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Current Feed ContentOley Sey countered Tuesday, October 14, 2008 Abdouraman Bah, coordinator of the James Junkung Jammeh Memorial Nursery School in Abuko, and the second accused person in the ongoing criminal offense of conspiracy to commit felony and theft case filed in by the state against Oley Sey and him, last Friday countered his co-accused during cross examination on the whereabouts of the D500,000 gift to the said nursery school by the Gambian leader, President Alhaji Dr Yahya Jammeh. Abdouraman Bah subjected the ex-nominated member of the National Assembly to an extensive cross examination. Mr Bah put it to Oley Sey that she told him that after the presentation ceremony of the D500,000, the two of them should go to State House tomeet the chief of protocol, ‘Alagie Ceesay, to collect 1000 bags of cements and some computers. The former NAM refuted this. Abdourahman Bah further stated that he boarded Oley Sey’s vehicle with the D500,000 after the presentation ceremony to go to the State House. To this, Oley replied “Yes, you begged for a ride but I had no appointment with the chief of protocol on that day”. Abdourahman Bah further stated that he boarded Oley Sey’s vehicle with the D500,000 after the presentation ceremony to go to the State House. To this, Oley replied “Yes, you begged for a ride but I had no appointment with the chief of protocol on that day”. Abdourahman Bah then asked: “Are you not the one who called the chief of protocol?” To which Oley Sey replied “Yes, because you were out of credit”. Bah then asked her if she was not the one who took him to her house after their futile efforts to see the chief of protocol and suggested that they should keep the money until the Majority leader, Fabakary Tombong Jatta, returned from South Africa. Bah then asked her if she was not the one who took him to her house after their futile efforts to see the chief of protocol and suggested that they should keep the money until the Majority leader, Fabakary Tombong Jatta, returned from South Africa. Oley Sey denied this saying she could not dictate to someone who was responsible for a school she had no hand in. Oley Sey denied this saying she could not dictate to someone who was responsible for a school she had no hand in. Mr Bah further said that he gave her D200,000 from the D500,000. Oley responded that she went with the D200,000 to the Department of State for Education, but it was recovered from her at the offices of the National Intelligence Agency (NIA). On why she did not present the money at the ministry, she said “nobody asked for it”. Mr Bah further said that he gave her D200,000 from the D500,000. Oley responded that she went with the D200,000 to the Department of State for Education, but it was recovered from her at the offices of the National Intelligence Agency (NIA). On why she did not present the money at the ministry, she said “nobody asked for it”. He added “did you not say that the weekend after the presentation, you will go to Kanilai to facilitate the collection of the 1000 bags of cements and computers?” Oley replied in the negative and also denied ever being confronted by either the mayor of KMC or the community of Abuko on the whereabouts of the D500,000. He added “did you not say that the weekend after the presentation, you will go to Kanilai to facilitate the collection of the 1000 bags of cements and computers?” Oley replied in the negative and also denied ever being confronted by either the mayor of KMC or the community of Abuko on the whereabouts of the D500,000. The ex-NAM further denied ever making proposals to raise funds for the James Junkung Jammeh Memorial Nursery School by writing donation letters to institutions. The ex-NAM further denied ever making proposals to raise funds for the James Junkung Jammeh Memorial Nursery School by writing donation letters to institutions. At the end of the marathon cross examination, Lamin Camara, counsel for Oley Sey, informed the court of his intention to summon the director general (DG) of the Gambia Radio and Television Services (GRTS) to produce the tape recording of the presentation of the gift as well as the reporter who covered the said ceremony. At the end of the marathon cross examination, Lamin Camara, counsel for Oley Sey, informed the court of his intention to summon the director general (DG) of the Gambia Radio and Television Services (GRTS) to produce the tape recording of the presentation of the gift as well as the reporter who covered the said ceremony. ‘My lord, my application is pursuant to the constitution of the Republic, the Evidence Act, the Criminal Procedure Code (CPC) and other legal authorities as well as decided cases both in and outside The Gambia; cases such as the 2006/2007 State versus Bunja Darboeand co-accused court martial, the 2006/2007 treason trial of Tamsir Jassey and co, the Sheriff Minteh murder trial, where the Daily Observer reporter was summoned to give testimony, among other cases,” he said. ‘My lord, my application is pursuant to the constitution of the Republic, the Evidence Act, the Criminal Procedure Code (CPC) and other legal authorities as well as decided cases both in and outside The Gambia; cases such as the 2006/2007 State versus Bunja Darboeand co-accused court martial, the 2006/2007 treason trial of Tamsir Jassey and co, the Sheriff Minteh murder trial, where the Daily Observer reporter was summoned to give testimony, among other cases,” he said. However, the police prosecutor, Inspector Keita, vowed to raise objections to the defence application, saying “my lord, I will strongly object to the defence application come the next adjourned date, 16th October, 2008”. However, the police prosecutor, Inspector Keita, vowed to raise objections to the defence application, saying “my lord, I will strongly object to the defence application come the next adjourned date, 16th October, 2008”. Author: by Sanna Jawara 3 Zimbas freed Wednesday, October 08, 2008 The Bundung Magistrates Court, presided over by Acting Principal Magistrate Kumba Sillah-Camara, on Tuesday discharged Muhammad Faal, Ebrima Sanyang and Dawda Jawla, three of the four zimbas who who were jointly charged with the murder of the late Ebrima Morro Ndure on July 26, during a Zimba cultural performance at the Bundung Mauritanie Junction. Appearing before the court, Police Prosecutor ASP Camara, first applied to the court under Section 169, subsection 18 of the Criminal Procedure Code (CPC) to amend the charge sheet from murder to the lesser charge of manslaughter. Secondly, ASP Camara filed another application under Section 68 of the CPC to withdraw from the charge sheet the names of Muhammad Faal, Ebrima Sanyang and Dawda Jawla. According to him, the development came as a result of the recommendation of the Investigating Police Officer (IPO). He added that only Alieu Faal, alias Boy Narr, would stand trial. Lawyer Edu Gomez, who represented the first, second and fourth accused persons and who also held brief for his colleague, Lawyer Jobarteh, raised no objection to the two applications filed by the prosecutor. Lawyer Gomez then urged the court to acquit and discharge the three accused persons. Magistrate Kumba Sillah-Camara thus granted the application of the police prosecutor. Magistrate Sillah-Camara further ruled that Alieu Faal alias Boy Narr be sent back to Mile II State Central Prison. The case continues on October 15. Author: by Salifu M. Touray & Ebrima Kanuteh Stay of prosecution in Musa Suso case Monday, September 22, 2008 In what could be described as a setback in the trial of Musa Suso, ex-National Assembly Member (NAM) for Kombo North, Lamin Jobarteh, counsel for the accused person has filed in a stay of proceedings at the High Court in Banjul. The stay of proceedings means hearings cannot proceed into the said case pending the outcome of the file from the High Court. The defence counsel’s decision followed Magistrate Kayode Olajubutu’s overruling of a submission made by the defence urging the prosecution to supply the defence counsel with some of the witness cautionary statements in order to prepare his defence. This submission was strongly countered by the prosecution officer, ASP Badji, on the grounds that supplying such documents to the defence will greatly disarm the prosecution. He relied on the Criminal Code, the Criminal Procedure Code (CPC), the Constitution and other laws of The Gambia and beyond. It was at that juncture that Magistrate Kayode Olajubutu, adjourned the case for ruling, before he left for his leave. Upon resuming in September, he overruled the submission of the defence counsel, which resulted in the filing of a stay of proceedings at the High court by the defence counsel. Author: by Sanna Jawara Julakay Charged with Stealing, Others Tuesday, July 29, 2008 In the first case, the accused is charged with stealing contrary to section 245(1) and punishable under section 252 of the Criminal Procedure Code (CPC), cap. 10, volume III Laws of The Gambia 1990. According to the particulars of the offence “the accused, Mr. Ansumana Marena, in December 2003 at Arab Gambia Islamic Bank(AGIB) in the city of Banjul stole the sum of D13, 587, 782.41, the property of Julakay Construction and Engineering Company Limited. However no sooner the charge was read than the defence counsel, Lamin Camara, objected, saying that the section under which the accused was charged is a “defined section and not a creating offence section” and therefore the accused could not be charged under that section. He said the charged is bad in law and is unattainable. In response the police prosecutor, ASP Touray, said that the charge against the accused is perfect and urged the court to overrule the defence counsel’s objection and allow the accused to take his plea. The first case was at that juncture adjourned for ruling on the defence’s objection. Meanwhile in the second case the accused, Ansumana Marena, was charged on three counts of “stealing, making false documents and uttering false documents. On count one, the particulars of the offence revealed that Ansumana Marena in the month of January 2006 in th city of Banjul and diverse places stole an L200 Mitsubishi vehicle bearing registration number BJL 4695 B, valued at D600,000, the property of Julakay Construction and Engineering Company Limited. On count two, the particulars of the offence stated that the accused on 18thJanuary 2006 at Julakay Construction and Engineering Company Limited, Kanifing Municipality, made a document dated 18thJanuary 2006, and addressed to the Inspector General of Police which he knew to be false or does not believe to be true.[endif][endif] On count three the particulars of offence read that on the 18thJanuary 2008, at Julakay Construction and Engineering Company Limited in the Kanifing Municipality knowingly and fraudulently presented a false document dated 18thJanuary 2006 to the Licensing Authority with the intention that it will be acted upon as genuine. The accused denied the charges. Meanwhile in the second case he was granted court bail in the sum of D500,000 with two Gambians sureties with landed property and in genuine employment. Hearing continues on 30thJuly 2008. Author: By Modou Sanyang & Bakary Samateh Source: Picture: Ansumana Marena Christopher Badjie acquitted, rearrested Tuesday, July 01, 2008 Christopher Badjie, an alleged escapist from lawful custody in the US, who was facing 22 counts of criminal offences at the Banjul Magistrates Court, was on Wednesday, re-arrested by personnel of the National Intelligence Agency, shortly after his discharge and acquittal by Principal Magistrate BY Camara. Christopher Badjie’s acquittal followed the director of Public Prosecution (DPP), Emmanuel Fagbenle’s application for discontinuation of the case at the court. The DPP backed up his application by heavily relying on Section 85 of the 1997 Constitution and Section 68 (1) of the Criminal Procedure Code (CPC), as well as other legal authorities. In his ruling, Principal Magistrate Camara said he had listened to the two witnesses in the main trial itself and four witnesses and the accused himself in the voir dire. The evidence, he continued, showed that the case was “unmeritorious” so the court exercised its discretion by virtue of Section 68 (1) of the CPC and ordered that the accused be discharged and acquitted on all the 22 counts. Antouman Gaye, the counsel for Christopher Badjie, reacted to the re-arrest of his client, saying “it is rather unfortunate that courts can discharge and acquit people and the NIA have the power to arrest and keep them incommunicado, without [releasing] them beyond the reasonable 72 hours”. Author: by Sanna Jawara & Musa Ndow Mam Sait saved by a question mark (?) Dr Taal “economical with the truth”!Tuesday, May 20, 2008 Mam Sait Ceesay, a former press officer at the Office of the President, State House, was yesterday cleared of two criminal charges of false publication in a three-and-half months long trial. Mr Ceesay’s discharge and accquital came after a ruling on the no-case-submission, which was filed by his defence counsel, Antouman Gaye, on May 14. Delivering his ruling, senior magistrate Kayode Olajubutu said the defence counsel relied on Section 166 of the Criminal Procedure Code (CPC) to back his submission, while considering the fact that the prosecution had called in four witnesses. “I have found that there is there is evidence of false publication and broadcasting. The issue however, is who exactly is responsible for the said false publication?” Magistrate Olajubutu further raised concern as to whether the text [SMS message in the mobile phone] constitutes a publication or broadcast or a request for information. “Based on all the above, I reached the inevitable conclusion that there is no iota or medium evidence linking the accused with the alleged false publication. Consequently, in the no-case-submission the defence succeeded on all grounds. The accused is accordingly discharged and acquitted on all two counts,” he ruled. According to the senior magistrate, it has been “settled that a question mark at the end of every sentence denotes nothing but a question for information or clarification”. He then added: “I found that Dr Taal (second prosecution witness) was economical in telling the truth. In his evidence before this court, he did not state that there was a question mark at the end of the accused person’s text message sent to him. Dr Taal being the managing director (MD) of the Daily Observer newspaper, hurriedly published the news with the caption “JT Kujabi replaced” as contained in exhibit A. He was publishing a false and distorted version of the request received from the accused”, the magistrate concluded. Author: by Sanna Jawara In DPS Njie’s Case Tuesday, April 22, 2008 Defence Counsel Urges Continuation The ongoing trial of Momodou O. Njie, Deputy Permanent Secretary at the Department of State for Forestry and Environment, continued yesterday before Kumba Sillah-Camara of the Bundung Magistrates’ Court. When the case was called for continuation, it could not proceed due to an application for adjournment made by ASP Bojang under section 68, sub-section 1 of the CPC to withdraw the first count. Mr Njie was charged with two counts, namely for giving false information and impersonation. ASP Bojang’s application was granted before he made a further application to amend the second count, which Mr Njie is currently facing. This is due to the fact that they felt that the evidence on their side is not available and sufficient. The defence counsel, Lawyer Lamin Camara, told the court that the trial should be expedited and not delayed. The case was at that point adjourned to 6th May 2008 for the prosecution to open its case. Author: By Ma Lamin Conteh & Yerro Mballow Source: Picture: Momodou O. Njie Fresh charges for ManlafiWednesday, March 26, 2008 ASP Manlafi Sanyang, former head of vehicle control unit at the State House, continue to received more fresh charges at proceedings into the vehicle theft charge against him before Senior Magistrate Kayode Olajubutu of the Banjul Magistrates Court. Emmanuel Fagbenle, director of public prosecution (DPP) on Thursday, slammed fresh charges contained in two counts of abuse of office contrary to Section 90 of the Criminal Code and stealing contrary to Section 252 of the Criminal Code Cap 10 volume III laws of The Gambia. When the case was mentioned, DPP applied for substitution of the previous charge against the accused with a fresh charge. He relied on Section 169 of the Criminal Procedure Code (CPC) to back up his submission. The application was granted by Senior Magistrate Kayode Olajubutu. According to the particulars of the offense fresh charge, count 1 stated that, Mr Manlafi Sanyang sometime in June 2002, in the city of Banjul, while being in the employment of the government of The Gambia as head of the government vehicle control unit, stole motor vehicle with registration number BJL 4591A being the property of the government of The Gambia. Count 2 stated that, Manlafi Sanyang, while in the employment of the government of The Gambia stole D75,000 (seventy five thousand dalasis) been the proceed of the sell of the vehicle registration number BJL 4591A. Author: by Sanna Jawara |
