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Momodou
Denmark
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 Posted - 26 Apr 2007 : 16:18:03
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HOW THE COURT MARTIAL CAME TO ITS VERDICT
By Fabakary B. Ceesay
The president of The Gambia Court Martial, Commander Sarjo Fofana, while delivering judgment 19 April on Thursday indicated that every long journey must come to an end. He added that the whole court process was done in justice and that it was done in peace.
Commander Fofana stated that the prosecution has duty to prove beyond reasonable doubt that the alleged offenders are prosecuted accordingly. Fofana added that the dragging of the case was not an issue as long as justice is not denied. "I think we are now in a position to read out the verdict and we pray that this never happened in the history of The Gambia."
The judge advocate, Justice Akimoyae Agim, added that any body who is excited by the verdict should try to control his or her emotion, saying "especially soldiers, who were trained to be disciplined." He also warned those who might not be controllable or saddened by the verdict, not to harass anybody. He said, "the verdict today is not anybody's responsibility but that of the court."
Agim said that on the 27 September 2006, Chief of Defense Staff, Colonel Lang Tombong Tamba issued an order for a Court Martial to try the accused persons who were all members of The Gambia Armed Forces. He stated that on the 21 March 2006, the accused persons were procuring other people to cause mutiny and to over throw the government of The Gambia. He said that on 11 October 2006, the accused persons were arraigned before the court martial and they pleaded not guilty. He said that the prosecution has called witnesses to testify and the defense also called for a trial within trial of which many witnesses testified. Justice Agim indicated that the prosecution has to prove beyond reasonable doubt that the accused persons were guilty of the said offenses. He said that the statements were confessionary statements. Justice Agim said that it was the idea or view of the accused persons to be put before GRTS so that they will apologize to The Gambian Public. He said the tape is admissible before the court, saying "In that video recording, the tape speaks for itself."
Agim noted that Captain Saikou Secka testified as an eye witness account that he was persuaded by Colonel Ndure Cham and Captain Bunja Darboe to be part of the coup. Agim asserted that Captain Bunja Darboe stated that he was instructed by Colonel Cham to prepare a written address to the public.
He added that Corporal Arjuma Camara also testified that, Captain Wassa Camara came to his guard post at the Abuko Earth Station and asked for one Mr. Njie. He added that Mr. Njie also testified that he was called by one Camara while he was on his way to Senegal but that he told him to see him at his office the following day.
He said that the second accused person (Yaya Darboe) has also gone to Gamtel to cut off the external communication, with the third accused person, (Wassa Camara).
On the fourth (4) accused person, 2nd Lieutenant Pharing Sanyang, "that Corporal Samba Bah's statement indicated that while he was chatting with the 4th accused person, they saw Musa Bojang (Intelligent Officer) was passing by and the fourth (4) accused person kept quiet, he said this clearly shows that the fourth accused was part of the coup. He said that even though Corporal Bah advised Pharing Sanyang not to be part of it, the fourth accused (Pharing) was hiding information from the intelligent officer who was passing by. He also added that when Captain Famara Jammeh told the fourth accused that he heard about a coup being planned, the fourth accused person did not tell Captain Jammeh of what he knew. Instead he sat in his office without doing anything.
On Captain Abdou Karim Jah, Agim said that, Jah stated that he was called by Captain Bunja Darboe to his office but that upon his arrival, he met three civilians there and that he returned for the second time and met him with 2nd lieutenant Pharing Sanyang, RSM Tamba and the other he did not know. Agim added that Captain Jah stated that he did not know what the quartet were discussing but that Captain Darboe promised to call him back which he never did.
On Captain Pierre J. Mendy, Agim said that, Captain Mendy stated that while they were working at the Barracks, RSM Alpha Bah asked him whether he (Mendy) was informed by CDS Cham about the coup and that he (Mendy) replied no. Agim indicated that, according to Captain Mendy he told RSM Bah not to mention the coup to him because he would not be part of it. Agim noted that, during the testimony in chief of Captain Mendy, he said that his statement was obtained under duress, threat and promises. Agim ruled that the court did not believe in his testimony that his statement was not obtained under threat or duress.
On Lieutenant Momodou Alieu Bah, Agim stated that Captain Bunja Darboe stated in his cautionary statement that the then CDS Ndure Cham mentioned to him names of people who were part of the coup which included Lieutenant M.A Bah. He said M.A Bah and Captain Seckan were to take control of the Fajara Barracks.
On Corporal Samba Bah, Agim said that the prosecution has laid evidence against him that he was informed by Second Lieutenant Pharing Sanyang about the coup, and who was to take control of Denton Bridge to State House. Agim said that, Corporal Bah did not do anything to inform a Senior Officer, Magistrate or a Police Officer. Agim said that, Corporal Samba Bah has mentioned in his statement that he did try to stop Pharing from taking part. He said that Corporal Bah testified in court that his statement was not written by him but that he was forced to do so before they got rid of him. On Lance Corporal Babou Janha and Private Alagie Nying, Justice Agim said the evidence against them is the same. Agim said that, going by the tape that was relayed over GRTS TV, Alieu Jobe had informed the two about the coup. Agim indicated that the duo did not do anything to report the matter. He concluded that Alieu Jobe corroborated Omar Faal Keita's statement. He said that their counsel made a no case submission but it was overruled.
After the president of the court pronounced the accused guilty. Justice Agim finally called on the defense counsels to mitigate on behalf of their clients. Counsel, Lamin S. Camara, Borry S. Touray, Lamin K. Mboge and Lamin Jobarteh told the court that the accused persons were military officers of The Gambia Armed Forces with distinguished records in the force and that they are family men, and some of them are with two wives and many children. They said the accused persons are in their prime. They indicated that the ten men had laid their lives for The Gambia and had adhered to the rules and regulations of The Gambia Armed Forces. They urged the court to temper justice with mercy. They said the court can discharged the men from the Armed Forces. They pleaded that sentencing them will not only have serious repercussion on them but on their families.
Justice Agim also ruled that the application for the state to return the vehicles and properties of the accused persons is granted. He said he will write an order and direct it to Director General of NIA, IGP, the Director of Prisons and the Chief of Defense Staff.
However, before sentence was delivered the President of the Court, Commander Sarjo Fofana, indicated that the remarks made by the counsels under the law are recognizable. He maintained that the accused persons wanted to overthrow the democratically elected government of the country. He said several attempts were made to overthrow the government. He said looking at what is happing in other countries, the peace we have will never be compromised and the competent and constitutional authority of the state should not be challenge. He therefore sentenced Captain Bunja Darboe, Captain Yaya Darboe, Captain Wassa Camara and Second Lieutenant Pharing Sanyang to life imprisonment. Captain Abdoukarim Jah and Lieutenant Momodou Alieu Bah were each sentenced to twenty-five (25) years imprisonment, while the rest, Captain Pierre Mendy, Corporal Samba Bah, Lance Corporal Babou Janha and Private Alagie Nying were each sentenced to ten years imprisonment. All sentences are to run concurrently. As the verdict was being read, relatives, sympathizers, cronies and family members of the convicts became emotional and started sobbing. The convicts were quickly whisked away into a mini bus which was escorted by a fleet of vehicles.
Source: Foroyaa Newspaper Burning Issue
Issue No. 47/2007, 25 - 26 April, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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