Baba Jobe’s Trial The Obstacles Faced By The Defence PART 13 Counsels of both parties announced their appearance. Mr. Agim led the prosecution while Mr. Edu Gomez led the defence. Mr. Gomez took the floor and expressed total dismay at the lack of respect by the police for the last sitting’s court instructions to give the defence lawyers access to their witnesses to enable them present their case judiciously in the interest of justice. Mr. Gomez told the court that at the end of the last sitting of the court on the trial at hand, the court had ruled that the defence be allowed to access their witnesses to enable them present their case judiciously in the interest of justice. Mr. Gomez further reported that on Friday the Attorney General and Secretary of State for Justice informed the defence that all necessary arrangements had been made with the Inspector General of Police for them to meet their witnesses at the police training school. He went on to say, as the head of the defence team he went in advance of the team and upon his arrival at the entrance of the PTS the sentry (guard) who had identified him allowed him to go in. Mr. Gomez lamented that within five minutes a corporal who was in charge of the camp came up to ask him to move out of the camp since there had been no advice for him to allow any lawyer to see Baba Jobe. Mr. Gomez further stated that prior to this trip he went with Mr. Jobarteh to the PTS where the camp commander told them that they were asked not to allow any lawyer into the PTS grounds. He added that it was that same Friday that he delegated Mr. Jobarteh to the Bakau Police Station to meet with Buba Senghore but there too the Station Officer insisted that whatever is to be discussed or said to Buba must be in his presence. Mr. Jobarteh did not agree to that and he left without fulfilling the purpose of his visit. Mr. Gomez again went on to indicate that at the NIA where Lamin Kuru Kongira was detained, the defence team had received a warm welcome by the Director General of the NIA, Mr. Marena who allowed them to see Mr. Kongira; that they had a fine discussion with Mr. Kongira. Mr. Gomez however said that the discussion could not be further prolonged since Mr. Kongira had made reference to certain documents, which he said were not in his custody. The defence team could ! not access those documents referred to as he had been arrested since the 31st day of December 2003. Mr. Gomez added that they had also found Mr. Kongira with persistent diarrhoea. He called on the court to intervene to allow him have access to medical care. Mr. Gomez then submitted that because of these reasons the defence had decided that Mr. Jobarteh and himself would try to see the DPP to seek his assistance but unfortunately they could not find the DPP in office; that they were informed that he was at Kairaba Beach Hotel on a workshop; that they met him there and informed him of the situation. Mr. Gomez finally told the court that Buba Senghore had been brought to court just some minutes before the court came into session; that Baba Jobe who is the team’s client had also been seen by the team. Mr. Gomez called on the court to take note of the situation of the defence and urged the court to once more urge the DPP to use his office to tell the police to allow the defence team to meet with their witnesses in order to enable them to present their case judiciously in the! interest of justice; that the DPP should talk to the police to allow Lamin Kuru Kongira to provide his team with all the documents he had in his possession in the interest of justice. RESPONSE OF PROSECUTION In his reply to the defence, the DPP concurred with the defence but because of his personal intervention this morning Buba Senghore is now in court. This, the DPP submitted is a sign that the police are cooperating. That on Kuru Kongira, since the defence have accepted that they have received good reception at the NIA, the defence should now proceed with their case if not their whole efforts would be seen as a delaying tactic. The DPP opined that the defence have been freely interacting with both Kuru and Buba Senghore prior to their arrest and detention; that one would have thought that during the preparation of the defence to cross-examine the prosecution witnesses they should have contacted Buba Senghore and Kongira to provide them with all that is necessary on the matter. The DPP then questioned the reason why the defence did not collect all such documents at that time. On the issue of the poor health condition of Kuru, the DPP said Mr. Gomez is not a hea! lth personnel. That what the court is concerned with is the question of lack of access of the defence to their witness and nothing more. That at the moment the court is not in a position to grant bail to anybody. Mr. Agim then questioned the reasons behind the continued insistence of the defence on calling their witnesses in their sequence to the court. He asked why the defence should not continue with all those witnesses who are not in detention. Finally, Mr. Agim called on the defence to change their position and deal with all witnesses who are not in detention; that since the police are now trying to cooperate then by the time they are ready with those witnesses not in detention, they can proceed to deal with those witnesses detained. The trial judge agreed that the security forces had failed to comply with the instructions of the court but told the court that he equally agrees with the DPP that there is nothing holding the defence to start with those witnesses who are not in detention; that since the court would not sit by and not proceed the accused persons who are the cause of the trial are to give their evidence then other witnesses may come in later. The Involvement Of President Jammeh Before the examination of Buba Senghore, Mr. Gomez said the following: "My lord I would like to inform the court that after we left here yesterday the defence achieved a significant development. The first and second witnesses of the defence were released by the NIA bail in my presence. A meeting was later planned between the defence lawyers, the two witnesses and the first accused Baba Jobe at the Police Training School. Initially the defence had it tough with the police who were not willing to allow us in, but with the intervention of the DPP with some top police officers we were able to meet as a team at about 8pm to 11pm in the night and had very important discussions. Buba Senghore who is the first witness has seen a lot of documents pertinent to the case, but had had failed to see others because of lack of light." Mr. Gomez then applied for one more adjournment to enable the defence proceed well. The trial judge refused the application and asked Mr. Gomez to start the case with those documents available. Evidence of Buba Senghore The defence had called its first witness, Buba Senghore on the 10th February 2004. In giving his evidence Buba Senghore began thus: Q: Name? A: Buba Senghore. Q: Address? A: Serrekunda London Corner Q: What work do you do? A: I am a social worker and I also have a clearing agency called Gateway. Q: Do you know the first accused? A: Yes, he is honourable Baba Jobe, majority leader and chief executive of YDE. Q: What about the second accused? A: He is Baba Kanteh, acting Managing Director of YDE. Q: Do you know whether the company incorporated as YDE? A: Yes. Q: Does it have an office? A: Yes. Q: Where is it? A: At No.33 Kairaba Avenue. Q: Can you tell this court how YDE as a company incorporated came into existence? A: Youth Development Enterprise came into the being in 1995. At the first meeting the following were present: myself as Buba Senghore, Baba Jobe, Salif Puye, Saul Ndow, Omar Malang Jabang and Yaya Jammeh, President of the republic. At that meeting we said among other things that since we are doing politics, it is important for us to have an entity, which will have the following objectives and principles: Youth empowerment with self-sustaining ventures such as providing them with skills and employment; To provide the Gambian people with reasonable and affordable food commodities such as rice, sugar and cooking oil. Mr. Senghore went further to state that during the 1996 elections YDE was dormant because they were all the time involved in election activities; that by 1999 or 2000 they again started ordering goods with the first financing coming from President Yaya Jammeh. Mr. Senghore added that when those goods came he was responsible for supplying food commodities to the army; that Hamidou Baldeh was in charge of supplying to the State House while Lamin Kuru Kongira was in charge of supplying the prisons. Q: How were you operating? A: By tender. We apply for the tender of those supplies and we were given because our goods were cheaper and our line of supply was consistent. For these reasons discussion was sought with the Department of Finance to give YDE the privilege. Mr. Senghore again asserted that by 2001 YDE started importing large quantities of goods through Baba Jobe; that YDE then started to open up business outlets nationwide in order to provide the rural poor with affordable prices since YDE had the same selling price all over the country; that at the same time YDE had been employing the service of Gambian youths in all its operations in the country; that these youths were paid salaries. Q: When was the first consignment? A: I cannot say exactly when but I know it was in 2001. Q: What type of commodities were in the first shipment of YDE as at that period? A: Cooking oil. Buba Senghore added that subsequently YDE went into rice, sugar and flour also. At this stage Mr. Gomez ended his examination of Buba Senghore for Lamin Jobarteh to pick up from there. Intervention By Jobarteh Q: Mr. Senghore, did you tell the court earlier that you operate a clearing agency A: Yes. Q: Was it registered? A: Yes. Q: Can you produce the certificate?A: Yes, with time I will. Q: Did your agency at any time clear goods for YDE?A: Yes. Q: What type of gods?A: Cooking Oil. Q: At what stage do you start a process of clearing?A: When the CEO of YDE informs us of the arrival of goods. Then I go with my staff go to Maerskline or the civil shipping agency to collect the bill of lading. Thereafter, we proceeded to the Customs to take the single entry document form fill it and take the direct delivery form apply for direct delivery, submit it to the office of the director general. From where it is entered into their way book before it is submitted to the customs officer at the seaport for examination before delivery during which the NIA and Police officers are present. Q: When you see an application for direct delivery would you be able to identify it?A: Yes. Q: Shown Exhibit Y5 and asked what it is?A: It is an application for direct delivery. Q: What happens if all these processes are completed up to the stage of examination?A: After the contents of the container are examined we make payment to the port for handling charges before the gate pass can be issued to us. That gate pass is signed by the customs officer and dated with the number of the SAD form written at the back of that gate pass in the presence of that NIA and customs officers. After this we take away the goods. Q: Are those payments for handling charges normally receipted by the GPA?A: Yes. Q: What are normally written on a gate pass?A: The type of goods, quantity, date and signature of the issuing officers. Q: If you are shown copies of the gate passes will you identify them?A: Yes. At this stage a pile of documents were shown to the witness and asked what they are. He removed copies of gate passes and said those were the ones. Mr. Jobarteh then applied to tender them. Initially the prosecution attempted to object but the court overruled them and accepted the seven copies as exhibits AA12,AA13, AA14,AA15,AA16 and AA17. It was at this stage that the DPP came in to join Madam Jainaba Sambou and Co. The DPP apologized for being late explaining that he was before the Supreme Court. Q: Apart from the gate pass which other documents are normally given to you before goods are taken?A: Delivery orders. Q: Are they receipted?A: Yes. Q: If you see them will you identify them?A: Yes. Q: Shown copies of documents and asked what they are?A: They are delivery notes. They were tendered without objection and marked Exhibits AA18A and AA18B. Q: Again shown Exhibit 18,12 – AA17 and asked at what stage they are given?A: At the end of all transactions. Q: Without them can you take out goods from the port?A: Not at all. Q: Asked to look at the same documents and say what are written on their back?A: The signature of the customs officer, date and the No. On the SAD form. Q: What items and quantity of goods are Exhibits AA13?A: The container is one of cooking oil containing 1190 drums of 20 litres. Q: What about Exhibits AA12?A: It is for seven containers of coking oil. Q: When you go for clearing did you at any time go with any of the two accused?A: Never. Q: As far as you know, was there any time that any of the two accused ever went to the port for clearing?A: Not to my knowledge. Q: The procedure you explained about the clearing containers of cooking oil, do you apply the same procedure in clearing other goods of YDE?A: Yes. Q: If you are shown gate passes in respect of YDE rice imports will you be able to identify them?A: Yes. Q: Shown a big bunch of documents and asked what they are?A: They are gate passes. They were tendered without objection and marked Exhibits AA19 1 – 151. At this stage Mr. Jobarteh applied for an adjournment to allow Mr. Buba Senghore to have more time to search for more documents relevant to the case. The court questioned the reasons at this stage and further asked if the rest of the documents with counsel are of no relevance to the case. Mr. Jobarteh said they are photocopies and would only be prompted to tender them if no more originals are seen. The court insisted that Mr. Jobarteh proceed with the photocopies and tender them until their originals are seen or note that if originals are seen then they would be withdrawn and when not seen the court would still see if they are relevant to the case. At this stage, a great argument ensued between the DPP and Jobarteh; that the defence must be engaged in delay tactics since they had a lot of time with the witnesses before their arrest and added that he himself had advised the police officer who escorted Mr. Senghore to court in the presence of the defence counsels, that he should take Buba Senghore to their office to search for whatever documents are needed and give them to the defence lawyers. That at that time Kuru’s release was in the pipeline. The DPP then questioned how they can come to the court asking for adjournment because of lack of documents. At this stage, Mr. Gomez intervened to tell the court that he is not casting any doubt over the help the DPP had offered; that he had told the court that in his opening remarks in the morning, but after the DPP left for his office, the police had taken both Buba Senghore and Kuru Kongira to the NIA. Up to about 4 O’clock he was with them at the NIA until they received bail. Mr. Gomez informed the court further that naturally from the NIA, the witnesses had to go to their homes. He said this and other constraints are what the defence had faced and are known to the DPP. Since as he said they had called him at about 6 pm asking for his help as the defence team had been refused by the police at the PTS to see the first accused where the team was supposed to meet the two witnesses for discussions. Mr. Jobarteh then added that it is very clear to the DPP that it is one thing for him to give his advice and another thing for the police to do it. Mr. Jobarteh asserted that at about 6 pm when he called the DPP and expressed their difficulty to go into the PTS to have their meeting, the DPP asked him to give his mobile to the police officer at the gate so that he the DPP could tell him to call his senior officer in charge, to tell him to allow the defence to go in and discuss with Baba Jobe and the witnesses. He said the DPP heard the officer saying he does not want to talk to the DPP. Mr. Jobarteh said he told the officer that it is the DPP but the officer insisted that he does not care whether he is the DPP; that his orders are no one is allowed to see the first accused Baba Jobe. Mr. Jobarteh said at that stage the DPP remarked: What is this nonsense about? Mr. Jobarteh continued to put to the court that they continued under the same condition even when they called th! e Crime Management Coordinator. The police commander of the PTS continued to say he is not talking to anybody as he has been given orders not to allow any meeting with Baba Jobe. Mr. Jobarteh finally said it was not until late when the officers allowed them after several interventions of their top officers. The court maintained that Mr. Jobarteh continues with the photocopies, then the court would decide. Mr. Jobarteh then proceeded as thus: Q: When you apply for direct delivery, do they go with other documents?A: Yes they go with SAD forms. Q: Shown 2 documents and asked what they are?A: They are application for delivery. Q: Where are the originals?A: They should be with the director general of customs. Mr. Jobarteh applied to tender them, the DPP objected. The court overruled him on the grounds that it is the court that ordered their tendering. They were accepted and marked Exhibits AA20 and AA21. Q: Further shown 3 documents and asked what they are?A: They are photocopies of gate passes in connection to YDE rice import. Q: Where are the originals?A: They may be in our office. Mr. Jobarteh applied to tender them. The DPP suggested that the photocopies be only marked as ID instead of Exhibits. The court overruled that it had already decided that they would be marked as Exhibits until originals are seen or not. They were marked Exhibits AA21 to AA24. M. Jobarteh then informed the court that those are the final documents the witness brought. The matter was adjourned till the following day for Buba Senghore to continue. _________________________________________________________________ Dream of owning a home? Find out how in the First-time Home Buying Guide. http://special.msn.com/home/firsthome.armx ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~