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Momodou
Denmark
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 Posted - 23 Nov 2006 : 13:21:11
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BUNJA DARBOE AND CO TRIAL
Testimonies of Sowe And Loum
By Fabakary B. Ceesay
The trial involving Captain Bunja Darboe and others continued at the Yundum Barracks on Thursday 16th November 2006. First class detective Abdoulie Sowe and the independent witness, Babou Loum testified that day.
In the case of Private Alagie Nying. Detective 1580 Abdoulie Sowe, a prosecution witness told the court that Private Alagie Nying was brought before the investigating panel on 4th April to explain his role and involvement in the coup. He pointed out that he was asked to obtain a statement from him. He noted that he read the cautionary statement to him, that anything he say will be used against him as evidence in a court of law. He said, Sergeant Ndure called an independent witness, but that the person had declined to be a witness. He said he then obtained the statement from the accused person in the presence of Detective Boto Keita. He narrated that Alagie Nying chose him to write his statement because he (Alagie Nying) could not write. He said, Nying explained in Wollof while he wrote the statement in English. He said he read the statement and explained to the accused person in Wollof. He said the accused person accepted the content of the statement and signed it, and he (Sowe) also signed the statement.
Detective Sowe explained that on another date in May, Private Alagie was brought to the panel to explain his involvement in the coup attempt. He said he was later ordered to obtain a statement from him in the presence of an independent witness by the name Babou Loum. He said he then read the cautionary warnings to the accused person in the presence of Detective Corporal Boto Keita. He said the accused person and the independent witness also signed the statement. He said there was an armed officer who sat at a distance for their security. He said he read the statement to the accused person in Wollof and he (the accused) signed it on his free will without force or duress. He said the independent witness also signed the statement. The statement was tendered and marked exhibit TWT one.
During cross-examination by defence counsel, Neneh Cham Chongan. 1580 Detective Sowe, indicated to the court that he obtained the statement from the accused person on 4th April and that the independent witness refused to sign the statement. He stated that he did not put in writing that the warnings were read to the accused to his understanding. "Am putting it to you that, the accused person had never told you his story twice," said Chongan. Sowe replied, "The accused person had told me his story twice, on the 4th April and in May, when he appeared before me." Defence counsel Chongan, asked, "If it is true that when you took two different statements from the accused person at different time and dates, they would not be exactly the same as word to word," Sowe said "yes, they will be the same." counsel Chongan put it to him that he was the only one with the accused person and the armed officer. Sowe said he was with detective Boto Keita and the armed officer was at a distance. "Am putting it to you that after the accused had narrated his story to the panelist, he did not narrate it to you and that there was no independent witness," said Chongan. Sowe said, "The accused has explained his story to me, but that there was no independent witness, somebody was called upon to be a witness, but he refused in the presence of Detective Boto Keita." Chongan asked Sowe, whether he can recalled telling the court that the reason why there was no independent witness was because the accused denied his involvement in the coup, Sowe said, he cannot recalled telling anything like that to the court. Detective Sowe denied that the accused was brought back after the recording on the 4th April to sign the statement. He also denied that the accused person was subjected to insults, threats and intimidation before he signed the statement. Chongan put it to him that while the tenth (10th) accused person was being taken to another room, the ninth (9th) accused person Lance Corporal Babou Janha was also brought in with his face covered with blood. Sowe replied that that was not the case. "Am putting it to you that Captain Musa Jammeh told the accused to sign before he will jump on him." Sowe said, "there was no Musa Jammeh at the panel or present when the accused was brought in. Mrs. Chongan put it to him that TWT one (the statement) was made after the 27th September 2006, during the cause of this trial, Sowe replied, that it was made in the month of May. Chongan further put to him that TWT one was filed in the court when he (Sowe) started to testify in the court, she noted that it was not filed with the indictment. She also put it to him that, the only time he obtained the statement from the accused person was on 4th April. Sowe replied that he obtained the statement on the 4th April and in the month of May 2006. Chongan asked, did you indicate the month of May in TWT one? And apart from the 4th April and the month of May, did you ever obtained any other statement from the accused person?" Sowe said he obtained two voluntary statements from Nying on the 19th April at the Major Crime Unit at the NIA. He also said that it was witnessed by the independent witness, Babou Loum. Detective Sowe added that the accused person denied the charges that are preferred against him. He said one of the charges against the accused person is concealment of treason. He said he could not remember the second charge against the accused person. He urged the court to allow him to have access to the court's records in order to refresh his memory. Mr. Chongan put it to him that, TWT one was made months afterwards and that there was nowhere the independent witness was present. She added that TWT one has been copied from the statement of the 4th April and that, the accused person was threatened by him (Sowe) and others and was also forced to sign the statement. She indicated that the accused was induced that he will be used as a state witness and that charges against him will be dropped. Sowe replied that the accused was never induced by anyone or threatened to sign a statement. "Am putting it to you that TWT one was taken under threat, intimidation and inducement," said Chongan Sowe replied, "It was taken on his free will without duress."
The independent witness, Babou Loum, told the court martial that he had call on a particular date in May from Sergeant Ndure to come to the NIA to serve as an independent witness. He said upon his arrival at the NIA, Sergeant Ndure then informed Abdoulie Sowe about his arrival. He said Sowe introduced him to Private Alagie Nying that he (Loum) is to serve as an independent witness. He said Nying agreed to the proposal for Babou Loum to be an independent witness in the presence of Boto Keita. He noted that Sowe then cautioned the accused and asked him whether he want to write his statement or whether he (Sowe) can write it for him. He mentioned that the accused chose Sowe to write his statement for him while he explained in Wollof. He said they all signed the statement. During cross examination, Mr. Loum, told the court that he was called while he was in Barra and asked to come to Banjul to serve as a volunteer to witness the case, but maintained that this was not his first time to serve as an independent witness. He said he also served as witness to others, but could not tell how many times he signed as a witness. Mrs. Chongan asked him whether it is correct that he is a good candidate in being a witness, Loum, replied that he cannot say if he is good or bad but that he will be ready to be a volunteer if called upon to be one. Mr. Loum admitted that he appeared only once to witness the statement of Alagie Nying and that he heard everything that Nying was saying. He said he couldn't actually tell the court what Nying had narrated because it is a long time. "Am putting it to you that prior to coming to this court, you have never seen Alagie Nying and that all your narrations were fabrications," said Chongan. Loum said, "I have seen him before and am saying the truth." Mr. Loum indicated that, the statement was in May but he cannot remember the actual date and that there was no date on the statement he signed. "Am putting it to you that it was after all the procedures that you were called in to sign" said Chongan. Loum said, "I was present from the beginning of the writing of the statement to the end."
Source: Foroyaa Newspaper Burning Issue
Issue No. 103/2006, 22-23 November, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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