FOROYAA Newspaper (Serrekunda)
Fabakary B. Ceesay
18 November 2009
Serrekunda — The state counsel prosecuting the sixteen men on terrorism related matters, Mr. S.H. Bakum, on Monday 16 November, told trial judge Justice Moses Richards of the special criminal court, at the Banjul High Court that the state has amended the charges against the accused persons.
Mr. Bakum told the court that the state is in better position to proceed with the hearing of the case. He noted to the court that they have amended the charge sheet from one count to six counts. He added that he already have his witnesses standing by the court to give evidence.
One of the defence counsels, Lamin S. Camara argued that the state cannot proceed without serving them with the indictment, summary of witness statements, list of exhibits, adding that all should he attached to the indictment. He added that the state served them in the very last minute of the sitting and just wanted to proceed like that. Camara stressed that since 20 October, the state was ordered by the court to serve the defence with all the indictment and necessary documents in the case. He said again on 29 October, the state failed to do as ordered.
The state counsel Mr. Bakum told the court that there was a technical problem with the photocopy machine at the Attorney General's Chambers, which made them unable to copy all the documents to serve the defence.
Counsel Camara again argued that the summary of witness statements has said nothing. He stated that the state witnesses are formal witnesses only who would tender cautionary statements only and nothing else. He added that some state witnesses would only say how they effect the arrest of the accused persons and some would said what happened on 9 January 2009. These statements cannot be summary statements. "What happened on that date, we do not know," he argued. He indicated that the amended charges before the court are bailable offences and that the accused persons should know their fate by now.
At this point, Justice Richards ordered for the registrar to help photocopy all the documents for the defence since the machine at AG Chambers is not working. He stood down the case and continued with other cases. After almost two hours, the case was called again.
Another defence counsel, Mr. Edrisa M. Sissoho told the court that some witness statements attached to the indictment are not clear. He asked for the court to give them time to talk to the accused. Justice Richards told the defence not to worry much about the summary of witness statements. He assured them that he would give them ample time and space to prepare their defence after the state witnesses have given their entire evidence before the court. He adjourned the case till 25 November, for plea taking and hearing.
The accused are charged with six courts.
Count one: "conspiracy to commit felony" contrary to section 368 of the criminal code. The statement of offence states that, Ousman Jarjue, Masour Jatta, Sedat Jatta, Abdoulie Jatta, Fabia Nyafuneh, Abdoulie Jarjue, Maulud Badjie, Lasanna prosper Sambou, Dawda Jatta, Pap Ousman Badjie, Samsideen Jammeh, Maminu Bah, Kebba Secka, Sam Kambai, Lansanna Thomas Jarjue and Kemo Conteh, on diverse dates and places in the Gambia within the jurisdiction of the court committed an offence to wit "Conspiracy to carryout act of terrorism in a manner prejudicial to the public security and national defence of the Gambia," thereby committing an offence.
Count two states: "Entering into the Gambia without a permit" lawfully issued contrary to section 6(1) of the Immigration Act Cap 16:02 the particulars of offences stated that Maulud Badjie, Lasanna Prosper Jarjue, Dawda Jatta and Pa Ousman Badjie, in diverse places and dates within the jurisdiction of the court, entered into the Gambia without a valid pass or permit and thereby committing an offence.
Court three states: "Theft: contrary to section 252 of the criminal code. The particulars reads, "Kemo Conteh within the year 2006, at Romano Hotel within the jurisdiction of this court stole a pistol from one Bonki and American national and thereby committing offence."
Count four is also specifically for Kemo Conteh. The state of offence is "Illegal possession of fire arms contrary to section 8 of the Arms and Ammunition Act Volume III Cap: 12:01". The particulars of offence reads thus: "Kemo Conteh on diverse dates and places in the Kanifing Municipality Council within the jurisdiction of this honourable court did commit an offence to wit, unlawfully possessed firearms and thereby committed an offence."
Count Five: Neglect of official duty contrary to section 113 of the criminal code". The particulars read thus, "Kebba Seckan, for being a public officer within the National Intelligence Agency did commit an offence to wit, you neglected your official duty by failing to give vital information on illegal dealings on firearms to your agency and thereby committing an offence.
Count six is "Illegal possession of firearms contrary to section 8 of the Arms And Ammunition Act Law of The Gambia 1990." The particulars read: "Maulud Badjie, Lansanna Prosper Sambou, Dawda Jatta, Pap Ousman Badjie, on diverse dates and places within the Gambia within the jurisdiction of this honourable court, unlawfully possessed firearms (four live ammunitions) without valid license or permit and thereby committing an offence". They will their plea on Monday 25 November.
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