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Momodou
Denmark
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 Posted - 02 Mar 2008 : 12:11:10
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Trial of Casamance 9 Witness Cross-Examined
By Fabakary B. Ceesay
The criminal trial involving the state and the 9 MFDC insurgents continued at the Banjul Magistrates Court, on Wednesday 27 February. The state witness Samba Gajaga, a security operative was subjected to cross examination by 4 of the accused persons.
Accused person No.6, Tamsir Badjie asked officer Gajaga, what evidence they have against him which led to his arrest. Officer Gajaga replied that there was no evidence gathered about him but taking him to court reveals the evidence. Tamsir asked officer Samba to point out any part of his evidence adduced before the court which is a threat to the Gambia’s security. Samba replied that the 3 photos of the security installations and the documents are clear threat to the Gambia. “I’m putting it to you that those photos were taken by your people,” said Tamsir. Samba replied in the negative, noting that the photos were extracted from their own camera. Tamsir put it to him that their camera only contained photos of their activities in the bush and not the 3 security installations. Samba maintained that the photos were taken from their camera and was developed in the presence of Sidat Jarjue, whom they found the camera with.
The 7th accused person Nuha Jatta asked Samba the reason for his arrest. Officer Samba told him that he was in possession of Gambian documents when he is not a Gambian citizen. “How can a mobile phone be a threat to Gambia’s security,” asked Nuha. Samba replied, “That shows that you were communicating your dubious activities to your partners in the bush”.
During cross-examination by Abdou Salam Jammeh, the 8th accused person, officer Samba Gajaga admitted that they were not having any arrest or search warrant for the arrest and search of his house. Abdou Salam asked whether it is legal to arrest and search his house without any warrant. At this juncture, the state counsel E.O Fagbenle rose to object to that question, arguing that the witness is not bound to answer to that question. He cited a law to back his claims. Magistrate Kayode ruled that the legality of that issue should be determined by the court; but that the court will have in record that there was no warrant for the arrest and search of the accused person. Officer Gajaga indicated that the photos of state house were taken from inside a car, that a windscreen and a wiper can be spotted in the photo.
Abdou Salam asked him whether State House is like a market place where one can just take photos like that. Gajaga said the issue is where to stand and how to do it. He said he cannot estimate the distance from where the photos were taken from the state house. Abdou Salam asked why photos of their activities taken in the bush were not tendered in court so it can be scrutinized with other photos to verify whether they were shot by the same camera. Officer Gajaga stated that the photos were also tendered in court as exhibits. “I’m putting it to you that the photos of the security installations were your own fabrications and that they are not from us,” Abdou Salam said to the witness. Gajaga maintained that the photos were taken by the accused person. Abdou Salam also put it to Gajaga that he was not asked to provide the pass word of the computer labtop, but Gajaga denied that, noting that Abdou Salam was quizzed to reveal the password to the laptop but he refused to do so.
Wuyeh Jarju also asked officer Gajaga the reason for his arrest, but Gajaga indicated that he was not part of the team that arrested Wuyeh. Wuyeh asked whether there is any material evidence before the court that is linked to him, Gajaga replied that there is an ID card, birth certificate and a mobile phone that bears his name. Gajaga asserted that he could not tell the type of sim card in the phone. Gajaga stated that the phones were taken to Gamcel to trace the numbers that they were communicating within and outside the Gambia with other MFDC colleagues.
Sitting continues on 11 and 12 March.
Source: Foroyaa Newspaper Burning Issues
Issue No. 25/2008 29 February – 2 March 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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