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Momodou
Denmark
11645 Posts |
 Posted - 10 Jun 2007 : 16:16:32
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FOCUS ON POLITICS
MOJA LEADER SENTENCED,
FIELD FORCE COMMANDER SHOT,
WERE THEY LINKED?
With Suwaibou Touray
We have been focusing on politics, in general, and Gambian political history, in particular. In the last issue, we have started summarizing the proceedings of the MOJA six trial of 1980.
Let us continue from where we stopped. Continued from; http://www.gambia.dk/forums/topic.asp?TOPIC_ID=3643
The defence case was that two bows and two arrows were “curios”, not intended or capable of being used for offensive purposes. The cutlass was rusty and of ornamental value in the defence’s submission. According to records, the following question and answer put in cross examination by defence counsel seemed significant, on the charge or possession of arms and ammunition.
Q. “If I were to carry this machete or these bows and arrows in public, in the street without making any menacing gestures would you arrest me under the arms Act for going armed in public?”
A. “No I would not consider them arms”, replied the police witness.
The Magistrate later ruled that there was no case to answer for any of the accused persons with respect to the cutlass or the bows and arrows. He however ruled that there was a case to answer with respect to the cartridges.
The outlook and the National Newspapers all reported the same thing as above. However the outlook mentioned 174 books as part of the items found in Koro’s house.
THE JUDGEMENT AND AMNESTY INTERNATIONAL’S OBSERVATION
A ruling, done on 10 April 1981, resulted in the decision that four of the accused persons, the second, third, fifth and six accused persons, respectively, had no case to answer on either charges above. It was also held that the fourth accused person, Fakebba Juwara, had no case to answer on the arms and ammunition count either.
The trial then continued against the first accused person, Koro Sallah, in respect of both counts, and against Juwara, in respect of the first count, managing MOJA. The Magistrate used the Society’s Act section 12 (2), to conclude that there was a case to answer in the case of the first count. He then acquitted Koro Sallah of the charge of possession of ammunition, but both, he and Juwara, were convicted of the count of managing an unlawful society, MOJA. They were each fined D500 or six months imprisonment in default.
One of the most sensational trials came to a dramatic end at the Banjul Magistrate Court on Friday 10th July 1981. Mr. Fakebba paid his fine of D500 immediately but when people attempted to pay the fine of Koro, alias King or Shaka, he turned down the offers to pay his fine on his behalf to the amazement of everyone. Koro said, according to Outlook, that he wanted to go to prison to experience or see how Prison life was like in The Gambia. He was then imprisoned for three days before he accepted for his fine to be paid on his behalf. The fine was paid on Monday 13th July, 1981. he was then released from Prison.
The mood of the period was captured by the outlook. It wrote, “Gambian Youths are turning themselves to dare-devils, ready and willing to perpetrate unheard of devilries. And above all, those who covet or disapprove the way and manner our legitimate government is administering the country are longing to topple it by unconstitutional means. And for all these, our once docile government is strongly putting its peckers up, one thing we are alarm about, that is, it should not be frantic so as to attempt killing an ant with a sledge hammer.”
SAMUEL DOE’S VISIT
By November 14th 1980, when the trial was on, the new Liberian leader Samuel K. Doe arrived in The Gambia. He was invited by Sir Dawda so that the friendly ties that existed between the two countries would continue. Little did he know that such a visit would inspire many of the youths to long for change even if it entailed unconstitutional means. Hundreds of youths including the college students at Yundum thronged at the Airport gate to welcome the Liberian leader. He was said to be one of the youngest, if not the youngest leader who seized power through a violent coup d’etat. At the time, the barrel of the gun was more popular in Africa than the ballot.
According to The Gambia Outlook, on that same day, November 14th, His Excellency President Jawara, accompanied by H.E Master Sergeant Samuel Doe were returning from Fajara Hotel; that when the entourage entered their respective cars, ready to move off; that as soon as one of the out-riders attempted to start his motor cycle, it went up in flames. This had alarmed the dignitaries who not knowing what had happened, retreated back to the hotel.
President Lamizana of Upper Volta was also removed from power the same year and many of his ministers had fled the country. All the unconstitutional transfers of power only went to popularize and motivate those who were out to topple governments through that kind of method.
Barely two weeks after the arrest of the MOJA-six and two weeks after Samuel Doe’s visit, on 27th November 1980, Mr. Eku Mahoney, the Commander of The Gambia Field Force, was shot at the Bakau Depot at about 8.30am. He was shot by one Mustapha Danso, a junior Field Force, who shot him with an SLR (Self Loading Rifle). It was established during the trial that after the shooting, Danso gave his gun to Corporal Sanna Saidykhan, who requested for it, and then surrendered willingly.
This has shocked the Nation, no one knew what was happening in the country anymore. Confusion was the order of the day.’ Is this a replication of the Liberian type coup, where-by junior officers eradicated senior officers and seized power?’, was what came to many people’s mind? Danso was arrested and detained at the Remand Wing of Mile II Prison. There was a lot of speculation as to the reason for the shooting. On 8th December 1980, the trial of Danso began. Mr. Ousainu Darboe stood for Danso. When asked to take his plea on the charge of murdering his boss, Danso simply said “I shot him” in Mandinka.
According to Newspaper reports, he also said, “I don’t know whether I killed him or not.” The Presiding judge, Mr. Aboagye then said, “That means that, you are not guilty?” Mustapha did not reply. The defence then requested for about an hour’s adjournment so that the accused person could be taken to hospital for a report on his mental condition. The court granted the request. He was then taken to the hospital. At the time he was barefooted and in shackles.
After his return, Mr. Riley, the prosecutor in his address, according to records, said the accused person was so sane that he carefully evaded questions that would implicate him. He asked the court to disregard the plea that Danso was provoked beyond endurance. He asked, should the expression “you silly Mandinka” provoke a person to the extent of behaving in a manner to cut short the life of one’s commander?” Mr. Riley in his address narrated that the accused person had enough encounter with Mr. Mahoney to have tempered his anger. He added that what he did was premeditated. He said after Mr. Mahoney had passed the accused person at the sentry box at the gate, the accused person had left his post without any permission, passed by a route where he avoided the sentries who were assembling for duty. He argued that Danso had sufficient time to pull the trigger of his gun, and aimed at the commander, not once but three times. And above all, he said, when he saw his fellow soldiers running from the scene, he told them not to run, for the one he wanted, he had got. He then asked, could that saying come from a man in a confused state of mind?
The judge in his judgment sentenced Danso to death by hanging after eight days of trial. According to the outlook, what remained to be seen was whether the death sentence would be carried out or not. Only ten days after the judgment, Mr. Ousainou Darboe who was defending Danso appealed the case to the Supreme Court. According to the Outlook, Mr. Darboe tried to convince the appellate judges that the learned judge erred when he based his decision on the saying of the accused, i.e. you Silly Mandinka. He urged that the previous saying should also be recapitulated to which his client had protested by telling his commander, “If you want to abuse me, abuse me alone, but do not include my parents and my tribe!”
Mr. Riley the prosecutor counter argued that Danso should not be regarded as suffering from what he called “diminished responsibility,” taking into account that the late man told him to hold his gun properly. Quoting the saying, “I am coming to kill you, you ******.”
The Supreme Court upheld the sentence made by the High Court judge and sentenced Danso to hang. So as you can see, as far as the records are concerned, the two cases are not connected.
Continued: http://www.gambia.dk/forums/topic.asp?TOPIC_ID=3786
Source: Foroyaa Newspaper Burning Issue
Issue No. 55/2007, 14 – 15 May 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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