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Momodou
Denmark
11804 Posts |
 Posted - 06 Feb 2007 : 13:30:21
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"COURT MARTIAL FILES STOLEN," SAY COUNSELS
By Fabakary B. Ceesay and Annia Gaye
Defence Counsel Borry S. Touray and Lamin S. Camara have on Thursday, 1st February 2007, informed the court martial about the stolen files pertaining to Captain Yaya Darboe's case.
According to Borry S. Touray, the counsel for Captain Yaya Darboe, the court files were stolen from his parent's car. He asserted that the windscreen of Mrs. Sainabou Wadda Ceesay's car was broken and the intruders went away with files including the court martial files. Counsel Lamin S. Camara also confirmed that the files were stolen. He told the court that he knew about the stolen files before Mr. Touray. He said that Mrs. Ceesay informed him earlier before Mr. Touray was informed about the incident. Justice Agim promised the counsels that, he will ask the court clerk to do something to assist them to get the missing files. He asked the prosecutor also to help Mr. Touray with photocopied documents concerning Captain Yaya Darboe's case. The prosecutor, E.O Fagbenle, also promised to photocopy his records for Mr. Touray. Continuing his cross examination, counsel, Lamin S. Camara, asked WO2 Jabang whether Exhibit H (statement) was all throughout with the panel. WO2 Jabang replied in the positive. "WO2 Jabang, I'm putting it to you that exhibit H was put to the general public on TV before it was read," said counsel Camara. "It might have been, but not to my knowledge. It is a long time now," replied Jabang. "I'm putting it to you that exhibit H was shown on TV by someone who is not even a member of the investigating panel," said counsel Camara. WO2 Jabang replied: "It is not correct." "I'm also putting it to you that, exhibit H was not at the time with the investigating panel," said counsel Camara. WO2 Jabang replied that it was counsel Camara who asked Jabang whether there was a date on exhibit H. Jabang replied in the negative. WO2 Jabang noted that he was outside when the reading of exhibit H was recorded. He added that two police officers, Lamin Cham and Abdoulie Sowe, two independent witnesses, Tijan Bojang and Babou Loum, and the GRTS crew were present. Camara asked him whether Captain Bunja Darboe was cautioned before the recording. WO2 Jabang said that Captain Darboe was cautioned before the recording. "Is it contained in exhibit M (Video tape)." Jabang replied? No Sir." Camara further asked him whether he recorded their movements with Captain Bunja Darboe to and from his office during the recovery of exhibit H and he replied that their movements were not recorded. "I'm putting it to you that the recovery of exhibit H, M,N and N1are not recorded in any of your diaries he said. Jabang replied: "Yes Sir." "Does exhibit H contain the names of any of the accused persons?" asked Counsel Camara. WO2 replied: "It does not contain names but Captain Bunja Darboe's Signature." "You said it contained Captain Darboe's Signature. Are you a hand writing expert?" Counsel Camara asked. Jabang replied: "Yes it contained Captain Darboe's Signature, but I'm not an expert."
Cross Examination By Counsel Borry S. Touray
Counsel Borry S. Touray asked WO2 Nfally Jabang whether he can produce any written sheet of paper to show that the accused persons were cautioned with regards to exhibit M (video tape) before they were recorded. WO2 Jabang pointed out that the accused persons were cautioned before they appeared on TV, but that he cannot provide any written document. "Is it correct that the accused persons requested to be on TV," asked Touray. Jabang replied: "Only those who requested were put on TV."
Cross Examination By Counsel Mboge
Counsel Lamin Mboge asked WO2 Jabang whether in his evidence in chief, he did not say that the accused persons requested through Captain Wassa Camara to appear on TV. WO2 Jabang said that was what he said. "Is it correct that in your evidence in chief, you did not mention any independent witness present when the recording was taking place?" Jabang replied that he had mentioned their presence. "Is it correct that, you have watched the video tape (exhibit M)" asked Counsel Mboge. Jabang replied: "Yes, likewise the whole Gambian people." "Did you see the 4th accused person, 2nd Lieutenant Pharing Sanyang on the video cassette (exhibit M)," asked Mboge.WO2 replied: "I did not see him but I watched the TV on that day." Sitting was adjourned to 8th February 2007.
Source: Foroyaa Newspaper Burning Issue
Issue No. 014/2007, 5-6 February, 2007
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