FOROYAA Newspaper (Serrekunda)

10 December 2012

Gambia: Foday Barry & Pa Mbye Case Defence to File 'No Case' Submission

Defence Counsel Uzuma Achigbue, on Friday 7th of December informed the Banjul Magistrates' court presided over by acting Principal Magistrate Babucarr Secka that he intends to make a 'no case to answer' submission on behalf of his clients, Foday Barry and Pa Habibou Mbye erstwhile members of the top officers of the National Drug Law Enforcement Agency (NDEA).

Prior to the said submission by counsel, Sergeant Manga along side 1st class Faye declared the case closed on the side of the prosecution and the last witness for the prosecution, Robert Yaw Danquah was discharged from the witness box.

Continuing with the cross examination of the witness, Danquah told the court that he did not know one Carlos Arango.

When asked by counsel whether Arango went to 'Just For You' guest house in respect to certain matters, he responded that no one went to him by the name Carlos Arango.

What is the name of the person that came to you, asked counsel?

"The person that came to me is Carlos Arango", said the witness.

All the money found on you at 'just for you' hotel was given to you by Carlos Arango, said counsel

"No, not all", responded the witness.

How much was given to you by Carlos Arango, he asked?

I don't remember, said the witness.

How much was in your possession before Carlos Arango gives you the money?

I don't remember the exact amount, replied Danquah.

Mr. Danquah further testified that he did not know whether the accused persons were part of those who arrested him; adding that when the officers were taking him, a convoy followed the car he boarded in.

When asked by counsel who among the accused officers was he taken to, he said: "I was taken to the office of the first accused". He added that he cannot recall whether the money which was recovered from him was in the same car he boarded.

Did you see the accused persons in the vicinity you were arrested, further asked by counsel?

"I don't know", testified the witness.

According to the witness, the officers that went to his hotel room were in possession of his money; adding that he did not know whether the two accused persons were part of those officers.

The case is adjourned to Monday 31st December for adoption of briefs.

The particulars of offence on count one stated that Alh. Foday Barry and Pa Habibou Mbye, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, with an apparent intent for deception, jointly conspired to defraud one Robert Danquah, an inmate in Mile 2 Central Prisons, of D230,000.

Count two stated that Alh. Foday Barry, between 2010 and 2012 in Banjul and diverse places, within the jurisdiction of the court, stole an amount of D230,000 from one Robert Danquah, an inmate at the Mile 2 Central Prisons.

Furthermore, count three indicated that Alh. Foday Barry, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, swore to an affidavit to state that an amount of D850,000 was discovered with one Robert Danquah, a Ghanaian national instead of D1,080,000, which he knew to be false or does not believe to be true.

Count four stated that Alh. Foday Barry, between 2010 and 2012 in Banjul and diverse places within the jurisdiction of the court, with intent to defraud, uttered a false affidavit purposely for the extradition of Mr. Robert Danquah.

According to the particulars of offence on count five; Alh. Foday Barry between the years of 2010 and 2012 in the city of Banjul and diverse places in the republic of The Gambia, abused the functions of his office by demanding an amount of 200,000 Euros from one Robert Danquah through one Ousman Drammeh in order to grant him bail thereby committed an offence.

Count six particulars of offence stated that the said person between the same year and month in the City of Banjul and diverse places in the republic of The Gambia with intent to defraud and permanently deprive the owner, stole an amount of D12,000 and a TOSHIBA Labtop belonging to one Ousman Drammeh of Dippa Kunda thereby committed an offence.

The duo had earlier denied any wrong doing.

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