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Subject:
From:
"Malanding S. Jaiteh" <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Thu, 21 Jun 2001 11:52:59 -0400
Content-Type:
text/plain
Parts/Attachments:
text/plain (451 lines)
Kebba,
It is not my intention to make you look any other than a reasoned Gambian.

As to why I am concerned about what is discussed about the case, please
spend a few minutes and re-read Ebrima Ceesay's introduction to the
statements (reproduced below) particularly the paragraphs:

> 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?

and

> 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!!

I am sure you will realize that this is indeed a big misunderstanding. Have
a good day.

Malanding Jaiteh


----- Original Message -----
From: "Ebrima Ceesay" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, June 15, 2001 6:02 PM
Subject: On Dumo Saho, Barrow and others


> 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.
>
> **********************************************************
> _________________________________________________________________________
> Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com.
>
> --------------------------------------------------------------------------
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