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Momodou
Denmark
11832 Posts |
 Posted - 22 Nov 2006 : 15:59:21
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BUNJA DARBOE AND CO TRIAL
JUSTICE AGIM RULES AGAINST CAMARA
By Fabakary B. Cessay
Medic Wharf, the Medical Officer at the mile two Central Prisons has testified in the ongoing court martial at the Yundum Barracks on Saturday 11th November 2006.
Medic Wharf told the court that, his name is Corporal Bakary ‘Wharf’ D Kujabi. He said, he lived in Old Jeshwang. He said that he is an officer of the Prison Service and is presently attached to the Medical Unit at Mile Two Prison. Corporal Wharf pointed out that he never received any medical papers of Wassa Camara nor has he given medical papers pertaining to Captain Wassa Camara to anybody. At this Juncture, defense counsel Lamin Jobarteh urged the court to allow the way book of the prison to be brought to court, to show whether medical papers and medicine were received and signed by the accused person’s brother. Medic Wharf said he is not in charge of the way book, but he can bring his medical diary. He was urged to bring the diary in the next adjourned date (on the 16th November). Going Further, medic Wharf said Captain Camara had never visited any hospital and has never visited his clinic at the prison. He explained that they normally visit detainees and convicts on daily basis to examine them and to check there complains. He noted that if their complains are necessary to be referred to the hospital, they will be escorted by the medical officers to the RVTH. He said after the procedures, the medical papers are handed over to the medical officer at Mile Two. He narrated that on one of his daily routines from cell to cell at the main yard to the security wing on the 21st April, Captain Wassa Camara complained to him about, headache, fever, dizziness and joint pains. He said he saw marks on the head of Wassa and asked, ‘Sir what about those marks on your head and he told me those are marks he got from an accident.’ I asked him, when did the accident happen? And he told me, in 2000. Medic Wharf admitted that he had treated Wassa and recorded it in a diary. He said he recorded every thing pertaining to his duties, but that did not include prescribed drugs.
On Thursday 16th November, medic Wharf told the court that he had brought his medical diary to the court. Then defense counsel Lamin Jobarteh asked the court to give him at least ten (10) minutes stand down to study the diary so as to ask questions pertaining to it’s Contents from the 21st April to the end of April.
He said he wanted to use the diary to enable him to lead his witness. At this juncture, the prosecutor, Emmanuel Fagbenle objected to the application and said the diary is a public document, even though it is before the court. He said the counsels can look at it only under the direction of the witness. ‘It is not only the privacy of the accused person but it also contained the privacy of other people, the diary can be admitted only for the witness to assist the counsel in the presence of the court,’ he emphasized.
The defense argued that hence the document is before the court; the issue of privacy cannot arise any more. ‘I therefore need to satisfy myself to the portion of the diary that is relevant to examine the witness under this circumstances, I therefore want a short time to study the diary, so as to examine my witness in a proper way’, he lamented. The judge advocate, Justice Agim, said the defense did not lay the fact before the court to study the document before it can be tendered, since form the 9th to 16th November. He also agreed with the prosecution that the diary contains other people’s privacy. Justice Agim asked the witness when he arrived at the court, the witness replied that he arrived at 9:45am. Agim said the defense should have studied the document before the sitting commences because the witness told the court that he arrived by 9:45am. Counsel Jobarteh dismissed that the witness has arrived at the court at the said time. He said that he had arrived earlier and was looking for Wharf so as to check the diary before the sitting commence. He said even the prosecutor was assisting him to locate the witness. ‘I have to study the diary so as to guide the witness, the witness cannot tell me where is relevant to check’, he emphasized. At this juncture, he was granted chance to check the relevant portion of the diary so as to lead his witness. Jobarteh then informed the court that he wanted to tender the entire diary. The diary was tendered as a sick record book and mark TWT exhibit four (4). The DPP argued that they can extract the portion from the book hence the witness said that they are still using the book. Jobarteh said the relevant portion can be copied and the book can be returned to mile two. He said the witness was lying under oath. He said he wanted to take the witness as a hostile witness and will prove to the court that he was not telling the truth. Mr. Jobarteh pointed out that the witness is not worthy to be given credits because he has given contradictory statements and the statements were only intended to mislead the court. There is no iota of truth in his statement, the particular document he should have brought is not this one’. Justice Agim then granted the defense the opportunity to treat the witness as a hostile witness. Mr. Jobarteh asked the witness whether it is true that the entry in their book starts at January and end at December, he replied no. Medic Wharf indicated that he couldn’t remember when they began using the diary. He also said that the closed date of 2005 to the start date of 2006 is in another book, which is filled up. Jobarteh asked him why he did not bring that book, Wharf said the other book has nothing to do with the accused person because he was arrested in March. Medic Wharf said the first entry date in the diary begins 4th April 2006 and all of them (medical officers) do the recordings. He added that they work on shift duties on weekly basis but that not all of them signed in the diary. Wharf noted that from the 5th April to 8th April, four (4) different persons did the recordings but they did not record the hours. He said he first saw the accused person on 21st April and on 2nd July 2006. He added that they don’t have record of the complaints of the accused persons. At this juncture, Jobarteh asked him where he was trained as a nurse. He replied that he had his training at RVTH and has worked at the out patient unit of the hospital. He said that at RVTH, they record the complaints of the patients.
Jobarteh told him to look at where it is written, in the diary Captain Wassa Camara, at the last column, what was written against his (Wassa) name. Wharf replied that the writing was ‘drugs’ Jobarteh asked him whether it is the drugs that were prescribed for Wassa. Wharf said those are drugs that were issued by them for Wassa’s health. ‘Am putting it to you that you are the most unfaithful witness that I have ever seen’. Wharf said, ‘am saying nothing but the truth’. “Am also putting it to you that the reason you did not bring that other book is that you are hiding the truth and that you are not the only medic that has seen the accused person,” Jobarteh said. Medic Wharf said he was saying the truth but agreed that he was not the only medic who has seen Wassa Camara. During cross- examination by the DPP, medic Wharf said he has on record the medical entries of the treatment that was given to captain Wassa Camara. He told the court that he treated Captain Camara on the 21st April and 2nd July 2006. He denied attending Wassa on any other date other than the mention dates. He admitted that the way they keep their records at Mile Two Prisons is different from that of RVTH.
The Judge advocate, Justice Agim, has ruled that the prosecution has proved beyond reasonable doubt that the accused has made his statement voluntarily in the presence of the independent witness and the officer investigating the matter. He also indicated that the independent witness, Babou Loum, was present when the statements were recorded. Agim also believed that TWT 1, 2 and 3 are unshakable on the basis of their evidence, noting that the statements were made voluntarily. Justice Agim said that the accused testified that he was forced, threatened and beaten to make and signed his statement. Agim pointed out that he did not believed in the evidence of the defense that the accused has made his statement under duress and sustained injuries. ‘When we cross-examined the body of the accused, there are lots of scars on his head, but no scars on his chest. There are also many scars on his legs, which he attributed to the accident he had,’ said Agim. Justice Agim also ruled that when the accused was visited by his wife at Mile Two, he complained to her about, dizziness, fever and pains on his sides. ‘If there was another wound on him, he would have informed her about it, there is no medical evidence to support the statement of the accused person.’ Justice Agim ruled that the cautionary statement made by the accused on the 22nd, 24th and 28th March were made voluntarily.
Source: Foroyaa Newspaper Burning Issue
Issue No. 102/2006, 20-21 November, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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