even the main accused and the accusation is a misdemeanor, of minute consequence, not a felony. Bayen is only brought into the matter because his newspaper which is focused on media issues, culled a protest by Eugene Ndi already widely circulated on Facebook, already read all over the world. He neither wrote nor edited the story and Ndi is not on his staff.

“Murder suspects and big-time embezzlers are not said to be on the run but a silly media matter is given such disproportionate importance, just to sully someone’s image. Is there something else to this?” she wondered.

More important, is Bayen on the run or can he be said to be on the run? It may come down to a technicality. Several lawyers we have spoken to, who prefer not to be named, say service of a summons is personal and until Bayen is served or proof presented that he is evading service, he cannot be considered to have been served. He may not voluntarily appear in court.

Meanwhile, a Press Release issued on 26 July by Mediapeople reporter Abanda Mbanda four days ahead of the first appearance and published only in The Post newspaper of 28 July 2014, states that a bailiff tried to use crooked means to serve Bayen through Ndi in Yaounde. There has been no further known attempt to serve Bayen. Nkemayang submitted a page of The Post with the Press Release in court as evidence that Bayen is aware of the summons.

Lawyers also explain to The Median that when a bailiff cannot serve an accused in person for lack of a trace, the Law provides for Substituted Service. “This includes but not limited to emailing it directly to the accused or publishing it in a widely read newspaper,” said a Buea-based lawyer.

Some journalists have been wondering why Nkemayang who has been in possession of the summons for weeks and owns a newspaper, has not published the summons, but hastens to court to obtain a bench warrant against Bayen. Similarly, The Times Journal fails to publish the summons, but publishes a “Wanted” story.

The Median has also learned from sources in Limbe that Nkemayang went to Bayen’s office in Limbe on 14 August and deposited a copy of the bench warrant and told his colleagues menacingly that he will be arrested.

“So, if Nkemayang knew Bayen’s address in Limbe, why did he prefer to use the method of trying and failing to serve him a summons through someone else in Yaounde and claiming he is on the run?” a colleague wondered.

We understand Bayen has been working and living in Limbe since 2012 and has only been frequently in Yaounde lately for research. Even when he is in Yaounde, it is common knowledge among journalists in Yaounde that Bayen does interact a lot. “So, is there more matter than meets the eye in this matter?” many journalists have wondered aloud.

In a Press Release issued by Media people and signed by Abanda Mbanda he claimed that, “We have reason to believe this alleged summons at short notice is an attempt to silence Media people from carrying on with its investigations into the way media associations are managed and mismanaged.”

Many journalists watching the case unfold in Limbe say they believe Nkemayang who has been roundly criticized for prosecuting colleagues is now determined to land a non-press related charge, maybe Contempt of Court, against Bayen.

Bayen turned down The Median’s request for comment, asking us, “Have you heard me speak since this matter started? When comments flooded Facebook and the CAMASEJ forum did you see any from me? I know where and when to speak. Please bear with a journalist who refuses to give a colleague comments for a story. There will be time for comments. Better if you withheld your story until then.”

Many journalists in Yaounde have told The Median they have been trying to engage Bayen in conversation on the phone and in Facebook chats, but he has maintained an unusual silence, perhaps reason for the conclusion that he is on the run.

However, by press time yesterday, a source hinted The Median that Bayen was in Limbe on the day of the 2nd hearing on Wednesday 27 August 20014 but said he failed to make it in court due to confusion on venue and time. But the source also hinted that Bayen was subsequently granted bail and will appear in court for the next hearing on 10 September 2014.