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Momodou
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 Posted - 01 Apr 2008 : 20:37:46
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MFDC 9 Trial Awaits Judgment
By Fabakary B. Ceesay & Awa B. Bah
The criminal trial involving the state and nine (9) MFDC rebel fighters from the southern Senegalese region of Casamance at the Banjul Magistrates Court, before Magistrate Kayode Olagubutu, is now awaiting judgment.
On Wednesday 26 March, all the nine accused persons testified and made their submissions denying all but one of the four charges levied against them. All of them admitted that they unlawfully obtained Gambian national identity cards by false pretence, though one of them indicated that they obtained the identity cards through the assistance of security personnel. They all emphasised that they were not engaged in any activity that tantamounted to spying or was threatening the security of The Gambia; that their fight is against the Senegalese government. One of them described the allegation as a fabrication and alleged that their arrest arose from the killing of a relative of a Gambian security officer in The Casamance. One of the accused admitted that the statement tendered in court was his statement but he added that it was obtained under duress. The rest refused to acknowledge the statements tendered in court and purported to be theirs were not.
Read on for the details.
Sidat Jarju, the first accused person, indicated that there is no proof before the court that they were involved in transferring fire arms from The Gambia to Cassamance. He said he never knew Sam Kambai, whom the prosecution alleged had stolen fire arms and sold them to the MFDC. Sidat said no evidence was adduced by prosecution that fire arms were sold to them. Sidat denied knowing the person who allegedly took photos of the Gambian security installations around the country. He asserted that those photos were never shown to them in court; that the photos were not shown to him when he was being interrogated by security agents too. Mr. Jarju denied having any knowledge about the photos. Sidat asserted that the reason for their arrest is quite different from what they were charged for before the court; that the motive was that their fighters had killed a relative of Musa Jammeh in Cassamance. Sidat said they were only fighting the Senegalese Government and not The Gambia. He insisted that the charge of spying against The Gambia is false.
Cross-Examination
Sidat said he acquired a Gambian identity card during the election. He admitted that he is an indigene of Casamance and not a Gambian citizen. He said that he has been staying in The Gambia but has never attempted to fight against the Gambia Government. He noted that his family stays in The Gambia. He admitted that he was escorted by officer Lamin Darboe, Salifu Nyang and other police officers to Sousou Photos Lab to develop the film.
Ebrima Colley- Second accused person said that since the inception of the trial there has been no evidence before the court relevant to the case. Mr. Colley asserted that they were only taken to court to defame them and for Gambian people to see them as enemies. He indicated that when Officer Salifu Nyang attempted to show him the photos, Officer Babou Njie stopped him. He asserted that there is no evidence to show that they took photos of State House, GRTS and Fajara Barracks. He denied that Sidat Jarju was the one who took the photos. He said that the GRTS photos were never tendered in court, “Is it that the photos have ran away?” he asked. Ebrima pointed out that it was alleged that they were found in possession of an AK47 magazine but that prosecution witness Officer Gajaga only brought to the court a single barrel rifle and no magazine. Mr. Colley indicated that there was a split within the MFDC in Casamance. He maintained that Salifu Sarjo’s faction, who happens to have relatives working in The Gambia Government, decided to seek help from the Gambian authorities to revenge on their enemies who killed their relatives in Cassamance. He asserted that the MFDC, Salifu Sarjo’s faction, wanted to frighten the Gambian population by accusing them of planning a coup d’etat against The Gambia Government. He further said that they were in the bush fighting for 15 years; that they always restricted their fighters from entering The Gambia with arms. He noted that the Gambian people and those of Cassamance are one people who were integrating before colonial days. He said they gave strict warnings to their fighters that if anybody enters The Gambia and creates a problem, they would extradite the person back to The Gambia.
Cross Examination
During cross examination, Colley said he knew the accused persons as his colleagues. He admitted being a native of Casamance and that he was the first to be arrested among all the accused persons. Colley stated that the confiscated items tendered before the court were not found in his house. He said he came to know about the photos only in court but they were never shown to him for confirmation.
Nuha Jammeh, the third accused, said he was charged with terrorism while he did not know the meaning. He said the charge of spying and taking information from The Gambia is not true; that he has never seen The Gambia as an enemy. He denied having any knowledge of the photos before the court. He maintained that Gambian identity cards, an album and a motor bike were the only items found in his house. He said one captain Musa Jammeh, a soldier of The Gambia National Army, was the one who helped him to obtain the identity cards to facilitate the affairs of his children such as the opportunity to go to school in The Gambia. He said that he does not know of any one who stole military equipment and sold it to them in Casamance. He said that Officer Gajaga has told the court that MFDC is not an enemy of The Gambia. He indicated that the materials found in his possession could not be a threat to the security of The Gambia. He said it was only the ID cards which he obtained in an illegal way but that he was assisted by a Gambian officer to acquire it. Nuha added that their faction has been based near The Gambian border since 1991; that they never had a problem with The Gambian authorities. “The charges against me are not true and I cannot remember doing such acts, I only obtained the ID cards illegally,” said Nuha.
Cross Examination
Nuha said he obtained the ID cards under two different names which are Nuha Jammeh and Amadou S. Badjie. He denied using the three different names of Amadou Jammeh, Asambou Jatta and Amadou S. Badjie, apart from his real name, Nuha Jammeh. He posited that he could not tell how a photo album ID cards and a motor bike can be a threat to the Gambia’s national security. He said he bought the bike in The Gambia; that the seller was also interrogated by the security agents; that the seller has confessed to the security that he (Nuha) had purchased the bike from him. He said his first ID card was obtained under the name Amadou S. Badjie. Nuha pointed out that he came to know some of his counterparts during their detention at Mile Two prison. He said he only knew Lamin Taw Sambou and Tamsir Badjie, whom he said were in the same platoon with him. He noted that for others, he came to know them when they met at Mile Two Prisons. He said he was arrested in The Gambia but does not know how the other colleagues were arrested. Nuha said MFDC is fighting against the Senegalese Government for the independence of Casamance.
Lamin Tew Sambou, the fourth accused person said he had no idea what terrorism is all about. He said the terrorism and spying charges against him are not true; that they never received any government stolen material; that the alleged armed transfer to them is also not true. Mr. Sambou denied having any knowledge of the photos until they were brought to court. He admitted obtaining a Gambian identity card through illegal means as he is not a citizen of The Gambia. He said he was arrested with a mobile phone which according to him was tendered before the court and which he admitted owning. Mr. Sambou indicated that after his arrest, the NIA went to his house and confiscated some items, which were never brought before the court. He pointed out that Gajaga has told the court that those items are not a threat to the state’s security. He noted that his motorbike was also seized upon his arrest.
During cross examination, Mr. Sambou said he bought the motorbike from Casamance and drove it into The Gambia, noting that he had already informed the investigators about that. He denied making any statement to the investigators.
Ansumana Jarju, the fifth accused, reminded the court that the charges about the identity cards had been dealt with by the previous magistrate in the case. He said that the statements that they made at the NIA are different from those that were tendered in court.
Cross examination
Mr. Jarju said he knew only one of the nine accused persons and who is Joseph Jatta. He said he knew Joseph in Casamance; that during interrogation at the NIA, he was never asked about Joseph. He noted that he and Joseph were arrested separately and at different times. Mr. Jarju indicated that he was not asked by the investigators as to whether he is a rebel; that they had already branded him as one without asking him about whether or not he is one. He noted that he and Joseph came from the camp in Cassamance where they have been for so many years. He said that he was arrested on board a transport on his way home. He said he was found in possession of a Gambian identity card, which might be the offence he might have committed.
Tamsir Badjie, the sixth accused said all the charges against them are not true; that they are the prosecution’s own fabrication; that only the ID card issue is true. He pointed out that since his detention at the NIA and up to the court level he could not understand the charges against them. He indicated that he never heard of a problem between The Gambia and Casamance.
Cross Examination
Under cross examination, Mr. Badjie said he is a native of Cassamance. He said he was an Arabic student before joining the MFDC ranks; that he has been coming to The Gambia before his arrest. He admitted having a Gambian ID card before he was arrested; that he knows only two towns in The Gambia, Fagi Kunda and Tabokoto. He said he is fluent in Mandinka, besides Jola and French.
Joseph Jatta, the seventh accused person said he is only implicated in the ID card issue and no other thing. He said he has been living in Cassamance for years and had never entered The Gambia before. He said he entered The Gambia on the 19 May 2007, which was the very day he was arrested. “I do not have much to say, because I do not know what actually happened,” said Joseph.
cross examination
He admitted that he gave a statement when he was arrested. He said he knew two of the accused persons, namely Ansumana Jarju and Wuyeh Jarju. He stated that he joined the MFDC force in 1992. He noted that he was arrested at Mandinaba in The Gambia.
Abdou Salam Jammeh, the eight accused person said all the charges against them are irrelevant and fake. He said that MFDC has never done any act that can be a threat to the security of The Gambia. He noted that the materials before the court are not threats to the Gambia’s security. He emphasised that the charges are only meant to tarnish their image so that Gambian people can hate MFDC. “We have no problem with the Gambian people, our only problem is with the Senegalese,” said Abdousalam. Jammeh asserted that there is no evidence before the court to show that they were spies in The Gambia. He said that as he scrutinised the photos in court, he noticed that the photos were shot from a modern camera; that their camera is an old type. Jammeh stated that when they took officer Gajaga to a tight corner, during his testimony in court, he (Gajaga) could not go further. “We have maintained peace in The Gambia throughout our stay in the country. Our only problem is in Cassamance. The charges against us are all baseless and the court should not convict any of us on it,” said Jammeh. He admitted that the ID cards issue is the only truth in the charge sheet.
Cross examination:
Mr. Jammeh said he knows three of the accused, Sidat Jarju, Ebrima Colley and Nuha Jammeh. Mr. Jammeh admitted that he is a member of the MFDC faction. Jammeh said he made a statement to the NIA but that it was made under duress; that he had challenged the tendering of that statement in court. He denies embezzling MFDC monies. He said that he also went to Guinea and Sierra Leone to look for arms. He said that his last travel to Guinea was in 2001. He said he could not remember how many times he had a meeting with fellow MFDC members, while he was in Brikama.
Wuyeh Jarju, the ninth accused person said he had already pleaded guilty to the two counts; that is registering and obtaining birth certificate and ID card under false pretext. He said he entered The Gambia via Darsilami on 10 March 2007; that he was having a “Laissez passé”. He noted that there was no evidence before the court to show that he was involved in transferring fire arms to Casamance. He said he joined the MFDC in 1992 and was camped at the border with Bissau until the day he entered The Gambia. He said his faction was the first to fight against Salif Sarjo’s faction, when there was a split between them. Wuyeh said he knew only Joseph Jatta and Ebrima Colley who were the participants at the peace negotiation conference. He said he made a statement at the NIA written by one officer called Sanyang. He admitted that he was using the name Hendricle Mendy on the Gambia ID card.
The nine MFDC rebels are standing trial on four different charges. Count one states that the nine conspired to commit felony, contrary to Section 368 of the criminal code. The particulars indicate that the nine, between 2004 and 2006, in diverse places in The Gambia conspired together to carry out acts of terrorism against a neighbouring state to wit Senegal, in a manner prejudicial to the public security and national defence of The Gambia and thereby committed an offence. They pleaded not guilty to count one.
On count two it states, spying contrary to section 371 (1)(b) of the criminal code. The particulars indicated that the nine, between 2004 and 2006 in diverse places in The Gambia, collected photographs or documents of a confidential nature concerning security installations in The Gambia, which may be directly or indirectly useful to an enemy and thereby committed an offence. They pleaded not guilty.
Count three states, receiving stolen properties contrary to section 297 (1) of the criminal code. The particulars state that the nine between 2004 and 2006 received military equipment from Sam Kambai, knowing or having reasons to belief that it was feloniously obtained and thereby committed an offence. They pleaded not guilty.
On count four it states, unlawful possession of Gambia National Identity Card, contrary to paragraph 6 of the first schedule of Gambian Nationality and Citizenship Act. The particulars state that the nine, between 2004 and 2006, not being Gambian citizens, falsely acquired Gambian national identity cards and thereby committed an offence. They pleaded guilty to count four.
All the nine men have no legal representation. They are all defending themselves. The prosecutor is Emmanuel O Fagbenle. The case is now set for judgment on the 16 of April.
Source: Foroyaa Newspaper Burning Issues
Issue No. 37/2008, 31 March – 1 April 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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