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Momodou
Denmark
11714 Posts |
 Posted - 11 Aug 2007 : 15:17:32
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David Colley's Criminal Trial
Prison Officers Cross Examined
By Abdou Jeli Keita
The criminal trial involving David Colley, the former Director of Prisons and the state continued at the Banjul Magistrates' Court. Chief Inspector Haruna Jobe and couple Famara Sanneh third and fourth prosecution witnesses, respectively, were on Tuesday 7 August cross-examined by defence counsel Antouman Gaye.
Chief Inspector Haruna Jobe under cross-examination, said he was involved in the collection of the generator. When asked by defence counsel Antouman Gaye whether he was aware that the accused, David Colley, obtained the consent of the then Deputy Director (Rose Klyn) before sending them to collect the generator, the witness answered in the affirmative.
At this juncture, prosecutor Touray asked the witness the same question, but defence counsel Gaye argued that he is pleased with the answer of the witness adding that the answer is not ambiguous. He further said, the prosecutor should stop impeaching his own witness, adding that, evidence law, forbids one from impeaching one's own witness.
Corporal Famara Sanneh, said, on 22 September 2004, he was instructed to go to the juvenile wing and collect a generator that was in a box, from Jainaba Touray and officer Sanneh, and took it to David Colley's compound in Yundum.
When asked by prosecutor Touray whether he knows what type of generator it is, he said he does not know because the generator was in a box and he didn't open it. Prosecutor Touray further asked him as to how he knew the content of the box since he didn't open it and he answered that he knew it because he was sent to collect a generator. He said from the day he took the generator to the accused person's compound in Yundum up to now, he knows nothing concerning the generator.
While under cross examination by defence counsel Antouman Gaye, Corporal Famara Sanneh said he was sent to collect a generator and that this was why he thought that the box contained a generator. Defence counsel Gaye, asked him "if for instance Mr. Jobe and others were trying to facilitate the escape of a prisoner in that box" he would not know, he said "yes," he would not know about it.
Prosecutor Touray at this juncture applied for an adjournment to enable him to call five more witnesses.
The trial is adjourned to the 16 of August 2007 for continuation.
Omar Ndow's Trial Again Receives a Setback
By Abdou Jeli Keita
The ongoing criminal trial of Omar Ndow, the then Managing Director of the Gambia Telecommunication Company (GAMTEL), could not proceed on Tuesday 7 August before Magistrate B.Y Camara of the Banjul Magistrates' Court, due to the fact that the defence counsel, Sheriff Tambedou, is out of the jurisdiction.
Magistrate B.Y Camara informed the court that he received a letter from defence counsel Sheriff Tambedu asking the court for an adjournment to a later date in September when he shall be back and be within the jurisdiction. Magistrate B.Y Camara added that, since the case in question is a Criminal Case and a Criminal Case cannot be adjourned for more than two weeks, he will therefore continue with the matter on every fortnight until the return of defence counsel Tambedou.
At this stage, the police prosecutor (ASP Bojang) argued that he should also be served with the said letter because he is part and parcel of the case. The accused Omar Ndow is standing trial for the alleged abuse of his official duties in his capacity as the then Managing Director of Gamtel.
The trial is adjourned to the 21 August, 2007.
Pirang Land Dispute Trial Suffers Setback
By Modou Jonga
The two counts criminal trial involving fourteen residents of Pirang in the Kombo East and the state, did not proceed at the Brikama Magistrates' Court on Monday 6 August, 2007, due to the absence of the prosecutor ASP Camara.
All the accused persons were present when the case was called before Magistrate M'bai. At this juncture, prosecutor Corporal 413 Sanyang who held brief for the prosecutor, ASP Camara, told the court that the latter has gone to the police headquarters in Banjul.
The accused persons who pleaded not guilty were dragged to court by the state on 30 July on two count criminal charges preferred against them. The accused persons are alleged to have unlawfully entered the farm of M.G Fielder, which is situated at Pirang, and committed wilful damage to the property which had animal feed planted on it by the complainant.
The accused persons were arrested on Saturday 28 July at Pirang by officials of the criminal investigation unit of the Brikama Police Station and put on board a police vehicle and whisked to the said station where they were held for hours before being released on bail. The fourteen were later taken to court when they reported at the said station.
Following the granting of the application for adjournment, the presiding Magistrate noted that arraigning accused persons in court without continuing with proceedings thereafter is typical of prosecutors who appear before his court; that if this matter continues like that, he would discharge the accused persons. He said the prosecutors could view such discharging of accused persons as personal and could further react by re-arresting the discharged persons. Magistrate M'bai said such acts manifest disrespect to the court and disregard to the ethics of prosecution.
Magistrate M'bai further told the prosecution to be resolved to proceed on the next adjourned date, August, 15 2007, otherwise, he could discharge the accused persons.
Our reader could recall that the presiding Magistrate, while having granted bail to the accused persons, has ruled that the accused persons and their agents refrain themselves from interfering with the said land pending the final determination of the case.
Dudu Kassa Jaata And Co. Trial
Gets a New Magistrate
By Modou Jonga
The trial involving the state and Dudu Kassa Jaata and others will be heard by Magistrate Ayub Johnny Njie, at the Brikama Magistrates' Court on 13 August, 2007.
The accused persons who denied the allegation of assault causing the complainant (Hawa Jatta) actual bodily harm, were charged shortly after the National Assembly by - election in Kombo East.
The alleged assault is said to have been committed on 15 may last year at Pirang, in the Kombo East district in Western Region.
The trial has been dragging for more than one year presided over by Magistrate Tabally (now transferred) and Magistrate Martins (now sacked).
Readers may recall that the principal accused, Dudu Kassa Jaata was sometime this year arraigned with seven others at the Kanifing Magistrates' Court before Magistrate Abdoulie Mbackeh, on charges of arming themselves in public and obstructing police officers while executing their duties.
Source:Foroyaa Newspaper Burning Issue
Issue No. 92/2007, 8 - 9 August 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12309 Posts |
Posted - 11 Aug 2007 : 15:36:24
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Momodou,
Thank you for posting this insight into the way justice is proceeding in the Gambia at this time. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11714 Posts |
Posted - 28 Sep 2007 : 18:49:46
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In Pirang Land Trial,
Accused Persons Discharged
By Modou Jonga
Senior Magistrate E. F. M'bai of the Brikama Magistrates Court on Tuesday 25th September 2007 discharged fourteen accused persons, all of them residents of Pirang in the Kombo East.
The fourteen who pleaded not guilty were dragged to court by the state on 30th July 2007 for allegedly entering the farm of M. G Fielder on 28th July and damaging the animal feed planted by the said M. G. Fielder.
When the case was called on Tuesday 25th September, Magistrate M'bai noted that the case was adjourned till 25th September. He stated that the prosecutor told the court that his witness was not yet in court and as such, the case was stood down and later deferred.
Magistrate M'bai noted that the prosecution witness and the prosecutor ASP Camara were absent. He stated that no reason was advanced for the absence of the prosecutor. He said all the accused persons were present in court that day except the third accused person.
Magistrate M'bai noted that it is the ultimate responsibility of the prosecutor to proceed with his case and be resolved to prove it beyond reasonable doubt, but that the prosecutor has done the contrary. He accordingly discharged all the accused persons on the charges preferred against them.
Old Man Arraigned For Injury On Cow
By Modou Jonga
Jerreh Kulai Bojang, a resident of Brikama was on Thursday 27 September, 2007 arraigned in court for allegedly causing injury to a cow on 26 August. The accused is alleged to have willfully and unlawfully chopped the said cow with a cutlass. The cow is said to be the property of one Bakary Dembo Santang Bojang.
When the charged sheet was read to the accused in a language he claimed to understand, the latter admitted to the court that he injured the said cow but that the said animal has entered his orchard. The presiding magistrate Njie ruled that a plea of not guilty be entered for the accused. The prosecutor was sub-Inspector Saine.
Source: Foroyaa Newspaper Burning Issue
Issue No. 114/2007, 28 - 30 September, 2007 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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