Mr. Ceesay,

Many many thanks to you and your source for providing this superb chronology of events surrounding the continued unlawful detention of Dumo and others. I am sure many of us will find it as timely a it is useful.

Cheers,
Momodou S Sidibeh

----- Original Message ----- 
From: "Ebrima Ceesay" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, January 20, 2003 11:18 PM
Subject: A Summary of Events regarding Dumo Saho's detention


> Dear readers:
> 
> Please, find below a summary of events regarding Dumo Saho's illegal arrest
> and detention.
> 
> The summary was sent to me by a source familiar with the case; and needless
> to say, I am sending it as received - UNEDITED!
> 
> Ebrima
> 
> ___________________________________________________________________
> 
> 
> SUMMARY OF EVENTS
> 
> The detention of Momodou Ousman (Dumo) Sarho
> 
> YEAR 2000
> 
> 24th 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.
> 
> On 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.
> 
> June 26th, 2000: The NIA denied having detained Mr Sarho. A formal
> complaint, reporting Mr Sarho as abducted/missing, was submitted to Banjul
> Police.
> 
> June 27th: Amnesty International - Gambian branch office was informed.
> 
> June 30th: 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.
> 
> July 10th: African Commission of Human & People's rights was notified.
> 
> July 14th: 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.
> 
> July 14th: 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 further explained that:
> 
> a) She was aware that treason was a too serious crime to be heard by the
> Magistrate
> 
> b) She had not been given enough time to go through the evidences.
> 
> c) Provided she found the evidences binding, she promised to file charges in
> the High court on Monday July 17th.
> 
> d) 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.
> 
> July 18th: 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.
> 
> July 18th: 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.
> 
> July 27th: A second open letter was addressed to the Attorney General of the
> Gambia.
> 
> August  19th: 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.
> 
> October 19th: 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,
> 
> October 25th: An appeal against the ruling in Kanifing Magistrate was filed
> at the High Court in Banjul.
> 
> October 30th: 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.
> 
> November 16th: It was the first time it became public knowledge that Mr
> Sarho was held at Mile II prisons and his wife was allowed to visit him.
> December 19th   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 - between the months of March 1999 and June 2000 - of:
> 
> 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.
> 
> 
> Note: Most of the accused persons 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.
> 
> ************************************************
> 
> YEAR 2001
> 
> 11th January, 2001: The hearing proceeded. The only thing discussed was the
> issue of trial by judge versus jury. Adjourned until February 5.
> 
> February 5th: Still no conclusion on the procedures. Adjourned until
> February 20th
> 
> February 20th: Still no conclusion on the procedures. Adjourned until March
> 6th.
> 
> March 6th: Adjourned until March 12th due to "Tobaski".
> 
> March 12th: 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.
> 
> October 3rd: The trial was resumed. One of the accused - Mr Abdoulie Sanyang
> - did not appear in court and the judge decided to adjourn until November
> 27th . He also revealed that a resent amendment in the constitution had
> reduced the available modes of trial to two: by one judge or by judge and
> jury so he suggested that the accused should go back to discuss their choice
> with their respective lawyers.
> 
> November 27th: All the accused persons appeared but this time the judge
> failed to appear and the case was adjourned again without a fixed date.
> 
> December 5th: This time the prosecutor failed to appear as well as Mr
> Abdoulie Sanyang. The defence lawyer Mr Sillah suggested that Mr Sanyang had
> possibly not been properly informed.
> 
> December 12th: The Director of Public Prosecutions informed the court that
> he had decided to drop the charges against Mr Abdoulie Sanyang, who was
> absent. The other accused took their plea and the case was again adjourned -
> this time until December 19th.
> 
> December 19th:  The prosecutor failed to appear and the case was accordingly
> adjourned until Jan 9th 2002.
> 
> 
> ***********************************************************
> 
> YEAR 2002
> 
> 9th January, 2002: The prosecutor presented two additional charges, endorsed
> by the Secretary of State for Justice, Mr Joseph Joof. Both concerns
> "Concealment of Treason" and states that the accused persons have neglected
> to inform any proper authority of their intended coup. Since one of the
> defence lawyers - Mr Sillah - was on sick leave, the case was adjourned
> until January 23rd.
> 
> January 23rd: Due to absence of the Judge (sick leave) the case was again
> adjourned, this time until February 7th.
> 
> February 7th: Defence lawyer Mr Sillah was still sick and the case was
> adjourned until 5th March.
> 
> March 5th: The Judge informed the court that the state had made a request
> for the transfer of the matter to another judge (the acting Chief Justice
> Okai Itam) in the High Court of Banjul. The Director of Public Prosecution
> forwarded no reason for the request. The Judge, Justice Wallace Grante had
> no objection to the request but gave assurance the accused persons would be
> informed in due course when the case is reassigned to another judge. No new
> date was decided upon .
> 
> April 2002: "New Judge for Dumo Saho and Co treason case. The Chief Justice
> of The Gambia, Muhammad Arif has assigned the treason case involving Momodou
> Dumo Saho and five others to the Nigerian born
> judge, Ahmed Belgore of the High Court in Banjul. Our sources disclosed
> that the date for the commencement of the case had not been fixed."
> (from The Daily Observer, 11/4 -02)
> 
> Oct. 10th: The trial resumed under Judge Belgore. The accused were given
> opportunity to plea and they all pleaded "Not guilty". In spite of  the DPP
> who requested time to take his vacation dates were scheduled for the
> hearings to proceed  (Nov. 21st and Dec. 2nd - 3rd ). After that the case
> was adjourned.
> 
> Nov 1st: Mr Ebrima Barrow was picked up at the Mile II prisons, presumably
> by the NIA (National Investigation Agency). He was not returned up to Nov.
> 21st.
> 
> Nov 21st: Court resumed. Mr Barrow also turned up, escorted by an unarmed
> policeman. He started by telling the judge that he wanted to change his plea
> from last time. His lawyer, Mr Ousman Sillah protested and explained both to
> Mr Barrow and to the judge that he had been trying during the preceding week
> to see Mr Barrow in Mile II but to no avail. Mr Barrow then explained that
> he did not want to have a lawyer but the judge told him that with the
> serious crime he was charged with he must have consultations with a lawyer.
> Mr Barrow then appealed for the State to appoint another lawyer for him
> which was granted.
> 
> The DPP also took the opportunity to appeal for the main witness, Mr
> Fransisco Caso, to be heard in chambers, referring to the safety of the
> witness. The lawyers present protested and said that Mr Caso has up to now
> never showed any worries about his safety since he is moving around freely
> in all parts of the society. The case was adjourned until December 2nd.
> 
> Dec. 2nd: No hearing due to the absence of Lawyer Ousainou Darboe who had to
> answer to charges in another trial.
> 
> Dec. 3rd: No new lawyer appointed for Mr Barrow, but it had come to the
> attention of the judge that Mr Barrow had been kept outside Mile II prison
> during the last month so he ordered the accused Mr Barrow to be brought back
> to the prison and he also promised to call Mr David Colley, the prison
> commissioner, to answer for his reluctance to protect the accused. Case
> adjourned until Jan 14th and 15th .
> 
> *******************************************************
> 
> 
> YEAR 2003
> 
> 14th January 2003: The commissioner of Prisons, Mr David Colley, appeared in
> court to answer to charges of "Contempt of Court" regarding the handing over
> of the detainee Mr Barrow. Questioned by the judge on who had come for Mr
> Barrow, Mr Colley answered that the prisoner was handed over to one police
> inspector BS Jobe for interrogation at the Banjul Police Station.
> 
> Mr Barrow's new lawyer , Mai MK Fatty protested that the court was not told
> the truth and that the his client stated that he was released to an NIA
> (National Intelligence Agency) senior officer, Fransisco Caso and two other
> military men. (One Gambian newspaper - Independent - reported that Mr Barrow
> had been picked up at around 3 am, i.e. in the middle of the night.) Mr
> Colley also explained that it has been the practice of the prison
> administration to release a detainee to the police when needed for further
> investigation.
> 
> The Director of public prosecution told the court that the prison
> commissioner had not been aware that doing such an act was wrong and argued
> that the commissioner did nott do it intentionally. Finally the judge
> Justice Belgore stated that although he was convinced that the commissioner
> had not told the truth, he would discharge but reminded that a repeat of
> such an act would not go unpunished.
> 
> An application from the DPP to allow the prosecution witness Mr Fransisco
> Caso to give his testimony in camera was turned down by the judge after a
> short brake. Mr Caso was not to be found and finally the judge ordered that
> the DPP should make sure that they all could proceed the following morning.
> 
> Jan 15th: The DPP, Mr Agim, revealed that the prosecution witness Mr Caso
> was absent and appealed that the court would stand down to find out why. Two
> hours later Mr Agim informed the court that he had been informed by an
> investigation officer that Mr Caso could not attend as his wife was said to
> be comatose at the hospital and he therefore asked for an adjournment to
> enable Mr Caso to testify.
> 
> Defence lawyers argued that the accused persons should be released, with
> regards to the long time they have already spent. In reply, DPP Agim told
> the court that the two-and-a-half year-delay is not to be seen as
> unreasonable.
> 
> Ruling is scheduled for Jan 16th 2.30 p.m.
> 
> Jan 16th: Due to an unforeseen last-minute change in the hajj-flight which
> the judge was supposed to attend, the time for the ruling was changed to
> 12.30. Only the prison authorities and relevant lawyers were informed.
> Justice Belgore informed the audience that he had decided to give the state
> a last chance to produce their witness. New dates for the hearing: February
> 25th and 26th.
> 
> 
> 
> _________________________________________________________________
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