15 November 2012

Gambia: PW2 Cross-Examined in Foday Barry and Pa Mbye's Trial

Lawyer A. Uzoma, the defence counsel for Foday Barry and Pa Habibou Mbye on Wednesday cross-examined one Ali Sallah, the second prosecution witness (PW2) in the criminal trial involving the state against his clients, before the Banjul Magistrates' Court, presided over by Principal Magistrate Taiwo Ade Alagbe.

The accused persons, Foday Barry and Pa Habibou Mbye, former director of Intelligence and Investigation, and the former Crime Management Coordinator at the NDEA, are standing trial on multiple criminal charges in which the prosecution has called three witnesses.

When the case came up for continuation, PW2, Ali Sallah entered the witness box for cross-examination as his cross-examination was interposed with the hearing of PW3 Lamin Cham's testimony.

During the said cross-examination, PW2 told the court that the report of the previous investigation was made available to them but they did not make reference to it, and that he did not know that the head of their investigation said in the court that they made reference to the report.

According to him, he was aware that it was on the basis of that previous report that the accused persons were arraigned, before they did their investigation. He said the accused persons' arraignment was not in disregard of the legal opinion of the director of Public Prosecution, adding that he is not saying that the accused persons were arraigned because the DPP recommended for them to be arraigned before the court in his (DPP) legal opinion.

PW2 further informed the court that he has not seen the content of the DPP's opinion nor hashea copy of the said opinion.

He said that he knows Ebrima Jammeh, an NDEA officer at (Holgam) Kanifing Unit, whom he said was one of the people who were having the safe at NDEA, where the money recovered from Robert Yaw Danquah was kept. Sallah added that Ebrima Jammeh was part of the people who counted the said money.

He finally said that he was not aware that the investigators went to count the money while the accused persons were not there, adding that he was informed by the first accused, Foday Barry.

The case was adjourned to 22nd November 2012 for continuation of hearing.

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