Foroyaa Newspaper Burning Issue
Issue No.95/06, 3-5 November, 2006
Editorial
WHEN IS NATIONAL ASSEMBLY ELECTIONS DUE?
Many people have been asking Foroyaa when National Assembly election is to
be held.
The date for National Assembly election is fixed by the constitution just as
the date for presidential election was fixed until 18th August when the
constitution of the Republic of The Gambia, 1997 (Amendment) (No. 2) Act 2006
came into force to change the situation for the presidency.
Before the amendment of the constitution, presidential election had to take
place sixty days before the expiration of the term of office of the incumbent
president. If this were to be applied, this year presidential election would
have taken place in October. The constitution was amended to remove the
fixed time for the holding of presidential elections so that they could hold the
presidential election in September instead of October.
In making the amendment, they had to also amend section 96 of the
constitution, which had linked the date for the holding of National Assembly election
to the date of election of the president. Instead of National Assembly
elections being held three months after the date of the election of the president,
now, it is increased to four. Hence the constitutional provision now reads:
There shall be a general election of all the members of the National Assembly
which shall be held four months after the date of election of office of the
president. Hence National Assembly election should take place in January 2007,
on the date that will mark exactly four months after the election of the
president.
Foroyaa has reliably learnt that the inter-party committee has met and that
there is plan to conduct a non-partisan civic education programme to
enlighten the electorate on how parties, their leaders and supporters should respect
the Memorandum of Understanding signed by all parties. Notwithstanding this,
the IEC and the National Council for Civic Education should start right away
to enlighten the electorate on the National Assembly elections. The voters
should know that nobody has a right to bargain for post or prestige with their
voters’ cards. No person should be in possession of another person’s voters’
cards under the pretext that one will provide surprises or loans. Such should
be explained as offences against the election laws of the country. Each
person should hold on his/her voter card. The constitution says that only a
person who is 18 years or above should get a voters card. Such a person should be
mature enough to safeguard his/her voters’ card. Anybody who gives his/her
voters card to another person is not fit to be a sovereign Gambian citizen.
Such a person is only fit to be a slave.
BUNJA DARBOE AND CO
ANOTHER TRIAL WITHIN A TRIAL
By Fabakary B. Ceesay
The treason trial involving Captain Bunja Darboe and others by a court
martial continued at Yundum Barracks on Thursday 2nd November first class
detective 1580 Abdoulie Sowe, as a prosecution witness testified. Detective Sowe told
the court that he knew the third (3rd) accused person, Captain Wassa Camara,
on the 21st March 2006, when the coup against the government of The Gambia
was foiled. He said that he was part of the panel setup to investigate into
the foiled coup. He said that Captain Wassa Camara was brought before the panel
and was asked to explain what he knew about the coup. According to him,
after Wassa has explained to the panel, he was then asked to obtain a statement
from him. He said that, he then took the accused person into another office to
obtain a statement from him. He added that the accused was seated before him
and then he introduced the witness to him by the name Tijan Bojang. He noted
that, he explained to the accused person that the independent witness was
there to witness that he gave his statement in his presence (the independent
witness) without duress or torture. Detective Sowe said that he read the
cautionary words to the accused person and to the understanding of the accused
person, he then signed and the independent witness also signed. He added that,
Captain Wassa Camara then chose to write his statement voluntarily, noting that
the accused had signed and the independent witness also signed.
Detective Sowe told the court that, on the 24th March, Captain Wassa Camara
was brought back to the panel where he was asked certain questions. He
narrated that after Wassa had finished his explanation, he was asked to obtain an
additional statement from him.
1580 Sowe pointed out that he then introduced Tijan Bojang as an independent
witness to the accused person and that he read the cautionary warnings to
the accused person that whatever he said will be used against him as evidence.
He said that, the accused signed and the independent witness also signed. He
said that he then asked the accused whether he wanted to write his own
statement or he (Sowe) should write it for him but the accused person preferred to
write his own statement which he and the independent witness signed.
According to 1580 detective Sowe, on the 28th March, Captain Wassa Camara
was brought back to the panel again to answer to certain questions and that
after his explanations to the panel, he (Sowe) was asked to obtain a statement
from him (Wassa). He noted that he then introduced one Babu Loum as the
independent witness and that he also cautioned the accused that anything he said
would be used against him in a court of law. The accused then signed it and the
independent witness also signed. He said, the accused decided to write his
own statement, as it is an additional statement. He said both the accused and
the independent witness signed.
Going further, Sowe said that Captain Wassa Camara was brought to his office
on the 19th April and he was asked to obtain a voluntary statement from him.
He said he cautioned him in the presence of the independent witness called
Babu Loum from Barra. He added that Captain Wassa Camara then decided to write
his own statement all by himself and signed it in the presence of the
independent witness. At this juncture, he was shown the statement. He indicated
that was the statement pointing to his signature and that of the independent
witness. The statement obtained on the 22nd, 24th and 28th March 2006 were
tendered before the court and marked as TWT, Exhibits one, two and three.
Detective Sowe said that the independent witness came from Barra in North Bank
Division and that he is a video club operator.
CROSS-EXAMINATION
During cross-examination, Detective Sowe said that he had been in the police
force almost 13 years and that he first worked at the Police Intervention
Unit (PIU). He also said that he had worked at the CID Unit at the Serious
Crimes Unit at Police Headquarters in Banjul and that presently he is at the
Major Crimes Unit of Police Headquarters in Banjul.
Defence Counsel, Lamin Jobarteh asked the witness at what stage of their
investigation do they obtain the voluntary and cautionary statements. “We obtain
the voluntary statement at the end of the investigation and the cautionary
statement at the beginning of the investigation.” Detective Sowe indicated
that it is in line with his police duties to caution the accused and that it is
a requirement also for the independent witness to be present but that the
accused did not ask for the independent witness. Mr. Jobarteh asked Detective
Sowe whether the accused was not entitled to a lawyer. Sowe replied that it is
not to his knowledge if the accused is entitled to a lawyer. Jobarteh put it
to him that “I am very disappointed that you said you don’t know whether the
accused is entitled to a lawyer.” 1580 Detective Sowe said that the
statement, which was obtained on the 22nd March, was recorded at his office at the
Major Crimes Unit at NIA Headquarters. Counsel Jobarteh put to him that there
was no office at NIA complex called major crime unit. Mr. Jobarteh further put
it to him that there is alteration and changes in the statement that was
obtained on the 24th March. Sowe said that there were no alterations and no
changes to the statement. Mr. Jobarteh further put it to him that the independent
witness, Babu Loum is an NIA officer and that there is no where in the world
where Babu Loum operates a video club neither to talk of Barra. Detective
Sowe said that he was aware that Captain Wassa Camara had appeared before
television broadcast and that was part of their investigation. Jobarteh said “You
are not been faithful because you don’t put all cases on TV.” The witness
said that the reason for parading the accused person on TV was that Captain
Wassa Camara told him that he and his colleagues regret their involvement in the
coup and that they wanted to appear on TV to apologize to the general public
for the alarm they have caused to the public.
Detective Sowe noted that Wassa Camara did not put that in writing about
going to the TV because the accused told him that he could only say that to him
in person. Detective Abdoulie Sowe pointed out that Captain Wassa Camara did
not appear before with any injuries. “I am putting it to you that Captain
Wassa Camara showed you the injuries he got from torture on his back, thigh,
legs and head,” Jobarteh said. Sowe denied that Camara had appeared in that
mood. First class Sowe admitted that there was an armed man present when Captain
Wassa Camara was taking his statement but that the armed personnel was at a
distance and for their security. The trial continues today
IN TREASON TRIAL CAPTAIN SECKAN TESTIFIES
By Bubacarr K. Sowe
Captain Saikou Seckan, the first prosecution witness in the treason trial
involving Tamsir Jassey, Alieu Jobe, Omar Keita and Demba Dem, on Wednesday
continued his testimony at the High Court.
Appearing before Justice Avril Anin-Yeboah, Capt. Seckan said he was
arrested on the 21st of March by staff of the National Intelligence Agency (NIA). He
said he made a statement while he was in the custody of the NIA. He said he
made another statement when he was released on the 4th of April, 2006. Capt.
Seckan recalled his efforts in alarming the NIA about the Coup plot.
He said that the former Chief of Defence Staff (CDS), cum alleged
ringleader, Ndure Cham, told him that he was coming from a meeting of the Security
Council and nothing was mentioned about the plot.
Captain Seckan said Ndure had reaffirmed that the operation will be
successful and had told him the name of the people who would be arrested.
Seckan said that he told Ndure Cham that he received a call from Capt. Bunja
Darboe who told him that the meeting which was to take place at Labato Bar
is cancelled, and another one will be slated.
He said that he had another call from Bunja who told him that he would pick
him from his home, which he said he rejected. He said he told him to call and
he would identify where they would meet by 19:00 hours. Seckan added that he
left for the NIA offices where he had another appointment for 18:00 hours.
He added that he informed the NIA officers of what was going on.
According to him, he later had a call from Ndure Cham who told him that the
proposed meeting at 19 hours should not proceed and they should report to
their assigned places by 23:00 hours. He indicated that he had no credit to make
a phone call and so rushed to a telecentre and called Bunja Darboe who told
him that Ndure said the operation will start by 23:00 hours. “I told Darboe do
not mind, I will call you back. I dropped off the phone,” Seckan said. He
said that Darboe told him Mauritania is aware of the plot. Seckan continued to
say that he then told the NIA that there would be no meeting and suggested to
them that they should start arresting later than 21:00 hours. He said he
later called them again and they asked him to join them and he made a statement,
while others were being arrested.
CROSS EXAMINATION
He was asked by Lamin S. Camara, one of the defence counsels, when he was
promoted to the rank of Captain, he said in January 2001. He also confirmed
that he was arrested and detained between the 21st March to 4th of April. He
also said that he wrote two statements while under NIA detention.
When cross examined by Lamin Jobarteh on how he knew the people were
arrested on the 21st of March since he was with the NIA, Seckan said he knows some
of those who were arrested. On how truthful is his testimony since he said
that at the time of his arrest he was a Lieutenant, he answered that he was re
promoted to the rank of Captain after the arrest.
When he was re-examined by the Director of Public Prosecution, Emmanuel
Fagbenle, he said he was demoted in 2004 from Captain to Lieutenant.
Justice Yaboah then ruled that re-examination happens when the question and
the answer is not clear.
The trial continues on the 8th and 9th of November, 2006 for continuation.
14 STILL DETAINED WITHOUT TRIAL
By Yaya Dampha
At least fourteen people have been languishing at the Mile Two Prisons for
months now without being arraigned in court. Many are yet to be charged by the
authorities. The detainees are:
1) Former CDS (Chief of Defence Staff) Vincent Jatta who was arrested on
March 22nd, (2) Journalist Chief Ebrima Manneh arrested in July, (3) Abdoulie
Kujabi (former Director General NIA) arrested on March 22nd, (4) Mustapha Lowe
a College Student arrested on March 23rd, (5) Alieu Singhateh NIA Officer
arrested in March 22nd, (6) Kemo Balajo NIA Officer arrested on March 22nd, (7)
Foday Barry former NIA Officer, (8) Baba Saho former NIA Officer, (9) Momodou
Dibba former NIA Officer and (10) Ngorr Secka NIA Officer arrested since
April. (11) Bamba Manneh NIA officer, arrested in August. (12) Sergeant Buba
Mendy Gambia National Guard arrested in March, (13) Sergeant Buba Jammeh of the
State Guards arrested in May and (14) O/C Abdoulie Colley of the Gambia
Police Force arrested in July. Reports have it that Chief Ebrima Manneh and
Sergeant Buba Jammeh were arrested in connection with the Freedom Newspaper saga.
The rest of the detainees were reportedly arrested for their purported
involvement in the alleged 21st March coup. O/C Colley is believed to be arrested in
connection with Casamance rebels.
All these people are been detained for months above the stipulated time
indicated by The Gambian Constitution.
In order to ascertain why these people are still detained and why they are
yet to appear in court or be released as stipulated in Section 19 (3)(b) and
(5) of the constitution, this reporter visited the various security
institutions like the Army, the Police and the National Intelligence Agency. The Public
Relations Officer of the Gambia Armed Forces Captain Lamin Gano said he did
not know why the two army officers are still detained. Gano said he was told
that the matter is above the Army and that anytime the investigations are
completed the army will be duly informed.
The Public Relations Officer of the Police Superintendent Aziz Bojang told
this reporter to meet him in his office. This reporter went to his office
several times and was always told that he is busy on meetings.
When this reporter called the National Intelligence Agency and asked for
Captain Lamin Saine he was told to come in person. However when he went to their
headquarters he was told that he was out and would not be available. This
reporter further sought audience with the Director General of the NIA who was
said to be busy and could not speak to him.
About two and a half months ago the Acting Director of Public Prosecutions
Mr. Fangbenle informed reporters that Mr. Foday Barry, Ngorr Secka, Abdoulie
Kujabi, Rtd Colonel Vincent Jatta and others were charged with felony, but
they are yet to appear in any court of law while still being detained at the
Central Prisons.
Journalist Chief Ebrima Manneh was arrested by two NIA officials from the
Daily Observer. No official statement is issued on why he is arrested and where
he is being held.
SERGEANT JAMMEH TAKEN TO MILE II
By Modou Jonga
Sergeant Buba Jammeh of the State Guards is reported to have been
transferred from his detention cell, at the NIA Headquarters to Mile II state Central
Prison. A source told this reporter that Sergeant Jammeh was listed as a
wanted person shortly after the freedom newspaper saga and later arrested. He was
detained at the NIA headquarters in Banjul for many months. Sergeant Jammeh
was transferred to mile II, a family source told this reporter. The source said
that they have not had access to their loved one because of the transfer.
The Prison authorities have even disallowed the wife from accessing him.
A reliable source further told this reporter that Sergeant Jammeh was never
arraigned before any court of law nor is he informed of the reasons for his
continued detention contrary to the requirements of the constitution and the
law.
OPEN LETTER TO THE PRESIDENT
Mr. President, here at the GPTC, we almost danced to the news that you have
transferred the portfolio of works (which we are under) to the office of the
President. We were hopeful when we heard the news, simply because you are our
SoS. Mr. President if there is anywhere you have failed to perform as a
government, it is at the GPTC.
Mr. President, can you remember in your early days as President the number
of buses that used to join your convoys during your “Meet the People’s Tours”
and during your political campaigns? How many buses have you seen on your
convoys recently? There was not a single bus that followed you during your last
“Meet the People’s Tour.”
The Gambian people are suffering due to lack of transport. There is no
public bus on the roads now. No bus from Banjul to Basse, or anywhere else. School
children beg “lift” from sun rise to sun set.
May I inform you that there is no school bus? What is called a school bus is
the bus that picks up students from Westfield Junction and drops them in
Banjul? In the afternoon they are picked from Banjul and dropped at Westfield
Junction. How many people live around Westfield? How about those in Tabokoto,
S/K, Bakau, Sukuta, Lamin, Brikama Bundung, Tallinding, etc? The students are
seen standing on the way when they should have been in school.
Our staffs have all run away. Buses are bad. They are dumped here. Mr.
President we are looking forward to your attention to GPTC. Congratulations for
the wise move of taking over GPTC.
A GPTC employee
FODAY BAH’S TRIAL ADJOURNED AGAIN
By Modou Jonga
Foday Bah, a UDP supporter and a resident of Sinchu Alagie, who was arrested
during the election campaign and later granted bail by the High Court, was
released on Monday 30th October 2006. Foday Bah’s counsel, Neneh Cham Chongan
had earlier field an application for bail, which was granted 17th October
2006 on for some unknown reason, he was not immediately released on bail,
contrary to the court’s decision. He was only released after 13 days. Infact Foday
Bah did not appear before the Brikama Magistrates Court on Thursday 26th
October and on Tuesday 31st October. At the proceedings of 31st October 2006 the
prosecution applied for bail.
In his application for adjournment the police prosecutor ASP Tijan Badjie
informed the court that the accused was not present and was held in custody. He
also told the court that the case file was at the Attorney General’s
Chambers. ASP Badjie further told the court that he got information from one Yusupha
Cham that the accused person was granted bail in the sum of D200,000 (two
hundred thousand dalasis) at the Banjul High court with two Gambia sureties.
The trial Magistrate adjourned the proceedings till 13th November 2006 due to
the absence of the accused.
COLLEGE STUDENT STILL DETAINED
By Modou Jonga
Mr. Mustapha Lowe is still in detention at the state Central Prison Mile II
for his alleged involvement in the March 21 foiled coup. A source told this
reporter that Mr. Lowe who was charged with treason alongside other men at the
High Court in Banjul, is a nephew of the alleged leader of the March 21
abortive coup plot, Colonel Ndure Cham.
Mr. Lowe who is believed to be in his twenties is a second year Gambia
College PTC student posted to Sinchu Alagie Lower Basic School for teaching
practice. However, reports have it that Mustapha Lowe, did appear thrice at the
said court but ceased to appear since then. It is believed that he is still to
be used as a state witness in the on-going treason trial. Mr. Lowe who was
arrested earlier in March has been in detention for over seven months. A family
source expressed concern over the long detention of their beloved one.
GIRL, 13, MURDERED IN SIKUNDA
By Yaya Dampha
Nyima Sanyang, a 13 year old girl was murdered on Monday. According to
family sources, late Nyima had a brawl with her assailant which subsequently led
to her untimely death. The tragic incident happened at Sikunda. According to a
source, late Nyima climbed on top fence of the primary school during her
encounter with her adversary, and thereafter was pushed by her assailant. The
source have it that when late Nyima fell down, the fence crumbled and fell on
her.
At the Police at Mansakonko Police Station have confirmed the story. They
said the suspect has been arrested and is presently in Police custody. They
said Nyima’s body was transported to Soma Health Centre where she was pronounced
dead. The source further stated that the victim’s body was transported to
the Royal Victoria Teaching Hospital (RVTH) for a postmortem.
The body of Nyima Sanyang was on Tuesday afternoon returned to Jarra Sikunda
where she was laid to rest on the same Tuesday.
Efforts to speak to Police Spokesperson, Aziz Bojang did not bear fruit.
Speaking to this reporter, the parents of the suspect and the victim
described the incident as unfortunate. They described it as an act of God.
TWO DIE IN ROAD ACCIDENT
By Abdoulie Dibba and Modou Jonga
Information reaching Foroyaa has it that a fatal accident has claimed the
lives of two pedestrian and injured two others. It is said that it took place
at Banjulunding on Sunday 29th October 2006. According to eye-witnesses who
spoke to this reporter, the accident took place few metres away from the
Airport entrance. The driver was driving toward Brikama. According to
eye-witnesses, the lost control of the vehicle and ran over the pedestrian who were on the
road side. The eye-witnesses indicated that an old man died on the spot.
When contacted by this reporter, the Police PRO, Aziz Bojang, confirmed the
story. He told our reporter that the accident is a big tragedy. He indicated that
the vehicle involved is a Mazda with registration number KM 3569B and that
the driver is one Musa Camara. He asserted that one Ba Sanna Ceesay died on the
spot and Wuyeh Jallow died later. As for Fatoumatta Jallow, Momodou Sanyang
and the driver, Musa Camara, they are presently admitted at the Royal
Victorial Teaching Hospital where they are recovering PRO Bojang posited. The
deceased’s were laid to rest on the same day, at the Banjulinding cemetery. The
quartet were said to be waiting to board a vehicle near the orchard said to be
owned by Ex-President Sir Dawda Jawara. Speaking to this reporter, Alhagie
Jatta, son of the late old man expressed shock and grief over the tragic death
of his late father describing it “as a great loss to the entire family.” The
late Basanna is survived by three wives with eleven children.
In another road accident, a five year old girl of Lamin village in Kombo
North, Anna Marie Jabang, a student of Sanchaba Nursery School was knocked down
while she was crossing the road by a speeding vehicle. This said accident
occurred on 30th October 2006. The victim was, said to be in critical condition
and later taken to Banjulunding Health Centre but was later referred to RVTH
for medical attention.
The driver involved in this accident was said to be handcuffed by an NIA
officer on the spot of the accident. In Brikama too, on the same Monday, a
driver knocked down a person who was slightly injured, as a result. The said
victim was later released as the injury was minor, according to a Police officer.
Issue No. 96/06, 6-7 November, 2006
Editorial
ARREST OF BOYS AND GIRLS FOR BEING ON THE BEACH
The television cameras were on them. They sat like prisoners on the ground.
Boys and girls alike. They are our sons and daughters. They own the Gambia.
They have the right to survival, protection and development. Who is to protect
them? Who is to open the avenues for them to earn their means of survival in
dignity? Who is to create the environment to ensure that they develop their
potentials to the fullest. There they were with shame on their faces. Some
were trying to turn their heads away from the television cameras. What were
their crimes? Being on the beach or near the Tourism Development Areas. Is this
a crime to be handled by the police or a social phenomenon to be handled by
social development workers?
It is very unfair to have boys and girls at such early ages to be put on TV
for no other cause than to be on beaches they own.
There is need to give more respect to the young. There is need to take the
approach of education and sensitization rather than strong arm measures.
The new secretary of state for tourism should consult those who have
knowledge of such social matters and develop a pro poor policy in making our Tourism
Development area more friendly to the Gambian people in general and tourists
in particular.
Stigma is very harmful to the life of a human being. It is necessary for the
GRTS management to bear in mind that human beings who have committed no
heinous crimes should not be paraded like criminals and put under the camera for
a whole nation to gaze at. These young people are going to have children
tomorrow. They need protection from the elders of today.
NADD PRESS RELEASE
The Executive Committee of NADD has met to review the 2006 Elections and to
formulate its position on the matter. It has reviewed and endorsed the report
of the flag bearer on the elections; It further resolves that the objective
of creating a united front to build genuine democracy that will empower the
people and address the problems of liberty and poverty is still valid; The
Executive resolves to keep NADD intact and to contest the National Assembly
election in collaboration with any independent candidate or political party that
accepts to enter into a tactical alliance;
The Executive extends special thanks to all those who appreciated its
message and to all those who decided to vote for NADD, especially the voters in
Wuli;
It wishes to convey to the people that it is futile for it to file an
election petition because of the number of votes cast for the NADD flag bearer;
It calls on the people to work to build a Gambia where all of us will see
ourselves as equal citizens and support people not on the basis of tribe but on
their programmes to promote liberty and eradicate poverty;
FROM THE NADD EXECUTIVE COMMITTE
BUNJA DARBOE AND CO
Trial Within A Trial Continues
By Fabakary B. Ceesay
The trial within a trial (TWT) at the court martial continued on Friday with
the cross-examination of the first prosecution witness, Detective Abdoulie
Sowe. This TWT is meant to determine whether or not the cautionary and
voluntary statements were obtained from Captain Wassa Camara voluntarily.
Cross-Examination Of Detective Sowe
During cross-examination by Lawyer Jobarteh Detective Abdoulie Sowe
indicated that he had never attended Armitage High School. He said that he had
attended Kosemar Primary School from primary one to six and then St George’s
Secondary Technical School. Counsel Jobarteh put it to him that, he was a student
at Armitage but because of his bad behaviors he was expelled.
Detective 1580 Sowe indicated that the independent witness Tijan Bojang had
appeared before him on two (2) occasions, namely on 22nd and 24th March to
sign as an independent witness. Lawyer Jobarteh then said: “I’m putting it to
you that Tijan Bojang appeared only once and signed all the statements, I’m
also putting to you that Tijan Bojang appeared before you to sign the voluntary
statement of Captain Wassa Camara on the 23rd March and on the 19th April
2006.”
Mr. Sowe told the court that his duty to the panel is not only to record
statements but to also ask the accused persons of their knowledge and
involvement in the coup.
He denied that he was the most junior officer of the members of the panel.
Mr. Jobarteh asked him whether he had a mouth to speak at a place where the
Inspector General of Police, Deputy Inspector General, Commander of Navy, the
Director of NIA and all heads of other security units were present. Sowe
replied that on his legal duties, he has a mouth to speak, but denied that the
heads of the security units were present when Captain Wassa Camara was brought
to the panel. He noted that the panelists were 1580 Detective Abdoulie Sowe
(himself), 1838 Detective Lamin Cham, Detective Corporal 1208 Boto Keita,
Detective Sergeant Sainey Ndure, Detective Inspector Modou Lamin Ceesay, ASP Demba
Sowe, Ousman Bojang, Nfally Jabang of GNA, Musa Bojang, Tambajang, Faye and
Hydara of NIA. He pointed out that there was no armed officer within the
confines of the hall but that the armed officer was standing at a distance from
the entrance of the hall, Jobarteh put it to him that there was an armed
officer standing in the hall and pointing a gun at the accused person. He replied,
“That was never to my knowledge.”
Independent Witness Testifies
Tijan Bojang, a native of Sukuta village was the second witness to testify
before the General court-martial at the Yundum Barracks on Friday 3rd
November, 2006.
Mr. Bojang informed the court that while he was at his home on the 22nd and
24th March, a friend of his, Lamin Cham, called him on a phone and indicated
to him that he had a case and needed an independent witness. He said upon his
agreement with Cham to serve as a witness, Cham told him to come over to the
NIA office at the Major Crime Unit. He said that upon his arrival he found
Abdoulie Sowe and Wassa Camara there. Lamin Cham then introduced him to
Abdoulie Sowe as a friend who is to serve as an independent witness. He added that
Sowe also introduced him to Captain Wassa Camara as an independent witness
and that his statements were taken on his free will. He added that the accused
person did not object for him to be an independent witness and that they
signed. He told the court that while Captain Wassa Camara was writing his
statement he was chatting with Captain Wassa Camara as a friend of his friend (Lamin
Cham). He further told the court that it was Lamin Cham who introduced him to
the accused as a batch mate of the accused. He said when the accused
finished writing his statement he signed and he also signed.
Cross-Examination By Counsel Jobarteh
Counsel Lamin Jobarteh asked the witness how many times he appeared as an
independent witness and whether he also appeared as an independent witness on
the 23rd March and 19th April. Mr. Bojang replied that he could not remember
how many times because it had been a long time. He however noted that he never
signed as a witness on the 23rd March and 19th April. “I only appeared as an
independent witness on the 22nd and 24th March,” Bojang said. Mr. Jobarteh
asked him whether he will be surprised to see his signature on the 23rd March
and 19th April on the documents. He replied that he would not be surprised
because he served as a witness to many accused persons. Mr. Jobarteh then said:
“I’m putting it to you that Abdoulie Sowe had said that you have never
appeared before him other than on the 22nd and 24th March.” Mr. Bojang pointed
out that they were seated at the centre of the room but the armed officer was
outside the room though he could be seen when the door to the hall was open.
Jobarteh asked him whether it is true that he was chatting with the accused
when he (the accused) was writing his statement and what were they chatting
about. He replied that it was true he was chatting with Captain Wassa Camara but
that it was just the usual chat. Jobarteh asked him whether he and the
accused chatted about his injuries and whether he had seen any injuries on the
accused. Mr. Bojang said, he never chatted with Wassa about his injuries and
that he never saw any injuries on him. Counsel Jobarteh asked him why he had to
chat with the accused when his only role was to listen. “We are all brothers
and Gambians, so we chat as usual,” Bojang replied. “I’m putting it to you
that, while the accused was writing his statement, he could not have time to
chat with you,” said Jobarteh. At this stage the proceeding was adjourned
Saturday 4th November 2006. the witness responded that he was chatting with the
accused.
PA SALLAH JENG’S TRIAL
BCC CEO TESTIFIES
By Bubacarr K. Sowe
The chief Executive Officer (CEO) of the Banjul city Council (BCC), Abdul
Othman on Thursday testified before Justice Monagen on the on going criminal
trial involving the former Mayor of Banjul, Pa Sallah Jeng.
Continuing his evidence in chief, Othman said the Banjul City Council bought
two generators when they were disconnected by NAWEC. He said after those two
generators blew up, another generator was bought by the Mayor and he later
withdrew it and brought in a huge generator.
During cross examination by the defense lawyer, Lamin S. Camara, Mr. Othman
said he had been working with the council for 20 – 21 years. When he was
asked whether as the CEO, he has statutory duties, he answered in the
affirmative. On whether he is responsible for the day to day running of the council, he
also answered in the positive.
On the payment of ‘per diem’ he said that the director of Finance prepares
vouchers and passes it to him for approval and it is then counter signed by
the Finance Director.
He said that per diem for a Mayor is 130 Pound Sterling and Deputy Mayor is
90 Pound Sterling. He said one of the Mayor’s (Pa Sallah’s) trip to Morocco
was approved by him, but he did not approve his trip to the USA. On a
cancelled trip to Bissau, Othman explained that Mr. Jeng surrendered his allowance,
unlike his colleagues who refused and the monies were deducted from their
salaries. On the deduction, he said their salaries were deducted a month before
he went on leave and so he could not tell whether the outstanding balance
owed by those staff was deducted in his absence by the council’s authorities.
Mr. Othman said the purchase of a towing ambulance by the council was
approved by the Gambia Public Procurement Authority.
APRC SUPPORTER IN THE DOCK
By Modou Jonga
The criminal case involving Alimamo Gibba and the state continued at the
Brikama Magistrates Court on Thursday, 2nd November 2006.
Alimamo Gibba, a supporter of the APRC is arraigned in court for assaulting
one Olly Touray, a supporter of the United Democratic Party (UDP).
The alleged assault is said to have happened on 15th May 2006 at Pirang in
the Kombo East District.
In his testimony, the second prosecution witness, 371 Sergeant Bunja Darboe
(attached to the Brikama Police Station) told court that he was on duty at
the Mandinaba Police Post during the alleged assault date. He said while at the
Police Post, they received information that one Olly Touray was assaulted at
Pirang. The witness said the accused and the complainant were later brought
to the station for them to give their statements. Going further, the witness
said the complainant was later taken to the Brikama Health Centre for
treatment. The witness further pointed out that a medical report was issued to the
complainant by a doctor. The said medical report was identified by the
witness. It was later tendered and admitted in evidence. Continuing his testimony,
the witness said the report of the complainant was later transferred to the
Brikama Police station. The case was adjourned till the 16th of November.
STARTLING EVIDENCE AT THE IMPERSONATION TRIAL
By Modou Jonga
On Thursday 2nd November at the Brikama Magistrates Court, presided over by
Magistrate E.F. Mbai, the first accused gave his defence on the ongoing
impersonation trial. Ebrima Jallow, the alleged ring leader and first accused,
acknowledged that all the other persons are not connected to the alleged
impersonation and has admitted guilt of the impersonation charge. The alleged ring
leader further told the court that he would shoulder whatever penalty imposed
on him by the court.
The first accused said he used to work with police officers through the
Community Assistant Group and has denied what the prosecution witnesses said in
court regarding the alleged impersonation. He admitted having committed the
offence knowingly. He told the court that he thought that he was collaborating
with the Serrekunda Police and that they (the police) will not deceive him.
The first accused also said that, he was involved with a Community Assistant
Group registered in 1995 and through which he was introduced to the
Serrekunda Police Station officer Landing Bojang by a man called Buba Sarr whom he
claimed was his superior in the group.
The first accused said he was introduced to the second accused (Hatab
Sanneh) at the Serrekunda Police Station as a CID volunteer and that the sixth
accused Momodou Lamin Camara was introduced to him by one CID officer Sanna Keita
and Lamin Jatta (the first accused) was introduced to him by Buba Sarr, the
President of the Community Assistant Group.
Meanwhile, the third accused person Pateh Taal was granted bail in the sum
of D5000 (five thousand dalasis) and for the bail bond to be signed by a
Gambian surety with a valid ID card. The Magistrate warned the third accused that
the bail could be revoked if he is absent from any proceeding of the case.
The case was adjourned till Thursday 9th November 2006 for the defence
statements of the other accused persons.
FORMER PRINCIPAL’S CASE DEFERRED
By Modou Jonga
The trial involving William Foster, a former school principal of Forster
Academy in Brikama was on Thursday 2nd November 2006 adjourned till Monday 20th
November.
The case was presided over by Magistrate Mbai.
Readers would recall that Mr. William Forster was previously arraigned
before the Brikama Magistrates Court on a charge of willful damage to personal
property, being the windscreen of a vehicle numbered WD 0225 A, contrary to
section 312 of the Criminal Code. The accused pleaded not guilty to the charge
that is preferred against him.
Inspector Jammeh attached to the Serious Crime Unit in Banjul testified in
the case. The defence counsel Sydney Riley and the accused were absent. 413
Sanyang of Yundum Police Station represented the IGP.
COUNCILLOR JATTA’S CASE ADJOURNED
By Fabakary B. Ceesay
The criminal case involving the councillor of Cape Point Ward, Ousman Jatta
(alias Rambo) has been deferred to the 14th of November by Magistrate Kebba
Sanyang of the Kanifing Magistrates Court on Wednesday.
The adjournment came in the wake of Lawyer Darboe’s application for the
matter to be adjourned. In his request for adjournment, Lawyer Ousainou Darboe
told the court that the accused person is still in the hands of the police. “We
want to wait until tomorrow, 2nd November and if nothing comes out, we will
take up the matter.” Principal magistrate Kebba Sanyang then adjourned the
case for further hearing.
MAIMUNA TAAL IN COURT
By Bubacarr K. Sowe
A senior officer from the Gambia Civil Aviation Authority (GCCA) is expected
to appear in Maimuna Taal’s case on today to explain why the documents
requested by the defense counsel are not so far available.
In Thursday’s (2nd November) proceeding, the prosecutor, Marie Saine-Firdaus
clarified that the order given by the court on the previous sitting was for
her to present items one to ten of the documents requested by the defence
team and not items eleven to twenty-four as thought by the defense counsel.
The defence team led by Antouman Gaye admitted that it is items one to ten
as agreed in court.
The prosecutor then handed five of the items to the defence team and
endeavoured to make the rest available.
The court then ruled that the prosecution try and bring the documents to
court or a senior officer from the GCAA come and explain to the court about the
particulars contained in them.
The said documents are expected to be used by the defence team in their
cross examination. As at the last proceeding (21st June) parties agreed on items
one to ten to be given to the defence team.
The trial proceeds today the 6th of November at the High Court before
Justice Monagen.
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