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Momodou
Denmark
11835 Posts |
 Posted - 27 Oct 2006 : 21:21:00
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BUNJA DARBOE AND CO
Wife and Doctor Testify
By Fabakary B. Ceesay and Abdoulie Dibba
Mariama Bah, the wife of Captain Yaya Darboe, has testified in the ongoing court martial at the Yundum Barracks on Saturday 21st October 2006.
Mrs. Darboe told the court that when she first visited her husband after he was arrested, she found him with a swollen face. She said she then requested for Yaya to be taken to the hospital. She said there is a medic officer of Mile (2) called Wharf who told her that there was a vehicle to take Yaya for treatment but it does not have fuel. She said, she told Wharf that she could fuel the transport. She added that she was given a date. “On that particular date, I met Wharf at the gate and I gave him one hundred and fifty dalasis (D150),” she said. She noted that she then boarded a taxi to Serrekunda Health Centre. She said she was later asked by Wharf that she should buy two (2) lenses for her husband, (short sighted lens and a distance one). She pointed out that she was then asked to pay one thousand nine hundred dalasis (D1,900) for the two lenses. She asserted that after paying the amount, she requested for a receipt, but Wharf told her she will be provided with a receipt later. She lamented that she never rested the receipt issue but Wharf always advised her that it will be made available to her later, which has never been the case. She added that she even reported the matter to her husband (Yaya) who advised her to take it easy with them. She said she had never received any receipt from anybody concerning the lens.
CROSS EXAMINATION BY DPP FAGBENLE
Fagnbele asked the witness whether Yaya told her that he had made a confession about the foiled coup and that whether Captain Yaya had hidden certain things from her. She said that since their marriage seven (7) years ago, that Yaya never hid anything from her and he never informed her about any confessionary statement. Fagnbele asked her whether Yaya told her anything that happened to him after his arrest. She replied that when Yaya tried to explain how he sustained the swollen eye, they all cried together and Yaya told her to leave everything in God’s hand. She said she later left due to the time factor given to her. Fagbenle told her that, she was just trying to favour Captain Yaya. Mariama said, “I am not lying because I am fasting.”
TESTIMONY OF THE MEDICAL OFFICER
Testifying before the court Martial on Thursday, a Medical Officer told the court that she is working at the Royal Victoria Teaching Hospital under the Eye Department. She acknowledged receiving a summon from the court that morning and that she was required by the summon to bring the medical report of one Yahya Darboe. The Medical Officer recalled meeting Yahya Darboe on the 21st of April at the Royal Victoria Teaching Hospital and that as a patient, Yahya complained of pain on his left-eye due to trauma he sustained. The Medical Officer acknowledged that Yahya’s left eye was red, the left eye-lid was torn and the pupil of the left-eye was large as a result of the torn on the eye-lid. She told the court that she is the head of the Eye Department and that they recorded the complaint lodged by the patient, their findings after the examination of the patient, the treatment and finally the progress of the patient. She acknowledged having the record of Yahya Darboe in court. She acknowledged that after the examination of Yahya’s vision, they discovered that, he has a poor vision on his left eye’ “6/60 on our terms.” She explained. She pointed out that they treated the eye to improve but not the lens of the left-eye. So, we recommended glasses to improve Yahya’s left-eye’s vision. At this stage Counsel Borry Touray applied to tender the Medical Report of Yahya Darboe. However, the Acting DPP Fagbenle objected to the tendering of the report on basis that the proper foundation for the tendering has not been laid. In his ruling, Justice Agim ruled that the report be admitted as exhibit. During cross examination, the Medical Officer said that she has been working with the Royal Victoria Teaching Hospital for eleven months now. She told the court that it is not correct to say that she does not prepare the report. She admitted that she does not write the report but that she prepared it. She acknowledged seeing many of such patients. There was no re-examination.
Source: Foroyaa Newspaper Burning Issue
Issue No.92/2006, 27-29 October, 2006
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Janyanfara
Tanzania
1350 Posts |
Posted - 29 Oct 2006 : 21:49:18
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| I think a court matial is presided over by military personels?Or is my understanding of military proceedures low? |
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shaka
996 Posts |
Posted - 30 Oct 2006 : 02:36:21
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A court-marshall is a millitary court that determines punishment for members of the military subject to military law. Virtually all militaries maintain a court-martial system to try cases in which a breakdown in military discipline may have occured. .........................in the UK, summary offences are dealt with by the accused's commanding officer. The commanding officer acts as a magistrate, but the accused may only be admonished, reprimanded, fined, denied pay, have his/her privileges restricted or detained for 28 days.
Serious offences are considered by a court-martial. The courts also considers cases when the accused is an officer or holds rank above that of his commanding officer, or when the accused demands such a trial. Prosecution is controlled not by the millitary, but by a Prosecuting Authority that is independent of the chain of command. The defendant's lawyer, furthermore, may be a civilian, and costs may be borne by the military.(source: wikipedia encyclopedia)
Since almost all former british colonies still practice crown law, i guess this is the case for The Gambia. |
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