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toubab1020
12306 Posts |
 Posted - 09 Aug 2010 : 19:35:22
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This from the D.O.,perhaps a case of a turned down hearing aid caused the confusion
http://observer.gm/africa/gambia/article/the-points-editor-ordered-to-appear-in-court
The Point's editor ordered to appear in court
Africa » Gambia
Monday, August 09, 2010
Justice Emmanuel Amadi of the High Court in Banjul, last Friday, 6th of August 2010 ordered the editor of The Point newspaper to appear in court following the newspaper's publication last Friday captioned: "My client was tortured to obtain statement - Says defence counsel Borry Touray".
Justice Amadi disclosed that he never heard defence counsel Borry Touray making any statement of such propensity during last Thursday's sitting. Justice Amadi disclosed that what he heard was Touray saying he wanted a stand down of the case in order to enable him consult his client, Ensa Badjie, on the statement the prosecution sought to tender before the court. Justice Amadi remarked that he is concerned about the caption, noting that it is a great embarrassment.
The judge then asked Lawyer Borry Touray if he had made the said statement. In his response, Borry Touray told the court that he did inform the court last Thursday, as a mark of honour that he wanted to know which of the statements his client made, when he alleged he was tortured. Borry Touray said he could not confirm making the said statement as he was not on trial but Ensa Badjie (his client).
LK Mboge, the defence counsel for the 3rd accused, Major Kuluteh Manneh, said it was not verbatim as it appears in the newspaper, noting that Borry Touray did not make the statement categorically as it appears in the newspaper. The presiding judge however pointed out that the newspaper report is quoting Borry Touray and therefore ordered that the editor of The Point newspaper appear before the court to explain the motive behind the said caption.
Meanwhile after the judge#146;s order, defence counsel Borry Touray did not objecting to the cautionary statement obtained from the 1st accused, Ensa Badjie by Inspector Salieu Gomez (PW2), and the said document was admitted and marked as prosecution exhibit P2 and none of the defence counsel: Borry Touray and Lamin K. Mboge cross-examined the witness.
As the criminal trial of the three accused persons: ex-IGP Ensa Badjie; Lt. Colonel Mam Mattar Secka and Major Kuluteh Manneh continues, the third prosecution witness, Jawor Keita, a police officer attached to the Major Crime Unit of the Gambia Police Force gave evidence.
The witness revealed that on the 6th of March 2010, he obtained one cautionary statement and three voluntary statements from the 2nd accused person, Mam Matarr Secka in the presence of an independent witness. The witness further revealed that when the charges were read to Mam Matarr Secka, the accused denied the charges and the said statements were tendered and admitted in evidence and marked as exhibits.
Police officer Jawor Keita also told the court that on the 13th of March 2010 he obtained another cautionary statement from the 2nd accused in the presence of an independent witness. He said he also obtained cautionary and voluntary statements from the 3rd accused, Kuluteh Manneh on the 7th and 14th of March 2010.
He further explained that he wrote the statement of the 3rd accused, noting that the 3rd accused had told him that he was stressed and couldn#146;t write his own statement, but that on the 14th of March 2010, the 3rd accused wrote his own statement. Meanwhile during cross-examination by defence counsel LK Mboge, the witness said he recorded the statement of the 3rd accused for him, because he told him he was stressed at the particular time.
He maintained that he was not misleading the court and that all he had told the court was nothing but the truth. PW3 asserted that the 3rd accused was confronted by Sillaba Samateh before the panel of investigators prior to the time he obtained his statement, and added that he obtained statement from the 3rd accused and not from Sillaba Samateh. At that point, Lawyer Mboge read a portion of the statement of the 3rd accused, where he mentioned that the 3rd accused stated that the sum of D300 was given to him for fare by Sillaba Samateh.
Lawyer Mboge inquired from the witness who made the said statement, but the witness insisted that it was the 3rd accused who made the said statement. The witness explained that he could not remember whether Sillaba Samateh mentioned the sum of D300 during interrogation, but he could remember that the 3rd accused mentioned the said sum of D300 in his statement. "Is it not correct that Sillaba Samateh told the panel that the 3rd accused begged him for some loose bags of cement?" Lawyer Mboge asked the witness who replied that he could not remember Sillaba Samateh saying so. "Is it also not correct that it was Sillaba Samateh who informed the panel that the 1st accused, Ensa Badjie should meet the DG of NIA and the 3rd accused, Kuluteh Manneh, at Kotu Police Station," Lawyer Mboge inquired again and the witness replied that he could not remember Sillaba Samateh making such comment.
He denied making the contents of the statement of the 3rd accused from his own note, but wrote the statement of the 3rd accused from his (3rd accused) narration. Asked whether he knew that the 3rd accused was beaten before obtaining his statement, the witness replied in the negative.
He further denied that the 3rd accused was not in cuffs when his statement was obtained; noting that he never saw injuries and bruises on the face of the 3rd accused whilst he was recording his statement. Jawo Keita, the witness, maintained that the evidence he had given before the court was the whole truth and he was neither bias nor in favour of the state. When asked that he received the 3rd accused personally from the cell and obtained his statement, he replied in the negative, pointing out that he did not know who received the 3rd accused from the cell.
PW3 told the court that he did not know of any cell at the NIA called Bambadinka and he maintained that it was the 3rd accused who narrated all the facts that is contained in his statement and that he only wrote them. When it was put to him that the 3rd accused was stressed because of the beatings he received, PW3 explained that he was never aware of any beating perpetrated on the 3rd accused.
"There are Ninjas at the NIA and the 3rd accused was stressed because of the beatings he received from them," Lawyer Mboge said. PW3 responded that he did not know anything else about the case apart from obtaining the statements of the 3rd accused. Hearing continues today, Monday 9th of August at 10:00am.
Author: by Sidiq Asemota
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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dbaldeh
USA
934 Posts |
Posted - 10 Aug 2010 : 06:51:39
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Justice Amadi and his bunch of corrupt Judges have turned our courts into the most corrupt judicial system in Africa. Some of these people cannot even obtain jobs in their own countries. How in the world did they end up occuping the highest positions in our justice system.
You know it is not their fault. Since the President cannot find credible judges any more he has to resort to these activists most scrupulous of beings.
They have no respect for freedom of speech or democracy... I think our international campaigns should target them in and outside of the Gambia. They should be humiliated and shown the right way...
Shameful judges acting with decrees in their courts...
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Baldeh,
"Be the change you want to see in the world" Ghandi
Visit http://www.gainako.com for your daily news and politics |
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Moe
USA
2326 Posts |
Posted - 10 Aug 2010 : 08:27:37
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25 Terrorist vs 1.5 million citizens. I guess in all eventuality we will find out which of you cyber fools are the sure losers. "Our campaigns" , might I ask you and who Chinese shoes? You and the three retarded secondary school drop outs running around in your tight T shirts around Seattle looking like Batty Boys.Am glad ya'll had to go to work so one headed to the old folks home the other to the retarded folks home Gumbo Disco was led home and el capitain felt like he achieved something. What have you achieved Demba?............................................Peace
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
Edited by - Moe on 10 Aug 2010 08:32:16 |
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toubab1020
12306 Posts |
Posted - 10 Aug 2010 : 18:20:10
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MOE.
I think that you are the same as I am ,so we are both "cyber fools" as you put it,otherwise why would we waste out time here ? We consider it enjoyable and can express our views to others who are fond of The Gambia, a far from a perfect place and a smiling oast,you must admit. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
Posted - 10 Aug 2010 : 18:33:17
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WEll here is a turn up for clarity and court proceedure.Perhaps new batteries in the deaf aid might help  ?
http://thepoint.gm/africa/gambia/article/two-point-journalists-appear-at-high-court-following-publication-on-ex-igp-badjies-trial
Two Point journalists appear at high court, following publication on ex-igp Badjie's trial
africa » gambia
Tuesday, August 10, 2010
Two journalists of The Point Newspaper yesterday Monday appeared before Justice Emmanuel Amadi of the high court in Banjul.
Abba A.S. Gibba deputy Editor-in-Chief and Sainey M.K. Marenah, Senior Judicial Reporter respectively, were summoned by the judge to clarify a story carried in the paper with regards to the ongoing trial of former police chief Ensa Badjie.
The two journalists were questioned by the judge, as to the veracity of the story, which was carried in the Friday's edition of the paper, entitled "My Client was Tortured to Obtained Statement, Says Defence Counsel."
The Point Newspaper reported that at last Thursday's proceedings of the case, the lawyer for the ex-police chief told the court that his client was tortured to obtain a cautionary statement from him.
According to the judge, this statement which the paper said was uttered by defence counsel Borry Touray in court was, in fact, not said in court.
"There was no time when this statement was said in court. This is not what the defence counsel said," Justice Amadi told the journalists.
However, the reporter told the presiding judge that he got the statement from the submission of the defence counsel at last Thursday's court proceedings.
"Are you sure this was said by the defence counsel?" asked Justice Amadi. "Yes, my lord," replied Sainey Marenah, The Point's senior court reporter.
"What you put in your headline was wrong," the judge told the journalist.
At that juncture, lawyer Antouman Gaye, representing The Point rose and told the court that for the sake of clarity and in the interest of justice, two other major newspapers wrote the same thing which The Point did.
Lawyer Gaye handed copies of Foroyaa, Daily Observer and The Point newspapers to the judge for him to read.
After going through all the newspapers, the judge concluded that although all the papers got the same information he, as the trial judge, did not hear defence counsel Touray utter this statement in court.
He then invited defence counsel BS Touray to state whether he made the said statement in court.
Counsel in response, declared "Yes, my lord. I said this in this court."
"Fine, since, it is himself (defence counsel) who said so, let the world take it that he said it, but I did not hear this said in court. OK, then you (the journalists) can go," Justice Amadi concluded.
Lawyer Antouman Gaye appearing for The Point was assisted by lawyer Lamin Camara.
Author: Baboucarr Senghore
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Aug 2010 18:33:52 |
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Prince
507 Posts |
Posted - 10 Aug 2010 : 20:24:37
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It is hard to imagine how a judge could be impartial and deliver fair justice if he is NOT HEARING -implying,not listening- to what is said in his court.
Just-teased Amadi could have spared himself of this trivial embarrassment by going through the court transcripts before thumping his gorilla like chest in court.
The positive in this drama is; it's refreshing to know Just-teased Amadi is concerned about what "the world takes" from his court. |
"When injustice becomes law, rebellion becomes duty." |
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toubab1020
12306 Posts |
Posted - 10 Aug 2010 : 21:07:31
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"embarrassment by going through the court transcripts " That is so obvious that for a man with "legal" training,its unbelievable, what say you KAY ?
My favorite Gambian wouldn't have been caught like that. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 10 Aug 2010 21:08:24 |
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Kitabul Arerr
Gambia
645 Posts |
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Prince
507 Posts |
Posted - 10 Aug 2010 : 22:14:10
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Epic pic Kitab, Jesus looks like those "think man" wood carvings sold at the gambian craft markets.
Wonder what happened to his all-green outfits... |
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toubab1020
12306 Posts |
Posted - 10 Aug 2010 : 22:19:33
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Good Pic, a little too late to be a thinking man though.
quote:
Originally posted by Prince
Epic pic Kitab, Jesus looks like those "think man" wood carvings sold at the gambian craft markets.
Wonder what happened to his all-green outfits...
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Kitabul Arerr
Gambia
645 Posts |
Posted - 10 Aug 2010 : 23:12:45
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I think, Prince, that Jesus's seen the light, and ditched the green outfits.
Fool me once, shame on you; fool me twice, shame on me: fool me thrice shame on all of you
For Who deceives me once, God forgive him; if twice, God forgive him; but if thrice, God forgive him, but not me, because I could not beware
quote:
Originally posted by Prince
Epic pic Kitab, Jesus looks like those "think man" wood carvings sold at the gambian craft markets.
Wonder what happened to his all-green outfits...
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The New Gambia - Stronger Together! |
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Moe
USA
2326 Posts |
Posted - 11 Aug 2010 : 00:53:50
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quote:
Originally posted by Prince
Epic pic Kitab, Jesus looks like those "think man" wood carvings sold at the gambian craft markets.
Wonder what happened to his all-green outfits...
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I am Jebel Musa better yet rock of Gibraltar,either or,still a stronghold and a Pillar commanding direction
The GPU wants Me Hunted Down for what I don't know ..... |
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kayjatta
2978 Posts |
Posted - 11 Aug 2010 : 07:00:04
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quote:
Originally posted by toubab1020
"embarrassment by going through the court transcripts " That is so obvious that for a man with "legal" training,its unbelievable,what say you KAY ?
My favorite Gambian wouldn't have been caught like that.
I think Justice Amadi should step down (and be replaced by one of the POINT journalists ). How could he miss that statement? FOROYAA reported the same thing by defence atty. B.S. Touray days ago. Big embarrassment for the court! |
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toubab1020
12306 Posts |
Posted - 11 Aug 2010 : 12:04:55
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Disagree a bit there KAY on your words should it not be ,Big embarrassment for Justice Amadi and not "Big embarrassment for the court!" the court was fine the transcript was accurate all court officers agreed on what was said,the only one who did not was Justice Amadi. ( how about me for a lawyer causing a delay in proceedings by posting this bit of absolute trivia ) |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 11 Aug 2010 15:08:23 |
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kayjatta
2978 Posts |
Posted - 11 Aug 2010 : 14:52:32
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| The judge is the court. It is the 'Amadi court'. |
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toubab1020
12306 Posts |
Posted - 11 Aug 2010 : 15:02:28
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Ah..... I get your drift,
I respectfully ask that my previous posting be stricken from the record as my learned friend has clarified the meaning to be conveyed by his words to which I had given a different meaning than that what was intended by my learned friend.
quote:
Originally posted by kayjatta
The judge is the court. It is the 'Amadi court'.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 11 Aug 2010 15:03:07 |
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