11. In respect of the matter concerning President Thabo Mbeki, the defendant stated that this was a calculated and mischievous attempt to plant seed of discord and contempt between The Gambia and South Africa. The general traverse is sufficient to put the plaintiff to strict proof of all averments contained in the application. 12. The defence also delved into arguments which should not be engaged in during pleadings; the arguments will be considered during the analysis of the case. The court reiterates that the pleadings should be confined to a concise and precise presentation of facts and brief summary of evidence in support including references to documents. All arguments shall be reserved for the oral phase of the proceedings. Reference is hereby made to Articles 33 and 35 of the Court's Rules of Procedure. Oral Procedure 13. The plaintiff (PW1) gave oral testimony and called a medical doctor (PW2) to give expert evidence. They put in some documents, including medical certificates to buttress the plaintiff's case. The defendant did not proffer any evidence. Instead they tried to put across their case during the cross examination of the plaintiff and his witness, whilst at the same time trying to punch holes in the plaintiff's case and attack his credibility. Let us now examine the evidence. 14. At the hearing on the 3rd June 2010, plaintiff gave evidence by himself and called one expert witness. The plaintiff stated that he was at home in Banjul, The Gambia on the 27th day of March 2006 when security operatives and police officers invaded his home around midnight and arrested him. He indicated that he was first taken to the National Intelligence Agency Headquarters in Banjul and subsequently to different detention centres. 15. Plaintiff posited that he was interrogated by the Director of National Intelligence Agency, Captain Saceed. Thereafter he was tortured around 2:00 am on the nights of 8th and 9th April 2006 by a group of soldiers, part of the President's own bodyguards and led by Lieutenant Musa Jammeh and RSM Tumbo Thamba. Plaintiff made it known that he was stripped naked and beaten with stinks. Further, he was also dragged on the floor and electric shocks were administered on his body. He also intimated that his right hand was broken and was also threatened with death, the soldiers claiming that they had already killed and buried some suspects. 16. He went on to state that he was questioned as to the reasons for his arrest but he replied that he did not know. According to him, the soldiers then told him he was being tortured because he was a traitor and had tarnished the image of the country by telling the former President of South Africa, Thabo Mbeki that there were human rights violations in The Gambia, and in particular that the Gambian government was responsible for the killing of the Point Newspaper Editor, Hydara. He responded by telling the soldiers that he was not a traitor and all that he told Thabo Mbeki was that there were human rights violations in the country which were not being investigated by the Gambian government including two arson attacks on his newspaper and the killing of Deyda Hydara. Further, Plaintiff said he was told by the soldiers to assure them that he was going to stop practising journalism but he declined that request. 17. Plaintiff continued his testimony that about a week later the soldiers brought Lamin Laddy, a reporter of the Independent Newspaper and Madi Ceesay, the General Manager of the Independent Newspaper and himself together and tortured them. He stated that he was told that they have put the three of them together because their newspaper published a story about the failed coup attempt on 21st March 2006; that the story contained a lot of errors and was not factual. He went on to say that this time electric shocks were administered on his whole body, including his genitals until he became unconscious and went into a coma for about thirty minutes. 18. The plaintiff's evidence continued that he was later released on bail after his brother had tendered in his passport as a surety. He stated that he was informed that a decision had been taken at a meeting held at the National Intelligence Agency to incarcerate him soon after the African Union Summit, which was to be held in July 2006. Plaintiff said that he was released because President Thabo Mbeki of South Africa had made his release a condition precedent to his attending the African Union Summit and the subsequent payment of a sum of money to The Gambia. Plaintiff further stated that after coming into knowledge of the plan by the Gambian authorities to incarcerate him and the fact that security officials of the state with unidentified vehicles used to keep surveillance of his compound late into the night, he decided to flee the country with his pregnant wife. Accordingly he and his wife left The Gambia on the 13st of May 2006. 19. The evidence continued that the plaintiff escaped to Senegal where he was able to seek medical attention through the assistance of Amnesty International and subsequently a Medical Certificate was 3