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Subject:
From:
Jabou Joh <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Thu, 4 Mar 2004 08:56:48 EST
Content-Type:
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Famara Jatta, others miss court
By Omar Bah
Mar 4, 2004, 13:21

Excitement at the on -going economic crime trial involving House Majority 
leader Baba Jobe, was dampened as four key defense witnesses expected to give 
evidence Wednesday, failed to turn up before the court.
The witnesses, secretary general Alieu Ngum, Central Bank Governor Famara 
Jatta, his predecessor Clark Bajo and former Finance permanent secretary Bammy 
Jagne were all absent from court.

Explaining the reason for their absence defence counsel Edward Gomez, refered 
to the witness summons and the attendance affidavit of service, saying he was 
able to talk to the process server, Alieu Ceesay, who assured him that after 
serving Alieu Ngum, Clark Bayo and Bammy Jagne (through foreign affairs 
ministry ) , he came back to prepare affidavits of service in respect of Alieu Ngum 
and Clark Bayo and that he has actually handed the said affidavits to his 
lordship’s clerk.
Justice Paul concurred with that assertion confirming that the said 
affidavits were in his file. 
Gomez further submitted that the process server could not prepare an 
affidavit of service for Bammy Jagne because there were no forms available. “It is my 
belief that Famara Jatta is back in to the Gambia and I shall personally 
endeavour that the requisite procedures are taken,’’ Gomez said.

Gomez however revealed that Clark Bajo could have been present had he not 
been attacked by illness.
At this juncture, Justice Paul informed the court that hearings in the case 
should conclude by next week to allow addresses to be made before judgement is 
delivered.
In response, Lawyer Gomez urged that the evidence of the remaining witnesses 
are very crucial. ‘They will either corroborate or otherwise the evidence 
adduced by the accused person.

Responding to lawyer Gomez’s submissions, state counsel Cherno Marena said 
the state have contacted Alieu Ngum and Famara Jatta. He further told the court 
that the former was not, at the time of the sitting, around the Greater Banjul 
Area as he was attending a conference somewhere else. “But he has given 
assurance that he would be here by Monday March 8,” Mr Marena said. As for Famara 
Jatta, counsel Marena told the court the former Finance minister would be out 
of the jurisdiction of the country for two weeks. “But he is not a compellable 
witness and therefore it won’t be in the interest of justice to hold on the 
case pending the availability of a non-compellable witness,’’ Mr Marena argued.

But defense lawyer Gomez responded by urging the court to be cognisant of the 
fact that the matter at hand is a criminal one, in which the liberty and 
reputation of those accused are at stake. He said the need for a speedy trial, 
which he subscribes to, should not cause justice to be sacrificed. He said the 
witnesses in question would be testifying on pertinent matters within their 
personal knowledge, which may not be found in any public records.
Justice Paul therefore adjourned the case to Monday March 8 for hearing.    
    

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