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Momodou
Denmark
11804 Posts |
 Posted - 21 Feb 2007 : 19:27:04
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AT THE COURT MARTIAL
"I INSISTED FOR AN ATTORNEY" Says Captain Mendy
By Fabakary B. Ceesay
Continuing his testimony at the court martial on the 15th February 2007. Captain Pierre John Mendy said that he protested to see an attorney before he could write his statement, but that never materialised.
According to Captain Mendy, on 19th April, the panel came to Mile Two Prison and he was paraded before them and Lamin Cham read out the cautionary statement to him. "He asked me, what is your opinion and I told him I will reserve my opinion until I see my attorney. But I did not see my attorney and I was not given any reason as to why," he said. Captain Mendy further said that there were six to eight members who were present as a panel; that among them he knew Lamin Cham, Boto Keita, Nfally Jabang, ASP Ceesay and Sowe. When asked whether he knew Babou Loum, he said that he was seeing him for the first time when he was in the witness box. Captain Mendy, explained that on 1st June 2006, he was taken from his cell to the conference room of the mile two prison together with other accused persons charged with concealment. He said that, among them were Captain Abdoukarim Jah, Lieutenant M.A Bah, Corporal Samba Bah, Lance Corporal Babou Janha, Private Alagie Nying and Hamadi Sowe. He added that they were later taken to the NIA headquarters, and there he went with Lamin Cham to an office. Capt Mendy said "He gave me a blank witness form. He told me that you guys are going to be state witnesses.. I told him if we are to be state witnesses, then the cautionary statements should be cancelled," said Mendy. He said that Cham then told him to just write but he responded that he could not do so without his attorney being present. Mendy said that he later wrote a statement in which he indicated "I reserve my opinion until my attorney is present." Captain Mendy explained that he showed Lamin Cham his back, head and hand where he sustained injuries from the beatings. "I told Lamin Cham to bring my cautionary statement of the 23rd March 2006 so that it can be cancelled, but this never happened" said Capt. Mendy. He continued "they told me that if I write the witness statement, they will drop my cautionary statement. What they meant is that they will drop the charges against me, released me from mile two prison and use me as a witness against other people." "I signed the statement of the 23rd March 2006, because Hydara promised me that the charges against me will be dropped," Capt. Mendy concluded.
Cross Examination By DPP
During cross examination by the state counsel, Emmanuel O. Fagbenle, Captain Mendy noted that he has been in the service for almost 23 years. He said he was a military police before and that he knew Captain Wassa Camara, as he was also a military police. Fagbenle asked him whether he has ever been arrested prior to this incident. Mendy replied that he had never been arrested in his life and has never been in a police station. Fagbenle asked him whether he had ever participated in the arrest of any person, he replied that he has never, but only to "dekit." Asked whether Lamin Cham forced him to write his statement, Capt. Mendy replied that he tried to force him but he refused. Capt. Mendy denied that he was arrested on the 23rd March 2006, saying, "I was the first to be taken to mile two, the records are there." Fagbenle asked whether it is true that on Monday 20th March 2006, he was having some discussions with the then CDS, Colonel Ndure Cham. Mendy replied, "I cannot recall that." Captain Medny said that while he was the commanding officer of the Fajara Barracks, the present CDS (Col. Lang Tombong Tamba) called his office to inform him that Colonel Cham was coming there for the certification of soldiers who were having training with the American soldiers. He explained that as the normal military practices, he organised a quarter guard to honour his presence. Mendy said that after Colonel Cham inspected the quarter guard, he proceeded for the certification. Fagbenle asked him when that happened and Mendy replied that it happened three (3) weeks before the alleged coup incident. He was asked whether Colonel Cham has ever visited the barracks while they were fencing it and Mendy replied that he cannot remember that. Fagbenle asked "On what occasion did Colonel Cham visit the barracks and asked RSM Bah to talk to you about the coup?" "If the Colonel cannot talk to the Captain, who is an RSM to talk to the Captain?" replied Mendy.
COUNSELS TO ADDRESS THE COURT
Counsels Lamin S. Camara and Borry S. Touray, have on Saturday 17th February 2007, told the court martial at the Yundum Barracks that they are preparing to address the court on the totality of the evidence before the court on the 22nd February 2007.
Lamin S. Camara, counsel for accused persons, No. 5 and 6, Captain Abdoukarim Jah and Lieutenant M.A Bah, respectively, said he will not put his witness before the witness box but that he will rely on the totality of the evidence before the court. He said his address will also be based on the evidence adduced by the prosecution. Counsel Camara who was also holding brief for counsels Lamin Jobarteh and Lamin Mboge, who were not present at the court said that he cannot decide whether to put their clients before the court, because he was not asked to do so.
Earlier on Friday 16th February 2006, counsel Lamin Jobarteh informed the court that he has to decide whether to put his witness in the witness box. He said there is the likely chance that he would not put his client in the witness box to give evidence. Counsel Touray, also indicated that he wanted to address the court in the oral form but not in a written form as suggested by the Judge advocate, Justice Akomaye Agim. The case was adjourned to Thursday 22nd February 2007.
Source: Foroyaa Newspaper Burning Issue
Issue No. 021/2007, 21-22 February, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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