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Momodou
Denmark
11835 Posts |
 Posted - 25 Oct 2006 : 21:48:11
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Bunja Darboe & CO Case Testimonies Continue
By Fabakary B. Ceesay
Captain Yaya Darboe and the independent witness, Tijan Bojang, have testified in the ongoing treason trial. Below are the testimonies of the duo.
One Tijan Bojang, from Sukuta village testified before the General Court Martial at the Yundum Barracks on Tuesday 17th October 2006.
Mr. Bojang told the court that while he was at his home on 23rd March, he received a phone call from his friend called Lamin Cham. He said Cham asked him to go and be an independent witness pertaining to the coup plot, which he agreed to do so. He narrated that he then went to the major crime unit at the NIA where he found the accused person, Yaya Darboe, Abdoulie Sowe and his friend, Lamin Cham. He said there were other officers from the Serious Crime Unit and his friend Lamin Cham, introduced him to Abdoulie Sowe, that he is his friend, and he (Cham) has called him to serve as the independent witness. He said that, he was later taken to a room where he was introduced to Yaya Darboe as an independent witness. He explained that Abdoulie Sowe then told him that there is pen and paper to write his own statement or he (Sowe) can write it on his behalf, but Yaya wrote his statement. He added that before he signed as an independent witness, he asked Yaya, whether, he was forced to write the statement and he replied in the negative. He said that after Yaya signed, he also signed and then left. At this juncture, DPP, Fagnbele, asked him whether he will be able to recognise the statement and by how. He said that by looking at the signature of the accused person and his own signature, he will be able to recognise the statement.
WITNESS CROSS EXAMINED BY COUNSEL TOURAY
Counsel Borry Touray asked the witness whether this is the first time for him to served as an independent witness. Mr. Bojang replied that this is the first time in his life time that he has served as an independent witness. Mr. Touray put it to him that the, Major Crime Unit is at the Police headquarters in Banjul and not at NIA headquarters, that Abdoulie Sowe has told the court that the statement of Yaya Darboe was obtained at the NIA and not at the Major Crime Unit at Police headquarters. Mr. Touray told the witness that the accused person’s eye was swollen at that time. Bojang replied that both eyes of the accused person were normal. Touray put it to the witness that his only role was to go to the NIA and sign the statement of Captain Yaya Darboe; he also told the witness that he did not spent more than two minutes there. The witness said, Captain Darboe has spend almost ten (10) minutes to write his statement. Borry Touray said, “I’m putting it to you that you were not present when Captain Yaya Darboe was making his statement, and I’m putting it to you that you are not saying the truth.” “I’m saying nothing, but the truth,’ replied the witness.
CROSS EXAMINATION BY COUNSEL LAMIN JOBARTEH
Counsel Lamin Jobarteh asked the witness whether it is true that he is a mansoner and whether he (the witness) understands measurement. Mr. Bojang replied that he understands measurement, but that his step father, who taught him mansonery did not teach about 6mm, 1mm and 1 inch. Mr. Jobarteh, asked him, whether he had ever built a house and to tell the court about the dimension of the house. The witness said he had built a house before, but could not estimate the dimension. Counsel Jobarteh asked him to explain the size of the blocks and the height of the fence he is building. Bojang said that the sizes of the blocks are four (4) inches and the height of the fence could be eight to nine “courses” from the ground. He also said that the height of the fence would depend on how tall the owner wants it to be. Jobarteh further asked him about the depth of the foundation of the fence, he replied two inches down, but later said the depth of the foundation is two metres into the ground. Jobarteh put it to him that he (Bojang) is an NIA officer and not a masoner. Mr. Jobarteh asked him if he is building a story building or a skyscraper, he replied that he is building a fence. Mr. Jobarteh put it to him that, even the box he is standing in is les than two metres tall, and that there is no serious crime unit at the NIA headquarters. The witness replied that he does not know whether the box he is standing in is less than two metres. He added that there is a serious crime unit at the NIA. Mr. Jobarteh asked him how many accused persons he signed for as an independent witness and whether he will be able to identify any of the accused persons apart from Yaya Darboe. Mr. Bojang said, he cannot tell how many accused persons he had signed for as witness and that he cannot identify any accused person, but that he can identify the statements that he had signed. Mr. Jobarteh asked him whether he had seen any of the accused persons with an injury on the head. He replied that he has not seen any accused persons with an injury on the head. Jobarteh put it to him that he (Bojang) was once posted at the Kanilai Junction as an NIA Officer, and further asked him whether he will be surprised if he brings his (Bojang’s) NIA Card at the next sitting. Bojang replied that he had never been an NIA and has never been posted at Kanilai junction and that he will be surprised if Jobarteh can produce his NIA card.
CROSS EXAMINATION BY LAMIN MBOGE
Defence counsel Lamin Mboge asked the witness to tell the court the time he received a phone call from Lamin Cham and where he met Yaya Darboe, Lamin Cham and Abdoulie Sowe. The witness replied that he cannot tell the actual hour he received a call from Lamin Cham, but that it was in the morning. He added that he met Yaya Darboe, Lamin Cham, and Abdoulie Sowe at the Major Crime Unit at the NIA. Mboge further asked the witness whether he can remember the day and date that he was called and whether he knew what had happened to captain Yaya Darboe before he was called. The witness replied that he can remember the date but not the day. According to him, he was called on the 23rd March 2006. He added that he only knows what happened in his presence. Mboge asked him whether he saw armed men. He went further to ask the witness the number of men who were in uniform and armed. Bojang said he saw an armed officer and he was the only one in uniform. He further asked him how he came to know that those people are officers and whether he is close to them. Bojang replied that he knew them because they are Lamin Cham’s friends and they used to visit each other. He was quick to say that he is not close to them. Mr. Mboge also asked him whether he was present when Yaya was being interrogated by the Panel. Mr. Bojang replied that he was not at the panel, but in another room, with Cham, Sowe and some of the accused persons. Mboge said. “I’m putting it to you that, you were not present at the time Yaya gave his statement, because it was taken in the middle of the night, you are only called in the morning to come and sign.” The witness maintained that he was present. Counsel Mboge finally put it to him that he is a state agent and is being paid for that. He replied that he has not been paid, but that he is a good citizen.
CAPTAIN YAYA DARBOE’S TESTIMONY
Captain Yaya Darboe has testified in the ongoing court martial at Yundum Barracks.
In his testimony, Darboe told the court that he was arrested on 21st March and whisked away to Mile Two Central Prison. He said he was arrested at his residence at Bursubi. He said when they arrived at Mile Two Central Prison, he was taken to the conference room where he was undressed and searched. He said he was led into a cell which was locked by the officers. He said before his the soldiers left, he had asked them where he was going to sleep, and they pointed to a concrete slab and said that is his bed. He noted that he slept peacefully that night without a mosquito coil, blanket or a mattress.
“It was on 22nd March around midnight, when I was almost sleeping, Lieutenant Colley entered the security wing with some officers. I don’t know the officers. They were all armed and some of them were dressed in military camouflage and some in black. The armed officers in camouflage had AK 47 and those in black had Propel Grenade Launchers (PGL). My cell was opened. He (Colley) asked me to follow them. I was not told any reason why I should follow them. When we reached the conference room of the prisons, that was the time I was told, I was going to the NIA to answer some questions. I was handed over to those soldiers in black-black. They handcuffed me and asked me to join a black Toyota pick up. I joined and we headed for the NIA office. I was scared when I was asked to join them (soldiers), because that is the first time I saw that type of uniform (black) in The Gambia,” he remarked.
He said while they were going to the NIA, he was insulted and beaten by the escorts.
Darboe said, “Some of them said you young boys came to the army recently and you were given ranks, and you want to over throw the government.” The driver said “Don’t finish the chop, wait until I join you.” I was being referred to as the food. At the NIA, one tough guy in black uniform signaled me to follow him. He led me outside. There are two flower beds there. There I met somebody who called himself Hell Manger and he said ‘Yaya Darboe, welcome to hell fire’. He asked me to kneel down. I was surrounded by eight men in black uniform. I was still in handcuff. The Hell Manager knelt down and said he was going to teach me the rules of hell fire. He said you have to obey what the Hell Manager tells you if you want to go out of that place. He said from that hell fire, you are going to charity house. Before he proceeded to the next rule, one Lieutenant Musa Jammeh intervened and said Darboe Kunda, and I said Jammeh Kunda. Then he said ‘I know you very well.’ Because of that I did not want you to suffer a lot. Musa Jammeh asked me to follow the procedure so that I can go free. I said ‘you know me. I am not part of the alleged coup plot.’ He said ‘wait, wait He said ‘I know you are part of this thing. All am interested in now is for you to give me the names of all those who are involved and you go free.’ I never accepted to be part of the coup plot. As this was happening, I heard a knock on my left eye. I fell down unconscious for about 10 seconds. The only thing I could feel was stick raining on all parts of my body. Then Lieutenant Jammeh intervened and I was asked to sit down. Then my eye started bleeding. All this was to get the statement they wanted from me. After thirty minutes of torture, I asked them to give me time to tell them what they wanted. Then one of them who understood my language said I should not joke with them. The torture lasted for one hour thirty minutes. Then one of them said “Tomorrow you are going to come and give a statement” I gave them a story since they controlled me. They wanted me to say that I am part of the coup. They pin pointed certain parts of the story which they were not happy with. My eye bled for about thirty minutes. Musa intervened and asked me further questions. There was a man standing near me with a yellow bag. I could hear that man whispering to Musa, and Musa said “No need.” Darboe remarked.
He further told the court that one of the interviewers had indicated that he (Darboe) should be ready for burial. He said about five sticks rained on his body.
He said at this juncture, the Hell Manager asked the others to start the burial (the beating). He noted that they beat him at that stage, adding that the beating was painful.
“They were using branches of a palm tree to beat me. The pain was too much and I started screaming. Any time I screamed too loud, the Hell Manager took sand and put it into my mouth. I spitted the first part of the sand out. The Hell Manager asked those beating me to stop and he cautioned me. He asked me why I am throwing the sand out. I told him, I throw it because it is sand. Then he said you have no choice of food in hell. I tried to explain. I said this is not food. He said don’t play with me. The sand should not come out again.’ The burial (beating) started again. The branches of the palm tree were broken and it could not be used for beating any more and so they said the burial is over. Then the Hell Manager said I should prepare to go to the charity house. Then he brought about five cables. You have to crawl or roll from hell fire to charity house,” he pointed out.
He said he was at this juncture told that the cables would be used to beat him and the faster he reached charity house, the better for him. He said he rolled to charity house while his hands were still in handcuff. He said he was struck with a bundle of cables while he was rolling to charity house. He alleged that the beating stopped when he reached charity house. He noted that two of the men brought a concrete block and put it on his back while he was lying on the ground.
He said the purpose of the beating was for him to say what they wanted from him.
“They wanted my statement to conform with the statements of Captain Saikou Seckan and Captain Bunja Darboe’ he told the court.
He said they later lifted the block from his back and put it aside. He said the Hell Manager had told him that he is going to make a statement and if he deviates from what he told them, the lessons meted out to Pharing Sanyang and Wassa Camara will be meted out to him. He said he spent about one hour, forty five minutes at the NIA before he was taken back to the Prison.
He said the following day he was put on board, a vehicle and taken to the NIA. He said at the NIA office, he was led into a room where he met the investigators. He said the table in the room had blood stains and a hammer. He said he had told the investigators that he has not discussed a coup plot with anybody. He said he later entered a room with Abdoulie Sowe where his statement was taken. He said the independent witness, Tijan Bojang, entered the room after he had written and signed his statement. He further indicated that Tijan Bojang also signed the statement.
He said he was tortured on the 6th and 7th April 2006.
“This time with Captain Bunja Darboe. We were all tortured at the same time. I was taken for treatment at the eye clinic at RVTH on 21st of April. I was asked to go back on 24th April,” he remarked.
He pointed out that his medical papers were given to the Medic Officer at the prisons. He said on 26th March, they were taken to the NIA so that their statements would be recorded by GRTS television. He said while at the NIA on 26th March, Sowe asked him to add words like, “I will lay an ambush. I will demolish any plane that land and I will deal with any person who wants to interfere with the operation” to his statement.
During cross examination, Captain Darboe told the Prosecutor, Fagbenle, that he did not see Lieutenant Colley at the NIA. He denied Fagbenleh’s claim that Abdoulie Sowe read a cautionary statement to him. He also told the court that Abdoulie Sowe did not force him to make a statement. He said he dated his statement because Sowe asked him to do so. Fagbenle put it to Darboe that there is no office at the NIA called hell. Darboe replied that he did not enter any office called hell. Fagbenle put it to him that there is no officer at the NIA called Hell Manager. Darboe replied that he did not say that Hell Manager is an NIA officer. Asked by Fagbenle whether the arms he talked about are official arms, the witness replied in the positive. He said he has been seeing those arms and is familiar with them. He said the people who tortured him are different from those who were at the investigating panel.
Source: Foroyaa Newspaper Burning Issue
Issue No. 91/2006, 25-26 October, 2006
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