Annika,

I share your summary that the government does not have convincing
evidence to prosecute the case , but i'm not of the view that the government
is embarrassed because it simmply does not exist in the government's
vocabulary.


Beran


>From: Annika Renberg <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Dumo - Summary of events
>Date: Wed, 13 Jun 2001 09:09:06 +0200
>
>Friends on the L,
>
>I think it is good to have access to this summary when you go through the
>statements published by Ebrima Ceesay. Look at the dates when the
>statements were made and ask what took the state so long to prosecute. It
>certainly looks as they are embarrassed by something. This summary was made
>by me and has been sent to Amnesty and other institutions and authorities.
>
>Regarding the authenticity, I am convinced.
>
>Annika (Dumos wife)
>
>SUMMARY OF EVENTS
>
>Momodou Ousman (Dumo) Sarho
>
>24 June 2000 Abducted from his family compound in London Corner,
>Serrekunda, The Gambia, by three men in an ash-coloured vehicle (BMW; BJL
>3716A). Mr Sarho was allowed to inform his mother that he was being
>arrested and taken to Banjul. One of the men was later identified as one
>Alhaji Moor, son of late Peterson Jobe.
>
>The same evening Banjul Police Head Quarter denied any knowledge of Mr
>Sarho - including having him under custody. Attempts to reach the NIA
>(National Intelligence Agency) for confirmation was fruitless during the
>whole weekend.
>
>26 June The NIA denied having detained Mr Sarho. A formal complaint,
>reporting Mr Sarho as abducted/missing, was submitted to Banjul Police.
>
>27 June Amnesty International - Gambian branch office was informed.
>
>30 June An open letter to the Attorney General of The Gambia was submitted
>to his office.
>
>Copies were distributed to the local newspapers, as well as human rights
>organisations both locally and internationally.
>
>10 July African Commission of Human & People's rights was notified.
>
>14 July The State (Inspector General of Police, NIA and the Attorney
>General) represented by one lawyer Wowo was called to answer to the Banjul
>High Court on the matter of Modou Sarho's arrest and detention. In their
>affidavit they then admitted having him and that he was suspected of
>planning to overthrow the government by force and to have attempted to kill
>the head of state in order to seize power. The state further claimed that
>it would have detrimental effects to both the investigation and the public
>if Mr Sarho and his co-suspects were released (Ruling in the case was
>scheduled to July 18th)
>
>14 July Mr Sarho, together with 5 others, were taken to Kanifing Magistrate
>were they were said to be suspected of treason on two accounts:
>
>     1.. March 1999 - June 2000 having planned to overthrow the Gambian
>government by
>     force.
>
>     2.. March 1999 - June 2000 having attempted to kill the president of
>the Gambia.
>The prosecutor explained that:
>
>     1.. She was aware that treason was a too serious crime to be heard by
>the Magistrate
>     2.. She had not been given enough time to go through the evidences.
>     3.. Provided she found the evidences binding, she promised to file
>charges in the High court on Monday July 17th.
>     4.. She further appealed that the suspects should be kept in remand,
>since "treason is not a bailable offence"
>The magistrate ruled that the suspects should be kept in remand and
>complimented the prosecutor for her intention to file charges
>expeditiously. No lawyer to assist the suspects was present at the hearing.
>
>18 July In Banjul High Court, Judge Mam Yassin Sey, ruled in the case of Mr
>Sarho's arrest and detention, that it was clearly against the Constitution
>and laws of the Gambia as well as the African Charter of Human Rights. She
>explained that Mr Sarho's basic human rights - granted to him in the
>Constitution - had been seriously violated. She further stated that, had it
>not been for the magistrate ruling from Kanifing, of which she were not
>aware at the time of the hearing, she (Judge Sey) would have ordered for Mr
>Sarho's immediate release.
>
>The state explained that they intended to appeal the ruling.
>
>18 July Mr Tambadou, lawyer, wrote a letter to the Secretary of State for
>Interior, appealing for a permit to visit Mr Sarho in his place of
>detention. Referring to the serious crime of which Mr Sarho was suspected,
>Mr Tambadou emphasised the need for legal counselling.
>
>27 July A second open letter was addressed to the Attorney General of the
>Gambia.
>
>19 August The Secretary of State for Justice during a Press Conference on
>the issue of illegal detention of Mr Dumo Sarho and others, said that: "
>Those who expect to enjoy the rights guaranteed in democracy must play by
>the democratic rules. No one expects government to treat anyone, bent on
>under-mining its very existence as if he only committed a minor traffic''.
>And he added that due to the nature of the case, families and lawyers have
>been denied access to the detainees.
>
>19 October A motion was heard by Justice Kabalata in the Banjul High Court,
>regarding the right to file an appeal against the ruling in Kanifing
>Magistrate, although the stipulated time for filing an appeal was overdue.
>No representative for the state was present and the hearing was adjourned
>for 30 minutes, while attempts were made to call a representative. Since no
>one appeared, Justice Kabalata decided to proceed and finally ruled that Mr
>Sarho's legal representatives should be granted the right to appeal against
>the ruling of Kanifing Magistrate in the High court,
>
>25 October An appeal against the ruling in Kanifing Magistrate was filed at
>the High Court in Banjul.
>
>30 October The lawyers, Mr Tambadou and Emanuel Joof were informed by the
>High court, that the State, referring to the fact that they had not been
>represented at the hearing on October 19, objected to the ruling. The
>matter was therefore scheduled to be heard again, on November 15th 2000.
>(The objection was finally recognised and the right to appeal was
>withdrawn)
>
>Throughout this time, neither the lawyers nor any family member, had access
>to see Mr Sarho. His place of detention was not known. Direct approaches to
>the Police HQ, the NIA HQ and the Mile II prison, by both family members
>and the lawyers were all met with denials. Repeated attempts to seek
>audience with the Attorney General for clarification on the matter were
>fruitless. The Ombudsman was contacted but explained since the matter had
>reached the court level there was nothing he could do.
>
>16 November Was the first time it became public knowledge that Mr Sarho was
>held at Mile II prisons his wife was allowed to visit him.
>
>19 December Modou Sarho was brought to court together with six others
>(Ebrima Barrow, Ebrima Yarbo, Momodou Marenah, Lt Lalo Yaiteh, Lt. Omar
>Darboe and Abdoulie Sanyang)*. They were accused of - between the months of
>March 1999-June2000 -
>
>   1.. conspiring to overthrow the government of The Gambia by force
>   2.. attempting to kill the head of state Yahya Jammeh
>   3.. preparing to overthrow the government by unlawful means
>   4.. attempting to overthrow the constitution of The Gambia in order to
>overthrow the government
>The hearing was adjourned until January 11.
>
>2001
>
>11 January The hearing proceeded. The only thing discussed was the issue of
>trial by judge versus jury. Adjourned until February 5.
>
>5 February Still no conclusion on the procedures. Adjourned until February
>20th .
>
>20 February Still no conclusion on the procedures. Adjourned until March
>6th.
>
>6 March Adjourned until March 12th due to "Tobaski".
>
>12 March Justice Grante declares that a single judge in High Court has no
>jurisdiction to hear the treason trial, and referred the case file to the
>chief justice to assign three judges to proceed with the trial.
>
>June 2001 From what we have heard, three High Court judges have been
>appointed - Grante, Kabalata and Janneh - two of which seem to be still
>awaiting the renewal of their respective contract. As a consequence, no
>date has yet been set for the next court hearing.
>
>*Note: most of the accused had never met each other before their arrest. It
>has also become clear that Mr Sanyang, who was arrested long after the
>others and throughout held at the NIA, has been free on bail since December
>19th.
>
>----------------------------------------------------------------------------
>
>To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
>Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
>You may also send subscription requests to
>[log in to unmask]
>if you have problems accessing the web interface and remember to write your
>full name and e-mail address.
>----------------------------------------------------------------------------

_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
You may also send subscription requests to [log in to unmask]
if you have problems accessing the web interface and remember to write your full name and e-mail address.
----------------------------------------------------------------------------