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Foroyaa Newspaper Burning Issue
Issue No. 97/2006, 8-9 November,  2006
Editorial
A NEW CHANCE FOR PRESIDENT JAMMEH
To lead a nation  for 12 years and get re-elected for another five years 
provides an opportunity  to any thoughtful leader to sit down and reflect on how 
to improve on one’s  record of governance so as to promote liberty and 
prosperity in a country. A  leader who intends to give a fresh start to his/her method 
of running the  affairs of a country would read the newspapers everyday to 
identify the points  of major concern. He/she must be a good listener of the 
complaints of the  people. There is no doubt that liberty is of major concern. In 
short, the  Central Prison at Mile 2 is a maximum security prison. How can 
such a place be  transformed into a detention centre for people who have not 
been tried by the  courts. This is one practice that should have been put to a 
stop immediately  after the president’s election. Foroyaa strongly recommends 
that the President  orders an enquiry on regarding the state of detainees in all 
prisons and order  the release of all those who have been detained for more 
than 72 hours without  trial. The Chief Justice should also make an enquiry 
concerning those who have  been detained without speedy prosecution of their 
cases. He should order the  speedy trial of such cases.
Section 82 of the constitution establishes a  committee on the exercise of 
prerogative of mercy. This committee should be  constituted with immediacy so 
that all those who have been in prison for over 12  years and those who have 
served the better part of their sentences can be  released to reduce prison 
congestion? 
Furthermore, people should stop giving  appreciation for any form of 
impunity. Even if one has an axe to grind with  someone no one should appreciate 
his/her arrest and detention for more than 72  hours. The President should order 
such practices to stop with immediacy. If the  President wants credibility, he 
should meet with religious leaders, heads of all  services in the country, 
heads of NGOs, heads of political parties, editors of  newspapers and other groups 
to spread a message of good governance and  tolerance. He should ask for 
their criticisms on how to improve on governance  and take their recommendations 
seriously. Rambo or Councillor Ousman Jatta is  still in detention. He is a 
representative of the people. If such a person is  not immune to such harsh 
treatment what about the people he represents. There  should be decency in 
political conduct. One of the norms of political decency is  to give respect to those 
elected by the people like members of parliament,  mayors and councilors. 
Should we look forward to a new start as the expiry of  the President’s term of 
office draw near? The future will tell!!! History will  be the Judge posterity 
will reveal the verdict.


KANIFING ESTATE FIRE INCIDENT
By Fabakary B. Ceesay and Bubacarr K.  Sowe
The death toll on the fire accident at the Kanifing Estate continues to  
rise. Five out of the fourteen people who are hospitalized at the Royal Victoria  
Teaching Hospital have died. The quintet sustained injuries following the 
blast  that racked the residents of Kanifing Estate. Two of the victims, Mustapha  
Kanteh, aged 22 and Ousman Bidwell passed away on Saturday, 14th November 
2006.  Mustapha Kanteh was an employee of The Gambia Ports Authority and Ousman  
Bidwell, a student at the Trust Communications Institute and also a newly  
enlisted student at The University of The Gambia. The duo, who were said to be  
intimate friends, were all laid to rest at the Kanifing South cemetery on 
Sunday  5th November at around 11:45 am. The funeral services were conducted at the 
 Kanifing Estate Mosque and prayers were led by Imam Sheikh Hydara. Imam Baba 
 Leigh described the two as true Muslims, who die while trying to save the 
lives  of their neighbours. Imam Tafsir Gaye, said it is the will of Allah that 
the two  should die in that circumstance, but called on relatives and 
neighbours to  accept it in good faith and to continue to give them prayers. Mr. Abdou 
Bah,  Deputy Director of Ports Authority and Francis Gomez, Acting Mayor of 
KMC  attended the funeral. 
In addition to the two who died, three more victims of  the gas explosion 
died recently. The trios are; Pa Amat Jagne a 42 year old who  until his death 
was a Red Cross Volunteer. He was survived by two wives and  three children. 
Demba Ndow a 48 year old was a senior accountant at GPTC and a  lecturer at MDI. 
Mr. Ndow is also survived by a wife and children. Momodou Lamin  Touray, alias 
Benjamin was aged 32. They were laid to rest at 5 pm at the  Kanifing South 
Cemetery on Monday the 6th of November 2006.


AZIZ TAMBA SEEN AT NIA
By Mr. Aziz Tamba, the APRC Assistant Youth  Mobiliser was on Monday seen by 
this reporter at the entrance of the offices of  the NIA as he was being 
escorted out of those offices. Upon investigation this  reporter learnt that Mr. 
Tamba was in fact arrested at the NYSS headquarters  near the Independence 
Stadium on Tuesday 31st October 2006 and taken to Mile II  Prison for detention. 
This means that Mr. Aziz Tamba has been detained for more  than 72 hours 
contrary to the requirement of the constitution that he should be  released if he is 
not taken to court within this period. This reporter was also  informed that 
Mr. Tamba was being escorted back to Mile II Prison.
According  to sources, Mr. Tamba’s arrest came in the wake of a recent party 
organized by  the so-called “Green Boys” to celebrate President Jammeh’s 
election victory. A  youth who was present when Mr. Tamba was being arrested said 
Mr. Tamba was taken  by four security personnel after the youths reported 
their dissatisfaction over  the way and manner the party was conducted. 


BUNJA DARBOE AND CO
Trial Within Trial Continues
By Fabakary B.  Ceesay
The trial within a trial at the court martial continued on Saturday  4th 
November with the cross examinations of the independent witnesses, Tijan  Bojang 
and Babou Loum. During cross examinations, defence counsel Jobarteh,  asked 
Tijan Bojang, where the armed officer was sitting and how many of them  were in 
the room when Wassa was making his statement. Bojang replied that the  armed 
officer was sitting outside the room with his gun in his hand and that  they 
were four (4) in number in the room. Jobarteh put it to him that the armed  
officer was standing with his gun and that the previous day he (Bojang) said  they 
were three in the room. Bojang maintained that the armed officer was  sitting 
and that they were three in the room including Lamin Cham. Defence  counsel 
Jobarteh asked the witness to read the top part of the cautionary  statement 
that is obtained on the 22nd March. He replied that he cannot read.  Mr. Jobarteh 
said that on the last page of TWT one (1), (the exhibit) the  independent 
witness did not sign the document and that there were alterations  and scratches 
on page five of TWT one (1). Jobarteh asked him who could have  done those 
scratches and alterations apart from Abdoulie Sowe, he replied that  there are 
alterations and scratches but could not tell he did that. Jobarteh  asked the 
witness to tell the court which words were altered, Bojang replied  that he 
couldn’t read. Jobarteh asked the witness to tell the court which school  he 
attended, Bojang said, “I cannot answer that question.” At this juncture,  counsel 
Jobarteh asked Justice Agim to warn the witness to answer his questions  in a 
respectful and polite way but not in rude manner. Justice Agim then warned  
the witness to answer the question of the defence. “If you don’t answer the  
questions it means, you don’t respect the court, and also that it means you are 
 not telling the truth,” said Agim. The witness then replied that he attended 
 Sukuta Secondary School up to form four (4) and graduated with good marks 
but  that he did not pass English language. Mr. Bojang admitted that, all the 
exams  he sat to are all in English. “Then if you said, you cannot read, it 
means you  are not telling the truth” said Jobarteh. “Am saying nothing but the 
truth,”  replied Bojang. 
Babou Loum Testifies
One Babou Loum, a native of Barra in  North Bank Division cum video club 
operator, said that he was called by Sergeant  Ndure on the early hours of the 
28th March to come and served as an independent  witness to the case of Wassa 
Camara. He said that Sergeant Ndure asked him to  meet him at the NIA office. He 
said upon his arrival at the NIA, Ndure  introduced him to Abdoulie Sowe and 
told him that he is the person to serve as  an independent witness to Wassa 
Camara. He said that Sowe then introduced him to  Wassa Camara as an independent 
witness and Wassa responded, “No problem.” He  said that Sowe then told Wassa 
that anything he write will be taken as an  evidence. “I also asked Wassa to 
write carefully because he was not forced,”  Loum said. He added, Wassa wrote 
his own statement. He said he and Sowe later  asked Wassa whether he is ready. 
He added that, Wassa told them that he had  finished writing his statement 
and they all signed and he (Babou) left the  office.
DPP Emmanuel Fagbenle asked the witness the names of the people who  were 
present when Wassa was making his statement. Loum said that himself, Wassa  
Camara, Abdoulie Sowe and Lamin Cham were present. Fagbenle also asked him  whether 
he would be able to recognise the statement; he replied that he will  
recognise his signature. He pointed to his signature and that of the accused  person 
(Wassa) on the exhibit.
Cross Examination By Lamin Jobarteh
During  cross examination, Babou Loum told the court that he attended Essau 
Primary  School and later proceeded to a secondary school. He said that, he 
spent four  years at secondary school and sat to the secondary fourth 
examinations and  passed only one (1) subject that is English language. Mr. Jobarteh 
asked the  witness to look at exhibit TWT 3 on page one (1) at line five (5), six 
(6) and  seven (7) and tell the court who wrote those words. Mr. Loum replied 
that it was  written by the accused person (Wassa). Jobarteh asked him to look 
at the same  place where it was written, “Babou Loum, of Barra,” whether it 
is written by the  same person, he replied, no. Mr. Jobarteh asked him who 
could have written  “Babou Loum of Barra and 1580 A. Sowe. Loum replied that it 
was written by Sowe.  Mr. Jobarteh asked him to compare the words, Babou Loum 
of Barra and Detective  Sowe, whether they are written by the same person, he 
replied in the positive.  Jobarteh asked him how many of them were in the room 
when Wassa was writing his  statement and what was the position of the armed 
officer. He said that they were  four in number in the room and that the armed 
officer was sitting outside.  Counsel Jobarteh asked him to tell the court the 
type of dress Wassa wore on  that day and the others. Loum said, he cannot 
remember the type of dress Wassa  put on that day, but that the armed officer 
was in full uniform, Abdoulie Sowe  in civil dress, Sergeant Ndure and himself 
were dressed in civil clothes. “You  cannot remember what was Wassa dressed in 
but can remember others. Am putting it  to you that Wassa was putting on a 
short trouser,” Jobarteh said. Mr. Loum told  the court that he was not 
concentrating on Wassa like he was to others, but that  the little glimpse he had on 
Wassa he can identify something on him. Jobarteh  asked him whether he had seen 
any mark on Wassa’s head, forehead and face on  that date. Loum said he had 
not observed any mark on Captain Wassa Camara on  that date. “Am putting it to 
you that Wassa was severely tortured and that  resulted to the marks on him,” 
Jobarteh noted. Loum replied that he is not aware  of it.
Jobarteh concluded by telling the witness that the only truth he told  the 
court is his name and surname, the witness replied that he was telling the  
truth. Sitting will continue on Thursday, 9th November. The defence are expected  
to call their witnesses.


CORPORAL SAMBA BAH STILL  INCARCERATED
By Abdou Yanka
Corporal Samba Bah of The Gambia Armed Forces  is still detained at the Mile 
Two Central Prison. Corporal Bah was arrested and  detained shortly after the 
alleged coup plot led by Chief of Defence Staff,  Ndure Cham, was foiled by 
the Armed Forces.
The family members and friends of  Corporal Bah said their loved one was 
arrested in March shortly after the foiled  coup plot. They said that the arrest 
and detention of Corporal Bah has not been  reported in any of the newspapers. 
They further indicated that Corporal Bah is  neither charge nor arraign in 
court by the authorities.
This reporter made  efforts to speak to the Army Spokesperson, Captain Lamin 
Gano, but he was told  that the latter went out. A Senior Army Officer said he 
did not know why Samba  it not release. 
Corporal Bah enlisted in The Gambia National Army in 1990 as  part of the GNA’
s intake fourteen. He has served in different braches of the  military and 
had served as a bodyguard to Retired Captain Yankuba  Touray.


LAMIN VILLAGE ASSAULT CASE CONTINUES
By Modou  Jonga
On Thursday 2nd November 2006, Lamin Badjie, a resident of Lamin  village and 
a Police Officer attached to the Yundum Police Station gave his  testimony on 
the Lamin village assault case at the Brikama Magistrates Court  presided 
over by Magistrate EF Mbai.
The assault case involves Ousman Jammeh  (the accused) and Amadou Saho (the 
complainant) all residents of Lamin Village,  Kombo North. The assault 
allegedly happened on the 18th June 2006 at Lamin  village and involved the use of a 
cutlass.
In giving his testimony, 1713  Badjie said while on duty on 18th June 2006 
between 12.00 1.00 am a vehicle  arrived at the Police State with Amadou Saho 
(the complainant) and his friend.  He said Amadou’s body was covered in blood. 
It is reported that he (the  complainant was assaulted by one Ousman Jammeh 
(the accused).
The second  witness further informed the court that he was assigned to escort 
the  complainant to the Banjuluinding Health Centre for medical attention but 
was  later referred to RVTH. Upon arrival at RVTH, stated the witness, the  
complainant was admitted.
On the following day, said the witness, the  complainant was at the said 
Police Station saying Amadou Saho had been released.  The second witness, he 
together with one Immigration Officer, went to arrest the  accused to be brought to 
the Yundum Police Station. At the Police Station, the  second witness said, 
the accused admitted assaulting the complainant with a  cutlass, which he (the 
accused) had hidden in his home. The said cutlass was  retrieved by the 
accused, accompanied by the second witness and another Police  Officer, the second 
witness said.
The said cutlass which was identified by  the second witness was therein 
tendered in court and marked as an exhibit. After  some weeks, stated the second 
witness, he went with the complainant to RVTH  where the latter was issued with 
a medical certificate. The said medical  certificate and the blood stained 
shirt worn by the complainant at the time of  the assault were tendered in court 
and marked as exhibits without objection by  the accused. The trial was 
adjourned till Thursday 16th November, 2006 for the  case of the defence. (Ousman 
Jammeh). 


MAIMUNA TAAL’S  CASE
By Bubacarr K. Sowe
The High Court on Monday ordered the National  Intelligence Agency (NIA) to 
produce the documents that are needed as evidence  on the criminal trial of 
Maimuna Taal, the Ex-Managing Directress of the Gambia  Civil Aviation Authority.
Justice Monageng ruled that the NIA should bring  two of the remaining items 
to court or a senior member of the agency should go  to court and explain what 
is contained in those documents.
A Human Resource  Manager at the GCAA informed the court that they couldn’t 
produce all the  required documents due to the fact that one of their files is 
still with the  NIA. He also said that the Minutes of the meeting of a 
contract committee could  not be obtained from members of the committee.
The defence counsel, Antouman  Gaye called on the court to acquit and 
discharge the accused since the NIA has  fail or is reluctant to produce the 
documents in court. He said that it is not  about the defence or the prosecution, but 
it is the authority of the court that  is at test, since a previous court 
order (June 21st 2006) was flouted by  NIA.
The State Counsel, Marie Saine argued that efforts were made to make the  
documents available. She said the act couldn’t be seen as unwillingness or  
disobedience of the court. She asked for opportunity to be given to the  
prosecution to enable them to know why the items are still not in court. Saine  also 
said that it would be premature to acquit the accused since 80% of the  required 
evidence is already in court.
The presiding judge then ruled that  the documents should be made available 
by the NIA before the next adjourned date  or else they come to court and 
explain what is in the documents. The trial  proceeds on 13th November 2006.


KAFUTA’S ALAKALO  SACKED
By Abdoulie G.Dibba
Basoli Bojang has been relieved of his position  as the Alkalo of Kafuta, a 
source told this paper.
His appointment as the  Alkalo of the village is revoked by the authorities. 
According to a source one  Kata Bojang has been appointed as the Acting Alkalo 
of Kafuta. When this  reporter visited Kafuta on Monday, he spoke to Basoli 
Bojang. According to  Basoli, his termination came as a surprise to him, 
because he was appointed in  August 2006. He noted that he has not been found 
wanting as far as he knows. He  told this reporter that they (he and his supporters) 
would petition the  Department of State for Local Government and Land on the 
matter. Basoli told  this reporter that he received his termination letter on 
Thursday 26th October,  2006. Talking to this reporter at his home, the newly 
appointed Alkalo of Kafuta  Kata Bojang, indicated that he received his 
appointment letter on Thursday 26th  October 2006 from the Chief of Kombo East, Musa 
Jarjue. Kata further showed the  appointment letter to this reporter. The 
letter is dated 25th October 2006. Kata  called on the people of Kafuta to 
maintain peace and order in the village as  their ancestors used to do.


LAMIN FATTY’S CASE  ADJOURNED
By Fabakary B. Ceesay
The criminal trial involving journalist  Lamin Fatty and the state has 
suffered another setback due to the absence of the  prosecution witness. The case 
was called before principal Magistrate, Kebba  Sanyang of the Kanifing 
Magistrate Court on Tuesday 7th November 2006, but the  prosecution witness was not 
present. The defence counsel, Lamin S. Camara, told  the court that, the 
prosecution witness failed to appear since the last sitting  and that the Magistrate 
promised earlier that he will discharge and acquit the  defendant if the 
prosecution witness did not appear in court. Mr. Camara then  applied for the case 
to be struck out, saying “Justice delayed is justice  denied.” Principal 
Magistrate Sanyang over ruled his application and adjourned  the case to 20th 
November 2006. 


RAPE CASE IN COURT
By  Modou Jonga
Abdoulie Badjie, a 32 year old Gambian was on Monday 6th November  2006 
arraigned at the Brikama Magistrates Court. The accused changed his plea of  guilty 
to not guilty.
The alleged rape was said to have happened at Sintet  Village in the Foni 
Jarrol District. The accused changed his plea of guilty to  not guilty after the 
facts of the case were narrated by the Police Prosecutor  ASP Badjie. The girl 
(name withheld) is said to be a peace corp volunteer. The  accused was said 
to have carnal knowledge of the girl. The case was adjourned  till 24th 
November 2006.
 


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