Gambia-L,
Below you will find the "Statements of Offence and Particulars of Offence"
against Messrs. Ebrima Barrow, Momodou Ousman Saho (Dumo), Momodou Marena,
Ebrima Yarbo, Lt. Lalo Jaiteh, Lt. Omar A. Darbo and Abdoulie Sanyang, in
connection with the so-called "coup plot" against Yahya Jammeh.
By the way, sooner rather than later, my source in The Gambia has also
promised to send the remaining two "Cautionary Statements" of Lt. Omar Darbo
and Abdoulie Sanyang, in order that we may have a better and more complete
picture of the way in which these people are being framed by the government.
Having said that, I must again caution that readers of Gambia-L have to
understand that, under the letter and spirit of the Law, a person is
INNOCENT until proven guilty.
These "Cautionary Statements, Statements of Offence and Particulars of
Offence" are from the Government-side. We are yet to hear directly what the
accused persons have to say about these statements. The government claims
to have gotten them (the statements) from the accused persons and we should
be bearing this in mind. How far can we trust what the government side is
saying?
When I first received the "cautionary statements", I did not immediately
send them on to the list: their one-sidedness concerned me, and I felt it
important to consult with those who needed to be consulted in The Gambia.
The consensus was that I should publish everything as I received them/it, in
order that people would begin to understand what were the government
fabrications. Equally importantly, by publishing these cautionary statements
in full, Gambians should then have a true understanding of the role played
by the Italian Francesco Caso, and the games he was involved in.
I had considered submitting a piece to the Gambia-L about Francesco Caso
alone, while withholding the cautionary statements I sent the other day, but
it seemed to me that that would have distorted the theme of what is actually
happening: the cautionary statements are vital parts of the terrible
process being undergone by the accused men.
And based on the summary of evidence, which is reproduced further below, it
is very clear that this Italian man, Franceso Caso, has quite deliberately
incited some Gambians to play his game. He had a business which failed and
he became bankrupt. In order to recoup his losses, he started to utilise his
previous military skills to get money. He set up a number of Gambians, and
then played informer to Government Officials about the hole he had dug for
these Gambians.
What happened next??
Well, the Italian miscreant, Francesco Caso, got full time employment as
Chief Security Adviser to Yahya Jammeh !!
In his summary of so-called "evidence", he (Franco) says that around
May/June 1999, he met the 1st accused, Ebrima Barrow. However, the
particulars of the offence are saying that these accused persons were
dealing with Francesco Caso between March 1999 and June 2000. There is a
large discrepancy here, and the inconsistencies have to be FULLY
investigated.
A word of admonition nonetheless: Gambians should be cautious and vigilant
at all times!! But don’t get me wrong: there are good foreign investors
working in The Gambia, and we should not be keen to paint them with the same
brush with which we are painting Francesco Caso. We cannot and should not be
labelling every foreign investor in The Gambia as a potential trouble-maker
or trouble-incitor: we DO have to exercise great care however, and be on
our guards.
Again, Gambians should take note that these Cautionary Documents are from
the Government side: we are waiting to hear directly, from the accused
persons in order to get a broader and truer picture of events.
In this twenty-first century, we cannot afford to take the printed word in
whatever forum, as the gospel truth. This is a period in our history when
we MUST develop the art of critical and independent thinking, based on
factual evidence. In short, we have to use our brains at all times!!
Whatever is posted onto Gambia-L should be treated cautiously, and in
particular when pro-Jammeh interests publish articles on the G-L, we should
receive these initially with large pinches of salt !
We have to learn to separate fact from fiction: to sieve through the
information coming from government or pro-government sources, and to be
mindful of governmental influence. Our aim should always be to get to the
truth of the matter, and take nothing for granted.
Our prayers are with the Accused men and their families. Africa will one day
have genuine leaders who WILL build an Africa that can FINALLY
guarantee/accord respect, justice, dignity and sustainable development to
its people.
Long Live a Free, Fair and Just Gambia !
Ebrima Ceesay,
Birmingham, UK
*********************************************************************
IN THE HIGH COURT OF THE GAMBIA
CRIMINAL CASE NO …26/2000
THE STATE
VS
1st Accused, EBRIMA BARROW
2nd Accused, MOMODOU OUSMAN SAHO (DUMO)
3rd Accused, MOMODOU MARENA
4th Accused, EBRIMA YARBO
5th Accused, LT. LALO JAITEH
6th Accused, LT.OMAR A. DARBO
7th Accused, ABDOULIE SANYANG
The Court is informed by the Honourable Attorney General on behalf of The
State that the above named accused persons are charged with the following
offences:-
COUNT 1
STATEMENT OF OFFENCE
Treason contrary to sections 35(1)(g) of the Criminal Code Cap 10 of Vol.lll
of The Laws of The Gambia 1990.
PARTICULARS OF OFFENCE
EBRIMA BARROW, MOMODOU OUSMAN SAHO (SUMO), MOMODOU MARENA, EBRIMA YARBO,
LT.LALO JAITEH, LT.OMAR A.DARBO and ABDOULIE SANYANG between the months of
March 1999 and June 2000 in the Republic of The Gambia conspired with each
other and RTD.CAPTAIN ALHAJI KANTEH and SAUL NDOW now at large to overthrow
the Government of The Gambia by unlawful means.
COUNT ll
STATEMENT OF OFFENCE
TREASON contrary to Section 35(1)(f) of the Criminal Code Cap 10 Vol lll of
the Laws of The Gambia 1990.
PARTICULARS OF OFFENCE
EBRIMA BARROW, MOMODOU OUSMAN SAHO (DUMO), MOMODOU MARENA,EBRIMA YARBO,
RTD.CAPTAIN ALHAJI KANTEH, SAUL NDOW, LT. LALO JAITEH, LT.OMAR A.DARBO and
ABDOULIE SANYANG between the months of March 1999 and June 2000 in The
Republic of The Gambia attempted to cause the death of the Head of State,
RTD. COLONEL ALHAJI YAHYA J.J.JAMMEH with a view to securing the overthrow
of the Government of The Gambia.
COUNT lll
STATEMENT OF OFFENCE
TREASON, contrary to section 35 (1)(g) of the Criminal Code Cap 10 Vol lll
of the Laws of The Gambia 1990.
PARTICULARS OF OFFENCE
EBRIMA BARROW, MOMODOU OUSMAN SAHO (DUMO),MOMODOU MARENA, EBRIMA YARBO,
RTD.CAPTAIN ALHAJI KANTEH,SAUL NDOW, LT.LALO JAITEH,LT.OMAR A.DARBO and
ABDOULIE SANYANG between the months of March 1999 and June 2000 in the
Republic of The Gambia prepared or endeavoured to overthrow the Government
of the 2nd Republic of The Gambia by unlawful means.
COUNT 1V
STATEMENT OF OFFENCE
Treason, Contrary to Section 6 (1)(a) of the constitution of Republic of The
Gambia 1997.
PARTICULARS OF OFFENCE
EBRIMA BARROW,MOMODOU OUSMAN SAHO(DUMO),MOMODOU MARENA, EBRIMA YARBO,
RTD.CAPTAIN ALHAJI KANTEH,SAUL NDOW,LT.LALO JAITEH, LT.OMAR A.DARBO and
ABDOULIE SANYANG between the months of March 1999 and June 2000 in the
Republic of The Gambia in concert with each other attempted to overthrow the
constitution of the Republic of The Gambia or a part thereof by unlawful
means in that you endeavoured to overthrow The Government of the Republic of
The Gambia.
Dated the 26th July, 2000
……………………………………
Signed: ALH.CHEYASSIN O.SECKA
ATTORNEY GENERAL’S CHAMBERS
DEPARTMENT OF STATE FOR JUSTICE
MUAMMAR GHADAFI AVENUE
BANJUL
_______________________________________________________________________
IN THE HIGH COURT OF THE GAMBIA
CRIMINAL CASE NO 26/2000
THE STATE
VERSUS
EBRIMA BARROW
MOMODOU OUSMAN SAHO (DUMO)
MOMODOU MARENA
EBRIMA YARBO
LT. LALO JAITEH
LT.OMAR A. DARBO
ABDOULIE SANYANG
CONSENT TO PROSECUTE
Pursuant to section 39 of the Criminal Code Cap 10 of Vol lll of the Laws of
The Gambia I hereby give my consent for the prosecution of EBRIMA BARROW,
MOMODOU OUSMAN SAHO (DUMO), MOMODOU MARENA, EBRIMA YARBO, RTD. ALH. KANTEH,
SAUL NDOW, LT.LALO JAITEH, LT. OMAR A. DARBO for the offence of Treason
contrary to sections 35(1)(g) and 35(1)(a) of the Criminal Code and 35(1)(f)
Cap 10 of Vol lll of the Laws of The Gambia.
Dated the 26th day of July, 2000
………………………….
Signed: Alh. Cheyassin O. Secka
********************************************************************
SUMMARY OF EVIDENCE (This is reproduced verbatim)
Prosecution Witness (PW1) FRANCESO CASO Witness will say inter alia:
That he (Franceso) is an Italian who runs a restaurant business at Bakau.
That sometime in 1999 the first accused person (Ebrima Barrow) came to his
restaurant for the first time and they immediately hit it off as friends by
conversing in the Italian language. Witness (Franceso) will say that the
first accused person said to him that the Gambia Government is "not good,
need to be changed" which made him curious and he wanted to know more from
the accused person No.1, Ebrima Barrow. That this led witness to start
playing a "complicated game in which many people were involved."
Witness (Franceso) will say that around May/June 1999 the first accused
person, Ebrima Barrow, brought along 2nd accused person, Momodou Dumo Sarho,
to his Restaurant and introduced 2nd accused person (Momodou Dumo Saho) as a
man who was having "men for a coup" and wanted help from the witness.
Witness will further say that a month or so after his meeting with the 1st
and 2nd accused (Barrow and Saho) at his restaurant in Bakau, the accused
persons came back with Saul Ndow, now at large. That the three accused
persons told witness (Franceso) that they had a plan but needed training of
their men who were coming from abroad by the witness.
The witness (Franceso) will say that after the students demonstration he met
accused person No. 2 (Dumo Sarho) at the Boka Laho Skills Centre in
Tabokoto. He, Franceso, will narrate what he was told by, Barrow, accused
No. 1, about accused person No. 2 (Dumo Sarho) regarding the students’
demonstration. Witness will also say that the accused person No.2 (Dumo
Sarho) told him he, Dumo, has some weapons hidden somewhere.
Witness will say that a month before he (Franceso) made his (Franceso’s)
statement to the Intelligence Officers investigating this case he, Franceso,
was called by accused person No. 1, Barrow, who informed him that accused
persons No.2 (Dumo Sarho) and Saul Ndow were no longer doing the coup plot
together but Saul Ndow wanted witness to meet Alhaji Kanteh who was ready to
kill the President. Witness will say that a week after he was informed about
Alhaji Kanteh, they were formally introduced. That on that day he was told
by Alhaji Kanteh that he had a team ready to kill the President and lots of
money.
Witness will say Alhaji Kanteh visited his (Franceso’s) house at night
together with accused person No. 1, Barrow. Witness will say that he wanted
to know all the people who were involved in the plot and threatened
withdrawal of his support if the names of the people to be trusted were not
revealed to him.
Witness will say that Alhaji Kanteh mentioned the following persons as
people he could trust, namely, accused person No.5 Lt.Lalo Jaiteh and
accused person No. 6 LT. Omar Darboe and accused person No.4 Ebrima Yarbo.
Witness will say that he personally met only 3 (three) of the 10 (ten) men.
That the witness will explain how he met accused person No. 4 during a gas
gun sale transaction.
************************************
PW 2 SULAYMAN JAMMEH
This witness is a salesman at Kombo Sillah Drive, New Jeshwang. He will say
that on the 3rd of July 2000 he was invited to witness the recording of the
cautionary statements of accused person No. 1, accused No. 2, accused No. 3
and accused No. 4. This was done by Inspector Biram S. Jobe . The accused
signed the statements in his presence and he signed.
**************************************
PW 3 SANKARY SAIDYKHAN
This witness is a Carpenter living at Tabokoto he will say that on the 11th
of July, 2000 he witnessed the recording of the cautionary statements of
accused No. 5 and accused No. 6. He will say that in his presence each of
the accused persons signed the statements and he also signed.
******************************************************
PW 4 MODOU SANNEH
The witness is a Business man residing at 75 Hagan Street Banjul. He will
explain that sometime in 1999 he was approached by Momodou Marena (accused
No. 3) who asked him to sell a gas gun to one white man. He will give
details.
******************************************************
PW 5 D/INSPECTOR BIRAM S.JOBE.
This witness is a Police Officer. He will say that on 3rd and 11th July,
2000, he recorded cautionary statements from accused persons No. 1,2,3,4,5
and 6 in the presence of independent witnesses. Witness will tender the
cautionary statements in evidence.
**********************************************************
_________________________________________________________________________
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