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Momodou
Denmark
11734 Posts |
 Posted - 03 Mar 2007 : 02:57:34
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THE CASE OF THE INDEPENDENT CANDIDATE FOR NIAMINA EAST CONTINUES IN COURT
By Lamin Fatty
The trial of the defeated independent candidate for Niamina East in the recently held National Assembly Election, Ebrima L.S Marenah, and his coordinator, Talibo Ceesay, which was scheduled for 6th February 2007 but could not proceed due to the opening of the Basse High Court, continued on the 20th February 2007 at Jareng presided over by Magistrate Baldeh. Marenah charged with public disorder.
When the case was called, CPL 1260 Kolley appeared for the IGP, while the accused persons stood for themselves. The first prosecution witness identified himself as First Class 90 Seedy Gibba. He said that he could remember on the 19th of January 2007, while on duty, in Jareng around 5 pm, an intelligence officer, Demba Fofana, came together with the Chief of Niamina East, Alagie Kebba Touray, and 5 other Alkalos and disembarked from their vehicle; that they got inside the office of the station officer. He said that he was not told what they had discussed in the office but that after the meeting they then came out with the Chief and stood in front of the Police Station, together with the five Alkalos. He said the Chief started addressing them. 1st Class Gibba explained that his attention was later called by one Madi Noho who asked him as to whether he knew the 1st accused because he was with them and he did not know why he was there. He said that Madi Noho further told him that the first accused was talking to the Alkalo of Njie Kunda; that it was then that he paid attention to the accused. He went on to explain that for the second time, the accused called the Alkalo to the road side and that he advanced towards them but before he got to there the accused left. He said he later approached the accused and invited him to the station. Constable Gibba said while he was leading the 1st accused to the station he looked back but could not see him. The prosecution witness said that he looked around but could not see him but that he however saw his counterpart, the second accused, who was arrested and brought to the station. He said he then asked the 2nd accused about the whereabouts of the 1st accused and he responded that he did not know. He explained that he told the 2nd accused that the 1st accused had run away but that while saying that, the 1st accused just appeared and said he did not run away. 1st Class Gibba said that at that moment, the NIA officer, Demba Fofana, ordered him to put the duo in the cell. During Cross examination the 1st accused, Ebrima L.S Marenah, asked the witness the following questions among others.
Q- Mr. Gibba, how long have you been in the Police Force?
A- 27 years
Q- What do you understand by the word public disorder?
A- Somebody who went to a place where nobody invites him.
Q- Do you know that Jareng Police Station is a public place?
A- Yes
Q- Should someone be charged for public disorder for merely going to a public place?
A- Yes
Q- Is it a crime for some one to also ask about something that he has no knowledge of?
A- No
Q- Does a police officer have the right to insult someone who is just invited to the station and did not resist.
A- No
End of cross examination by the 2nd accused.
P.W.2
Prosecution witness No.2 identified himself as 1st Class 832 Dampha. According to Dampha while he was in the charge office between the hours of 19:30 and 20:00, the Chief of Niamina East, Alagie Kebba Touray was addressing Alkalos in front of the Police Station. PW2 said that it was PW1 Seedy Gibba who informed him that while the Chief was addressing the Alkalos, one Talibo Ceesay from Kudang was present without identifying himself; that he was therefore invited to the station by the said Gibba and that he was asked to sit behind bars for further investigation. He said within that duration, he saw Ebrima L.S Marenah telling Gibba that he won’t run away. “I am the independent candidate for Niamina East,” he explained. He said at that moment Demba Fofana, the NIA officer, ordered Gibba to put him in cell and he Fofana would shoulder the consequences.
Cross examination by the first accused.
Q- Is it true that all what you narrated here in court is based on hearsay?
A- No
Cross examination of PW2 by the 2nd accused.
Q- When I was brought to the police station by 1st Class Gibba, did he put me in cell or not?
A- Yes you were put in cell.
The next person to be called was the 3rd and final prosecution witness, Madi Noho.
This is his testimony:
According to him, it was Fofana who called the Alkalos, the Chiefs and the politicians but he did not know why they were called. Madi Noho said he himself was amongst them and that when they arrived they were called into the station officer’s office one after the other; that while he was sitting in the station vehicle outside he saw the Alkalo of Njie Kunda came out of the station with two others; that he saw the accused talking to him and that he was later joined by the 2nd accused. He said that was the time he approached them and asked the 2nd accused where he was from and he replied that he came from Kudang. Madi Noho said that since he did not know their names, he alerted 1st Class Gibba to tell the Chief to be mindful of what he was saying because the independent candidate they were talking about was with them with some U.D.P members, whereas their gathering was an APRC meeting. According to the prosecution witness, the laws of the I.E.C state that when one political party is gathering no other party should be there. He said at that time the 2nd accused left. He said that Gibba then went for him and asked about the 1st accused and told him that he had ran away; that the second accused told him three times that the 1st accused had not run away. He continued to say that after this exchange the 1st accused came and told Gibba, “Here I am, I did not run away.” Madi further told the court that the 1st accused and Gibba were talking in English which he did not understand but he believed that Marenah was telling him (Gibba) that he was the independent candidate for Niamina East. He said that this was the time Fofana, the NIA officer, ordered Gibba to put him in the cell, which he did. During cross examination the first accused asked:
Q- Did the IEC issue permit for APRC to have a meeting in Jareng on the 19th January 2007?
A- No
Q- Did IEC issue permit to any political party to hold meetings at any Police Station?
At this stage, the prosecution objected to the question. At that stage the case was adjourned to the 13th March 2007 for the defence to open its case.
Source: Foroyaa Newspaper Burning Issue
Issue No. 025/2007, 2-4 March, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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