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Momodou
Denmark
11833 Posts |
 Posted - 07 Nov 2006 : 14:28:01
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BUNJA DARBOE AND CO
ANOTHER TRIAL WITHIN A TRIAL
By Fabakary B. Ceesay
The treason trial involving Captain Bunja Darboe and others by a court martial continued at Yundum Barracks on Thursday 2nd November first class detective 1580 Abdoulie Sowe, as a prosecution witness testified. Detective Sowe told the court that he knew the third (3rd) accused person, Captain Wassa Camara, on the 21st March 2006, when the coup against the government of The Gambia was foiled. He said that he was part of the panel setup to investigate into the foiled coup. He said that Captain Wassa Camara was brought before the panel and was asked to explain what he knew about the coup. According to him, after Wassa has explained to the panel, he was then asked to obtain a statement from him. He said that, he then took the accused person into another office to obtain a statement from him. He added that the accused was seated before him and then he introduced the witness to him by the name Tijan Bojang. He noted that, he explained to the accused person that the independent witness was there to witness that he gave his statement in his presence (the independent witness) without duress or torture. Detective Sowe said that he read the cautionary words to the accused person and to the understanding of the accused person, he then signed and the independent witness also signed. He added that, Captain Wassa Camara then chose to write his statement voluntarily, noting that the accused had signed and the independent witness also signed.
Detective Sowe told the court that, on the 24th March, Captain Wassa Camara was brought back to the panel where he was asked certain questions. He narrated that after Wassa had finished his explanation, he was asked to obtain an additional statement from him.
1580 Sowe pointed out that he then introduced Tijan Bojang as an independent witness to the accused person and that he read the cautionary warnings to the accused person that whatever he said will be used against him as evidence. He said that, the accused signed and the independent witness also signed. He said that he then asked the accused whether he wanted to write his own statement or he (Sowe) should write it for him but the accused person preferred to write his own statement which he and the independent witness signed.
According to 1580 detective Sowe, on the 28th March, Captain Wassa Camara was brought back to the panel again to answer to certain questions and that after his explanations to the panel, he (Sowe) was asked to obtain a statement from him (Wassa). He noted that he then introduced one Babu Loum as the independent witness and that he also cautioned the accused that anything he said would be used against him in a court of law. The accused then signed it and the independent witness also signed. He said, the accused decided to write his own statement, as it is an additional statement. He said both the accused and the independent witness signed.
Going further, Sowe said that Captain Wassa Camara was brought to his office on the 19th April and he was asked to obtain a voluntary statement from him. He said he cautioned him in the presence of the independent witness called Babu Loum from Barra. He added that Captain Wassa Camara then decided to write his own statement all by himself and signed it in the presence of the independent witness. At this juncture, he was shown the statement. He indicated that was the statement pointing to his signature and that of the independent witness. The statement obtained on the 22nd, 24th and 28th March 2006 were tendered before the court and marked as TWT, Exhibits one, two and three. Detective Sowe said that the independent witness came from Barra in North Bank Division and that he is a video club operator.
CROSS-EXAMINATION
During cross-examination, Detective Sowe said that he had been in the police force almost 13 years and that he first worked at the Police Intervention Unit (PIU). He also said that he had worked at the CID Unit at the Serious Crimes Unit at Police Headquarters in Banjul and that presently he is at the Major Crimes Unit of Police Headquarters in Banjul.
Defence Counsel, Lamin Jobarteh asked the witness at what stage of their investigation do they obtain the voluntary and cautionary statements. "We obtain the voluntary statement at the end of the investigation and the cautionary statement at the beginning of the investigation." Detective Sowe indicated that it is in line with his police duties to caution the accused and that it is a requirement also for the independent witness to be present but that the accused did not ask for the independent witness. Mr. Jobarteh asked Detective Sowe whether the accused was not entitled to a lawyer. Sowe replied that it is not to his knowledge if the accused is entitled to a lawyer. Jobarteh put it to him that "I am very disappointed that you said you don't know whether the accused is entitled to a lawyer." 1580 Detective Sowe said that the statement, which was obtained on the 22nd March, was recorded at his office at the Major Crimes Unit at NIA Headquarters. Counsel Jobarteh put to him that there was no office at NIA complex called major crime unit. Mr. Jobarteh further put it to him that there is alteration and changes in the statement that was obtained on the 24th March. Sowe said that there were no alterations and no changes to the statement. Mr. Jobarteh further put it to him that the independent witness, Babu Loum is an NIA officer and that there is no where in the world where Babu Loum operates a video club neither to talk of Barra. Detective Sowe said that he was aware that Captain Wassa Camara had appeared before television broadcast and that was part of their investigation. Jobarteh said "You are not been faithful because you don't put all cases on TV." The witness said that the reason for parading the accused person on TV was that Captain Wassa Camara told him that he and his colleagues regret their involvement in the coup and that they wanted to appear on TV to apologize to the general public for the alarm they have caused to the public.
Detective Sowe noted that Wassa Camara did not put that in writing about going to the TV because the accused told him that he could only say that to him in person. Detective Abdoulie Sowe pointed out that Captain Wassa Camara did not appear before with any injuries. "I am putting it to you that Captain Wassa Camara showed you the injuries he got from torture on his back, thigh, legs and head," Jobarteh said. Sowe denied that Camara had appeared in that mood. First class Sowe admitted that there was an armed man present when Captain Wassa Camara was taking his statement but that the armed personnel was at a distance and for their security. The trial continues today
Source: Foroyaa Newspaper Burning Issue
Issue No.95/06, 3-5 November, 2006
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Momodou
Denmark
11833 Posts |
Posted - 07 Nov 2006 : 15:02:24
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BUNJA DARBOE AND CO
Trial Within A Trial Continues
By Fabakary B. Ceesay
The trial within a trial (TWT) at the court martial continued on Friday with the cross-examination of the first prosecution witness, Detective Abdoulie Sowe. This TWT is meant to determine whether or not the cautionary and voluntary statements were obtained from Captain Wassa Camara voluntarily.
Cross-Examination Of Detective Sowe
During cross-examination by Lawyer Jobarteh Detective Abdoulie Sowe indicated that he had never attended Armitage High School. He said that he had attended Kosemar Primary School from primary one to six and then St George's Secondary Technical School. Counsel Jobarteh put it to him that, he was a student at Armitage but because of his bad behaviors he was expelled.
Detective 1580 Sowe indicated that the independent witness Tijan Bojang had appeared before him on two (2) occasions, namely on 22nd and 24th March to sign as an independent witness. Lawyer Jobarteh then said: "I'm putting it to you that Tijan Bojang appeared only once and signed all the statements, I'm also putting to you that Tijan Bojang appeared before you to sign the voluntary statement of Captain Wassa Camara on the 23rd March and on the 19th April 2006."
Mr. Sowe told the court that his duty to the panel is not only to record statements but to also ask the accused persons of their knowledge and involvement in the coup.
He denied that he was the most junior officer of the members of the panel. Mr. Jobarteh asked him whether he had a mouth to speak at a place where the Inspector General of Police, Deputy Inspector General, Commander of Navy, the Director of NIA and all heads of other security units were present. Sowe replied that on his legal duties, he has a mouth to speak, but denied that the heads of the security units were present when Captain Wassa Camara was brought to the panel. He noted that the panelists were 1580 Detective Abdoulie Sowe (himself), 1838 Detective Lamin Cham, Detective Corporal 1208 Boto Keita, Detective Sergeant Sainey Ndure, Detective Inspector Modou Lamin Ceesay, ASP Demba Sowe, Ousman Bojang, Nfally Jabang of GNA, Musa Bojang, Tambajang, Faye and Hydara of NIA. He pointed out that there was no armed officer within the confines of the hall but that the armed officer was standing at a distance from the entrance of the hall, Jobarteh put it to him that there was an armed officer standing in the hall and pointing a gun at the accused person. He replied, "That was never to my knowledge."
Independent Witness Testifies
Tijan Bojang, a native of Sukuta village was the second witness to testify before the General court-martial at the Yundum Barracks on Friday 3rd November, 2006.
Mr. Bojang informed the court that while he was at his home on the 22nd and 24th March, a friend of his, Lamin Cham, called him on a phone and indicated to him that he had a case and needed an independent witness. He said upon his agreement with Cham to serve as a witness, Cham told him to come over to the NIA office at the Major Crime Unit. He said that upon his arrival he found Abdoulie Sowe and Wassa Camara there. Lamin Cham then introduced him to Abdoulie Sowe as a friend who is to serve as an independent witness. He added that Sowe also introduced him to Captain Wassa Camara as an independent witness and that his statements were taken on his free will. He added that the accused person did not object for him to be an independent witness and that they signed. He told the court that while Captain Wassa Camara was writing his statement he was chatting with Captain Wassa Camara as a friend of his friend (Lamin Cham). He further told the court that it was Lamin Cham who introduced him to the accused as a batch mate of the accused. He said when the accused finished writing his statement he signed and he also signed.
Cross-Examination By Counsel Jobarteh
Counsel Lamin Jobarteh asked the witness how many times he appeared as an independent witness and whether he also appeared as an independent witness on the 23rd March and 19th April. Mr. Bojang replied that he could not remember how many times because it had been a long time. He however noted that he never signed as a witness on the 23rd March and 19th April. "I only appeared as an independent witness on the 22nd and 24th March," Bojang said. Mr. Jobarteh asked him whether he will be surprised to see his signature on the 23rd March and 19th April on the documents. He replied that he would not be surprised because he served as a witness to many accused persons. Mr. Jobarteh then said: "I'm putting it to you that Abdoulie Sowe had said that you have never appeared before him other than on the 22nd and 24th March." Mr. Bojang pointed out that they were seated at the centre of the room but the armed officer was outside the room though he could be seen when the door to the hall was open. Jobarteh asked him whether it is true that he was chatting with the accused when he (the accused) was writing his statement and what were they chatting about. He replied that it was true he was chatting with Captain Wassa Camara but that it was just the usual chat. Jobarteh asked him whether he and the accused chatted about his injuries and whether he had seen any injuries on the accused. Mr. Bojang said, he never chatted with Wassa about his injuries and that he never saw any injuries on him. Counsel Jobarteh asked him why he had to chat with the accused when his only role was to listen. "We are all brothers and Gambians, so we chat as usual," Bojang replied. "I'm putting it to you that, while the accused was writing his statement, he could not have time to chat with you," said Jobarteh. At this stage the proceeding was adjourned Saturday 4th November 2006. the witness responded that he was chatting with the accused.
Source: Foroyaa Newspaper Burning Issue
Issue No. 96/06, 6-7 November, 2006 |
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Momodou
Denmark
11833 Posts |
Posted - 09 Nov 2006 : 12:57:47
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BUNJA DARBOE AND CO
Trial Within Trial Continues
By Fabakary B. Ceesay
The trial within a trial at the court martial continued on Saturday 4th November with the cross examinations of the independent witnesses, Tijan Bojang and Babou Loum. During cross examinations, defence counsel Jobarteh, asked Tijan Bojang, where the armed officer was sitting and how many of them were in the room when Wassa was making his statement. Bojang replied that the armed officer was sitting outside the room with his gun in his hand and that they were four (4) in number in the room. Jobarteh put it to him that the armed officer was standing with his gun and that the previous day he (Bojang) said they were three in the room. Bojang maintained that the armed officer was sitting and that they were three in the room including Lamin Cham. Defence counsel Jobarteh asked the witness to read the top part of the cautionary statement that is obtained on the 22nd March. He replied that he cannot read. Mr. Jobarteh said that on the last page of TWT one (1), (the exhibit) the independent witness did not sign the document and that there were alterations and scratches on page five of TWT one (1). Jobarteh asked him who could have done those scratches and alterations apart from Abdoulie Sowe, he replied that there are alterations and scratches but could not tell he did that. Jobarteh asked the witness to tell the court which words were altered, Bojang replied that he couldn't read. Jobarteh asked the witness to tell the court which school he attended, Bojang said, "I cannot answer that question." At this juncture, counsel Jobarteh asked Justice Agim to warn the witness to answer his questions in a respectful and polite way but not in rude manner.
Justice Agim then warned the witness to answer the question of the defence. "If you don't answer the questions it means, you don't respect the court, and also that it means you are not telling the truth," said Agim. The witness then replied that he attended Sukuta Secondary School up to form four (4) and graduated with good marks but that he did not pass English language. Mr. Bojang admitted that, all the exams he sat to are all in English. "Then if you said, you cannot read, it means you are not telling the truth" said Jobarteh. "Am saying nothing but the truth," replied Bojang.
Babou Loum Testifies
One Babou Loum, a native of Barra in North Bank Division cum video club operator, said that he was called by Sergeant Ndure on the early hours of the 28th March to come and served as an independent witness to the case of Wassa Camara. He said that Sergeant Ndure asked him to meet him at the NIA office. He said upon his arrival at the NIA, Ndure introduced him to Abdoulie Sowe and told him that he is the person to serve as an independent witness to Wassa Camara. He said that Sowe then introduced him to Wassa Camara as an independent witness and Wassa responded, "No problem." He said that Sowe then told Wassa that anything he write will be taken as an evidence. "I also asked Wassa to write carefully because he was not forced," Loum said. He added, Wassa wrote his own statement. He said he and Sowe later asked Wassa whether he is ready. He added that, Wassa told them that he had finished writing his statement and they all signed and he (Babou) left the office.
DPP Emmanuel Fagbenle asked the witness the names of the people who were present when Wassa was making his statement. Loum said that himself, Wassa Camara, Abdoulie Sowe and Lamin Cham were present. Fagbenle also asked him whether he would be able to recognise the statement; he replied that he will recognise his signature. He pointed to his signature and that of the accused person (Wassa) on the exhibit.
Cross Examination By Lamin Jobarteh
During cross examination, Babou Loum told the court that he attended Essau Primary School and later proceeded to a secondary school. He said that, he spent four years at secondary school and sat to the secondary fourth examinations and passed only one (1) subject that is English language. Mr. Jobarteh asked the witness to look at exhibit TWT 3 on page one (1) at line five (5), six (6) and seven (7) and tell the court who wrote those words. Mr. Loum replied that it was written by the accused person (Wassa). Jobarteh asked him to look at the same place where it was written, "Babou Loum, of Barra," whether it is written by the same person, he replied, no. Mr. Jobarteh asked him who could have written "Babou Loum of Barra and 1580 A. Sowe. Loum replied that it was written by Sowe. Mr. Jobarteh asked him to compare the words, Babou Loum of Barra and Detective Sowe, whether they are written by the same person, he replied in the positive. Jobarteh asked him how many of them were in the room when Wassa was writing his statement and what was the position of the armed officer. He said that they were four in number in the room and that the armed officer was sitting outside. Counsel Jobarteh asked him to tell the court the type of dress Wassa wore on that day and the others. Loum said, he cannot remember the type of dress Wassa put on that day, but that the armed officer was in full uniform, Abdoulie Sowe in civil dress, Sergeant Ndure and himself were dressed in civil clothes. "You cannot remember what was Wassa dressed in but can remember others. Am putting it to you that Wassa was putting on a short trouser," Jobarteh said. Mr. Loum told the court that he was not concentrating on Wassa like he was to others, but that the little glimpse he had on Wassa he can identify something on him. Jobarteh asked him whether he had seen any mark on Wassa's head, forehead and face on that date. Loum said he had not observed any mark on Captain Wassa Camara on that date. "Am putting it to you that Wassa was severely tortured and that resulted to the marks on him," Jobarteh noted. Loum replied that he is not aware of it.
Jobarteh concluded by telling the witness that the only truth he told the court is his name and surname, the witness replied that he was telling the truth. Sitting will continue on Thursday, 9th November. The defence are expected to call their witnesses.
Source: Foroyaa Newspaper Burning Issue
Issue No. 97/2006, 8-9 November, 2006 |
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