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Momodou
Denmark
11841 Posts |
 Posted - 06 Sep 2006 : 23:37:12
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FARATO IMAMSHIP TRIAL
POLICE OFFICER TESTIFIES
By Modou Jonga & Yaya Dampha
The assault trial involving the Imam of Farato village Samba Bah (the complainant) and Kembo Saho (the defendant) continued on Tuesday 5th September at the Brikama Magistrate Court.
Kemo Saho (the defendant) was charged with assaulting the complainant with a cutlass and the bail that was granted to him was revoked, after he re-assaulted the same complainant. Lawyer Borry Touray represented the accused person (Kemo Saho).
Testifying in a packed courtroom, Mr. Bubacarr Jammeh, a Police Officer at the Brikama Police Station, said he recognised both the defendant and the complainant. He further said that he met with Kemo Saho (the defendant) at the Brikama Police Station with a cutlass. He said the defendant informed him (the witness) that he has a dispute with the complainant (Samba Bah).
According to the second witness, he asked the defendant about the whereabout of the complainant, but the defendant said he could not tell. He said the defendant was informed that the complainant was admitted at the Brikama Health Centre. He said the said cutlass was taken from the defendant. He said the defendant was cautioned and the cutlass was kept.
The complainant, according to the second prosecution witness, was taken to the Health Centre by the Police and they (the Police) were informed at the said Health Centre that Samba Bah would be referred to RVTH. Later the complainant was discharged and a medical certificate was issued and addressed to the Inspector General of Police.
He said the defendant was put in detention and a statement was obtained from the complainant by the Police when he was at the Health Centre. The said cutlass was shown to the prosecution witness and he said he recognised it. The cutlass was tendered in court and was marked as an exhibit without objection from the defense counsel. The medical certificate of the complainant, too, was tendered in court and marked as an exhibit with no objection from the defense counsel. During cross-examination, by counsel Borry Touray, the witness said he was not an investigator in the case and did only prepare a file on the assault case and not a report. When asked whether he knew that Samba Bah (the complainant) was also charged with assault, the second prosecution witness stated that he was not aware of the complainant being charged for assault, but further stated that he was aware that the defendant (Kemo Saho) was charged with assaulting the complainant.
Borry Touray put it to the prosecution witness that on 6th October 2006, his client was assaulted by the complainant. Touray asked the witness whether he noticed anything showing assault on the defendant when he came to the station, the witness replied in the negative. At that juncture, Lawyer Touray told the witness that he is not a truthful witness since he has failed to acknowledge the assault on his client. Touray further asked the witness whether he is the author of his client’s statement, the witness replied in the positive. At this juncture, the defendant’s statement was read by the witness and it was later admitted in evidence despite objection from the prosecutor. When asked by the defense counsel whether he was not told by the defendant at the station that the said cutlass he brought to the station belonged to the complainant (Samba Bah), the witness replied in the negative. The matter was adjourned to 14 September 2006 for continuation.
Source: Foroyaa Newspaper Burning Issue
Issue No. 74/2006, 6-7 September, 2006
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