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As Chief of Defence Staff Appears in Witness Box
Banjul, The Gambia (TNBES) Richard N. Chenge’s objection to a question posed by Lawyer Sheriff Tambedou to the 10th Prosecution Witness, Chief of Defence Staff Lt. Gen. Masanneh Kinteh during
cross-examination in the treason trial at the High Court in Banjul was overruled by the presiding judge,
Emanuel A. Amadi on Friday 9th April, 2010.
cross-examination in the treason trial at the High Court in Banjul was overruled by the presiding judge,
Emanuel A. Amadi on Friday 9th April, 2010.
Lawyer Tambedou, counsel for the 1st accused person asked CDS Kinteh, who normally gives instruction to de-kit and CDS Kinteh replied: “from the appropriate superior authority.”
Lawyer Tambedou asked him to tell the court, who the appropriate superior authority would be, but the Director of Public Prosecution, Richard N. Chenge objected to the question by arguing that it is not relevant to the case in question. He submitted that the witness appeared clearly not wanting to discuss names. He
pointed out that the armed forces have certain secrets that they would not want to divulge in public.
pointed out that the armed forces have certain secrets that they would not want to divulge in public.
However, lawyer Tambedou argued that the issue of de-kiting is very relevant in
this case, since a witness has testified in this matter in respect of the
de-kiting of the first accused person (Lang Tombong Tamba), and three more are
expected to testify in relation to de-kiting. Counsel Tambedou submitted that
the witness is the Chief of Defence Staff and that if he indicates that he
cannot give answers for security reasons, then "we will not pose further
questions, but he had not said so."
Nonetheless, Justice Amadi overruled the DPP's objection, and allowed the question to be answered, to which CDS Kinteh answered:
“The person is empowered by law or by virtue of his position to
give instructions.” Read on…
“The person is empowered by law or by virtue of his position to
give instructions.” Read on…
Sixth Prosecution Witness Inspector Sainey Ndure Testifies
The 6th Prosecution Witness in the latest treason trial involving the State, Lt. General Lang Tombong Tamba and seven others testified in Day 10 of the
trial at the high court in Banjul.
trial at the high court in Banjul.
Sainey Ndure, a Police Inspector and native of Basse told the Court on Wednesday 7th April 2010 that he knew all accused persons and he can remember what happened
in November 2009. He told the Court
that he was part of a panel of an investigating team at the Office of
the National Intelligence Agency (NIA) on the alleged coup plot.
in November 2009. He told the Court
that he was part of a panel of an investigating team at the Office of
the National Intelligence Agency (NIA) on the alleged coup plot.
He said during the course of investigations he was tasked to question and record both voluntary and cautionary statements from four of the accused persons (Lang Tombong Tamba,
Modou Gaye, Ngorr Secka and Youssef Ezziddine).
Modou Gaye, Ngorr Secka and Youssef Ezziddine).
He told the Court that the statements were taken on different dates and after taking the statements, cautionary wordings were read to the four accused person.
Inspector Ndure told the Court that on 21st November 2009 he obtained a cautionary statement from Lang Tombong Tamba and Modou Gaye, after which the statements
was read to Lang Tombong Tamba in the presence of and independent witness.
was read to Lang Tombong Tamba in the presence of and independent witness.
He added that the statement form was given to Lang Tombong to write his cautionary statement and was shown to him which he recognised and was tendered by the Director of Public Prosecution Chenge
as an exhibit without an objection from
the defence counsels.
as an exhibit without an objection from
the defence counsels.
The four voluntary statement obtained from the four accused persons on 14th January 2010, were tendered as exhibits without any objection from the defence
counsels.
counsels.
Inspector Ndure informed the court that on 21st November 2009, he had a task to caution and question Modou Gaye (5th accused). The cautionary
wordings and the particulars offence were read to him, he denied the charges
but he signed the statement, as do the independent witness and PW6 Sainey
Ndure.
wordings and the particulars offence were read to him, he denied the charges
but he signed the statement, as do the independent witness and PW6 Sainey
Ndure.
The cautionary statement was then tender by the DPP as an exhibit without any objection from the defence. He added that on the
14th January 2010, he was
also task to obtained a voluntary
statement from Modou Gaye, the
procedure was like
that of Lang Tombong Tamba’s and after writing the statement, he
said Modou Gaye, independent
witness and PW6 signed it. The statement was tendered as an exhibit.
14th January 2010, he was
also task to obtained a voluntary
statement from Modou Gaye, the
procedure was like
that of Lang Tombong Tamba’s and after writing the statement, he
said Modou Gaye, independent
witness and PW6 signed it. The statement was tendered as an exhibit.
He told the court that on 17th January 2010 he was task to caution and question Ngorr Secka, which he did and the statement was subsequently signed by all
parties, however PW6 noted that he wrote Ngorr Secka’s statement after the 6th
accused demanded so as his hand writing was poor. The cautionary statement was
tendered as an exhibit without an objection from the defence.
parties, however PW6 noted that he wrote Ngorr Secka’s statement after the 6th
accused demanded so as his hand writing was poor. The cautionary statement was
tendered as an exhibit without an objection from the defence.
He added that he was also task to obtain a cautionary statement from the 8th accused person Abdoulie Joof in the same manner. The cautionary statement was tender in
court as exhibit.
court as exhibit.
Cross-examination by Lawyer Secka
Lawyer Secka: Inspector Ndure you do said that you are part of the investigation panel?
Ndure: Yes.
Lawyer Secka: Are you aware that the sixth accused was arrested on the 16th December 2009?
Ndure: I was not aware.
Lawyer Secka: I am putting it to you that the sixth accused was arrested on 16th December 2009, will you denied
that?
that?
Ndure: I was not aware.
Lawyer Secka: Are you also aware of the fact that on the 21st December 2009 the sixth accused gave a statement?
Ndure: I was not aware that the sixth accused made a statement in the month of December.
Lawyer Secka: Were you present when the 6th accused was confronted by Rui Jabbi Gassama?
Ndure: I was present.
Lawyer Secka: At the National Intelligence Agency (NIA) Headquarters?
Ndure: Yes.
Lawyer Secka: At the confrontation did the sixth accused asked Rui Jabbi what his name was?
Ndure: I was present and Rui Jabbi said the sixth accused did not give him his true name.
Lawyer Secka: Did Rui Jabbi Gassama say that the sixth accused person name was Ngorr Secka?
Ndure: No.
Lawyer Secka: Did Ngorr Secka ask Rui Jabbi whether he knew his resident in Guinea Bissau before the panel?
Ndure: I am not aware.
Lawyer Secka: Did the sixth accused asked what type of car he normally drives in Bissau?
Ndure: That question was never asked in my presence.
Lawyer Secka: I am putting it to you that the question was asked and Rui said he drives a white car?
Ndure: I was not aware of that statement.
Lawyer Secka: I am putting it to you that the question was asked and Rui Jabbi (PW2) said it was a white car and the sixth accused told PW2
that the car he drives in Bissau was grey and a member of
the panel came and said white and grey is the same?
that the car he drives in Bissau was grey and a member of
the panel came and said white and grey is the same?
Ndure: I was not aware of that.
Lawyer Secka: Do you remember the sixth accused asking Rui Jabbi (PW2) what the kind of number plate on his vehicle was?
Ndure: I cannot remember.
Lawyer Secka: Do you know what happen to the sixth accused person’s hand?
Ndure: I do not know.
Lawyer Secka: I am putting it to you that you do?
Ndure; I do not know my lord.
Day 11 of the Treason Trial, PW7 testified, Thursday 8th April, 2010
The seventh Prosecution Witness, a National Intelligence Agency (NIA) Officer (Name withheld) testified in the ongoing trial.
The NIA Officer said he recognised all accused persons and that he can remember 21st November, 2009, when he obtained statements from BO Badjie, Kawsu Camara and
Abdoulie Joof. According to him he obtain a cautionary statement from BO Badjie
before writing his statement, he read the cautionary wordings to him in English
and he write his statement in the presence of an independent witness, which was
signed by BO Badjie, an independent witness and PW7. The cautionary statement
obtain from BO Badjie was tender as an exhibit without an objection from the
defence.
Abdoulie Joof. According to him he obtain a cautionary statement from BO Badjie
before writing his statement, he read the cautionary wordings to him in English
and he write his statement in the presence of an independent witness, which was
signed by BO Badjie, an independent witness and PW7. The cautionary statement
obtain from BO Badjie was tender as an exhibit without an objection from the
defence.
PW7 also added that he obtained two other voluntary statements from BO Badjie on the same day in the presence of an independent witness and the statement of offence was read
to him which, he totally denied.
to him which, he totally denied.
At this point the Director of Public Prosecution (DPP Chenge) applied to tender the two voluntary statements as an exhibit which was admitted by the court without an
objection from the defence. The NIA officer told the court that he also obtains
a cautionary statement from Kawsu Camara, which PW7 himself wrote at the
accused person’s consent. The cautionary statement was tendered as an exhibit.
objection from the defence. The NIA officer told the court that he also obtains
a cautionary statement from Kawsu Camara, which PW7 himself wrote at the
accused person’s consent. The cautionary statement was tendered as an exhibit.
The NIA officer also explained the same procedure to the court when obtaining a statement from Abdoulie Joof, the 8th accused. The statement was also tendered as
an exhibit and as usual, no objection from the defence counsels.
an exhibit and as usual, no objection from the defence counsels.
Cross-examination of PW7 by Lawyer Sheriff Marie Tambedou
Tambedou: Did the panel write a report at the end of the investigation?
NIA officer: Yes.
Tambedou: Was this report sent to the President?
NIA officer: I do not know.
Tambedou: Do you remember the date of the report?
NIA officer: I cannot re-call.
Tambedou: Abdoulie Joof was arrested on 21st November, 2009?
NIA officer: I cannot remember the actual date he was arrested.
Tambedou: Was this report written in December, November, or January.
NIA officer: It was around December, 2009.
Tambedou: Do you remember the time Abdoulie Joof was released?
NIA officer: I cannot remember.
Tambedou: Did Ebrima Marreh (PW1) appear before the panel?
NIA officer: Yes.
Tambedou: When he appears before the panel did he said he saw Abdoulie Joof at the meetings?
NIA officer: It was not my role to listen to his statements.
Tambedou: In Abdoulie Joof’s cautionary statement did he denied attending any meeting?
NIA officer: Yes.
Tambedou: Apart from the statement and testimony of Ebrima Marreh (PW1) did the panel find other evidence to suggest that Abdoulie Joof attended the meetings?
NIA officer: I did not remember.
Tambedou: Did Kawsu Camara deny receiving any telephone call from Ebrima Marreh on 19th November, 2009?
NIA officer: I can’t remember.
Tambedou: Did Kawsu Camara deny that PW1 spend the night with him at Kanilai on his way to Farafenni?
NIA officer: I remember that.
Tambedou: Apart from PW1 statement and evidence did any other person mentioned the 4th accused person?
NIA officer: I cannot remember.
Tambedou: I put it to you that apart from PW1 no other person even suggests that the 4th accused person is part of the alleged coup plot?
NIA officer: I cannot remember.
Tambedou: Was there any voluntary statement taken from the 7th accused person?
NIA officer: I cannot remember.
Tambedou: Was there any confrontation between Kawsu Camara and Ebrima Marreh?
NIA officer: I can’t remember.
Tambedou: I put it to you that there was no confrontation between Kawsu and Marreh.
NIA officer: I said, I can’t remember.
Eight Prosecution Witness (PW8) Testifies
A Civil Servant working for National Intelligence Agency, whose name was withheld is the Eight Prosecution Witness to testify at the High Court in the treason trial. He told
the court that he knew all accused persons. He said it was on 15th
December, 2009 he was instructed by his boss to go with the investigating team
to Guinea Bissau as a photographer. Upon arrival in Guinea Bissau he said they
went to the Police Detention Centre in Bissau
to meet Rui Jabbi Gassama, while he (PW8) was waiting for the investigating
team outside. He told the court that the following day, on 16th
December, 2009 they went to a town called Kachew with a Bissau police office. He said when they reached
at the said town he waited for the investigating team in the vehicle and the
police officer and the investigating team went to see their counterpart at the
police station. According to him, after some time the investigating team and
the police went with him to the boat (‘Maree de Bissau) where he was instructed
to take pictures of the said boat.
the court that he knew all accused persons. He said it was on 15th
December, 2009 he was instructed by his boss to go with the investigating team
to Guinea Bissau as a photographer. Upon arrival in Guinea Bissau he said they
went to the Police Detention Centre in Bissau
to meet Rui Jabbi Gassama, while he (PW8) was waiting for the investigating
team outside. He told the court that the following day, on 16th
December, 2009 they went to a town called Kachew with a Bissau police office. He said when they reached
at the said town he waited for the investigating team in the vehicle and the
police officer and the investigating team went to see their counterpart at the
police station. According to him, after some time the investigating team and
the police went with him to the boat (‘Maree de Bissau) where he was instructed
to take pictures of the said boat.
He said after they left the town of Kachew, they went straight to Bissau the
Samaritan restaurant, were he was also instructed to take pictures of the said
restaurant by the team leader. The NIA photographer told the court that on 19th
December, they return to the Gambia,
adding that on 21st December, 2009 an identification panel was
conducted at the NIA Headquarters, the accused persons paraded and Ngorr Secka
was asked to joined the line. He also said that the team called Rui Jabbi
Gassama to come and identify Ngorr Secka among the people line-up, which Rui
Jabbi Gassama did and he (PW8) was asked to take a picture of the action. He
further told the court that on 24th December,2009 another
identification panel was conducted at the NIA office, a lot of people were
called to line up and BO Badjie was called to joined the line. He further
testified that the panel calls Rui Jabbi from the other room to come and identify
BO Badjie among the people paraded. PW8 said Rui Jabbi inspected the line and
put his hand on the shoulder of BO Badjie and he (PW8) was also instructed to
take a picture of the action. He said later BO Badjie and Lang Tombong Tamba
were also call to join the line, but at that time Rui Jabbi was out of the
room. He further told the court that Rui Jabbi Gassama was call again to
identify Lang Tombong Tamba among the people paraded before the panel. Rui
Jabbi came and inspected the line and put his hand on the shoulder of Lang
Tombong and he (PW8) was again instructed to take pictures of the action.
Samaritan restaurant, were he was also instructed to take pictures of the said
restaurant by the team leader. The NIA photographer told the court that on 19th
December, they return to the Gambia,
adding that on 21st December, 2009 an identification panel was
conducted at the NIA Headquarters, the accused persons paraded and Ngorr Secka
was asked to joined the line. He also said that the team called Rui Jabbi
Gassama to come and identify Ngorr Secka among the people line-up, which Rui
Jabbi Gassama did and he (PW8) was asked to take a picture of the action. He
further told the court that on 24th December,2009 another
identification panel was conducted at the NIA office, a lot of people were
called to line up and BO Badjie was called to joined the line. He further
testified that the panel calls Rui Jabbi from the other room to come and identify
BO Badjie among the people paraded. PW8 said Rui Jabbi inspected the line and
put his hand on the shoulder of BO Badjie and he (PW8) was also instructed to
take a picture of the action. He said later BO Badjie and Lang Tombong Tamba
were also call to join the line, but at that time Rui Jabbi was out of the
room. He further told the court that Rui Jabbi Gassama was call again to
identify Lang Tombong Tamba among the people paraded before the panel. Rui
Jabbi came and inspected the line and put his hand on the shoulder of Lang
Tombong and he (PW8) was again instructed to take pictures of the action.
He also informed the court that they came along with Rui Jabbi Gassama from Bissau to Banjul. He
said after taking all the pictures, he was instructed to take the film to Photo
Star in Serrekunda to develop and print it out, noting that each picture goes
with a negative and he endorsed and handed over the pictures to his boss.
said after taking all the pictures, he was instructed to take the film to Photo
Star in Serrekunda to develop and print it out, noting that each picture goes
with a negative and he endorsed and handed over the pictures to his boss.
At that juncture, he was shown the pictures which he took from Bissau and The Gambia in court; (10 photographs of the boat were shown to him together with their negatives and
were later tendered as an exhibit). The photograph of Samaritan Restaurant was
also tendered as an exhibit. The NIA photographer also identified four pictures
of the identification parades and the pictures were tendered as an exhibit
without an objection from the defence counsels.
were later tendered as an exhibit). The photograph of Samaritan Restaurant was
also tendered as an exhibit. The NIA photographer also identified four pictures
of the identification parades and the pictures were tendered as an exhibit
without an objection from the defence counsels.
Cross-examination by Lawyer Sheriff Tambedou
Tambedou: When did the investigation team come back from Bissau with PW2 (Rui), where was he taken?
Photographer: When we arrived I took my vehicle and he was taken.
Tambedou: Did you see him again before 21st December, 2009?
Photographer: No.
Tambedou: After he made the identification, did you know where PW2 was taken?
Photographer: I did not know.
Tambedou: I put it to you that he was held at the NIA office in Banjul?
Photographer: I did not know.
Tambedou: Please look at exhibit P16, 17 and 18 did you agree with me that, the same people who are in exhibit P16 are the same people in exhibit P17 (a) and (b)?
Photographer: Yes.
Tambedou: Look at exhibit P18 the people who appear there are they the same people in the other pictures?
Photographer: No, I did not see any of them in the others.
Tambedou: The people who were on the pictures worked for the NIA?
Photographer: I do not know that.
Tambedou: Do you know PW7 who testified today before this court?
Photographer: There are many people who bear that type of name; I can’t say who he is.
Tambedou: Look at exhibit P18 do you know the last person?
Photographer: I cannot recognise him.
Tambedou: I put it to you that the last person standing in exhibit P18 is PW7?
Photographer: I do not know.
Tambedou: I put it to you that most of the people on exhibit P16 to 18 are all working for the NIA?
Photographer: I do not know.
Tambedou: I put it to you that before you came into this court room you and PW7 were sitting outside the court charting.
Photographer: I can’t remember.
Tambedou: Do you know that the 3rd accused was once Director General of NIA?
Photographer: Yes.
Tambedou: Do you know that PW2 (Rui) identified 1st 3rd and 6th accused persons in Bissau
from the Daily Observer Edition of 12th October, 2009?
from the Daily Observer Edition of 12th October, 2009?
Photographer: I have no idea.
Tambedou: Do you know PW2 identified them again in the Gambia in the same newspaper before the parade?
Photographer: I do not know.
Cross-examination by Senior Lawyer Pap Cheyassin Secka
Lawyer Secka: The identification parade on 21st December, 2009 where you standing with PW2 before the parade?
Photographer: I did not remember.
Lawyer Secka: You will not tell whether PW2 could see the parade from where he stood?
Photographer: I do not know.
Lawyer Secka: Do you know one Malick Jobarteh?
Photographer: Yes, I do.
Lawyer Secka: Did you see him when you went with the investigating team to Bissau?
Photographer: Yes.
Lawyer Secka: Do you remember if Malick was with the investigating team throughout?
Photographer: Not all the time, but some time.
Lawyer Secka: When the investigating team visited the detention centre was PW2, was Malick Jobarteh there?
Photographer: I cannot remember that, I was in the car waiting for them.
Lawyer Secka: Do you remember whether Malick was in the car the time you were going to the dentition centre?
Photographer: I was not there.
Day 12 of the treason trial, PW9 Lt. Colonel Yorro Jallow Testifies
Lt Colonel Yorro N.A. Jallow Camp Commander of the 2nd Infantry Battalion at the Farafenni Barracks testified before Justice Emanuel A. Amadi on Thursday 8th
April, 2010.
April, 2010.
In his testimony, the Camp Commander of Farafenni
told the court that he can vividly remember Wednesday 18th November
2009, when he received a call from Major Kuluteh Manneh, who informs him that
someone wanted to talk to him as the Commanding Officer of Farafenni barracks.
He added that Kuluteh Manneh then handed him the person, who identified himself
as Ebrima Bojang, an intelligent officer from the Office of the President. “I
asked Ebrima Bojang what can I do for you, Ebrima told me that he is about to
embark on an assessment mission with my team to Farafenni and Basse,” Lt Col.
Jallow told the Court.
told the court that he can vividly remember Wednesday 18th November
2009, when he received a call from Major Kuluteh Manneh, who informs him that
someone wanted to talk to him as the Commanding Officer of Farafenni barracks.
He added that Kuluteh Manneh then handed him the person, who identified himself
as Ebrima Bojang, an intelligent officer from the Office of the President. “I
asked Ebrima Bojang what can I do for you, Ebrima told me that he is about to
embark on an assessment mission with my team to Farafenni and Basse,” Lt Col.
Jallow told the Court.
Jallow said that Ebrima Bojang told him that Chief Defence Staff Masaneh Kinteh and Deputy Chief of Defence Staff Yankuba Drammeh will call him (PW9). Later in the evening Deputy Yankuba Drammeh called
me and told him that he called the Army Chief of Staff Brig. General Ousman
Badjie but could not get him that was why he decided to call him (PW9).
me and told him that he called the Army Chief of Staff Brig. General Ousman
Badjie but could not get him that was why he decided to call him (PW9).
PW9 said Deputy CDS Drammeh informed him that there will be an assessment team in Farafenni and Basse, but he (Drammeh) personally dose not know the assessment team and dose
not what there mission was. “He told me that I should allow the assessment team
to get into the camp and I replied yes sir,” Lt Col. Jallow said, adding that
he was trying to find out who are they and what their mission is.
not what there mission was. “He told me that I should allow the assessment team
to get into the camp and I replied yes sir,” Lt Col. Jallow said, adding that
he was trying to find out who are they and what their mission is.
He said on that night at 10pm Ebrima Bojang called him and informed him that he is in Farafenni, he then went and pick him up and took him to his house at his resident. He said
while they were having dinner, out of curiosity he asked him (Ebrima Bojang)
what his mission was all about in Farafenni. He told the court that Ebrima
Bojang told him that as I told you, am Ebrima Bojang an intelligent officer
from State House and that he was send by the President, that they got an
intelligent tip-off that some ladies from Senegal who pretended to be traders
whilst they are not traders but instead spies.
while they were having dinner, out of curiosity he asked him (Ebrima Bojang)
what his mission was all about in Farafenni. He told the court that Ebrima
Bojang told him that as I told you, am Ebrima Bojang an intelligent officer
from State House and that he was send by the President, that they got an
intelligent tip-off that some ladies from Senegal who pretended to be traders
whilst they are not traders but instead spies.
As a result, he (Ebrima Bojang) was sent by the president to the boarder to investigate and track down those people. He said, “I used that opportunity and told him that we
solders are under oath, and we have to maintain our allegiance, unflinching,
absolute and total royalty to the President and told him that we in Farafenni
Barrack will do all we can, and in all cost to defend the territorial integrity
and sovereignty of this country”, he told the court. Lt. Col. Jallow added that
he told Ebrima Bojang as long as he (PW9) is the Commanding Officer of
Farafenni Army Barrack, he will not tolerate any disloyal person to permeate
his barrack. According to him, on the following day 19th November,
2009 he woke up earlier than usual in the morning, and left Ebrima Bojang in
the house. “I went to the office and first called Major Kuluteh Manneh, and
asked him whether he knows Ebrima Bojang very well. Kuluteh told me that he did
not know him much, but can remember seeing him once, and he told Kuluteh that
he did not believe much in Ebrima’s stories, since anybody can come from
nowhere and said he is from the President’s Office,” Jallow said. As security
personnel, he said did his verifications by calling the Army Chief of Staff and
revealed the story of Ebrima Bojang to him and further asked him to called
Chief of Defence Staff (CDS) Kinteh,
Deputy CDS Drammeh and the State House Army Commander to fine out whether
Ebrima Bojang is from the Office of the President.
solders are under oath, and we have to maintain our allegiance, unflinching,
absolute and total royalty to the President and told him that we in Farafenni
Barrack will do all we can, and in all cost to defend the territorial integrity
and sovereignty of this country”, he told the court. Lt. Col. Jallow added that
he told Ebrima Bojang as long as he (PW9) is the Commanding Officer of
Farafenni Army Barrack, he will not tolerate any disloyal person to permeate
his barrack. According to him, on the following day 19th November,
2009 he woke up earlier than usual in the morning, and left Ebrima Bojang in
the house. “I went to the office and first called Major Kuluteh Manneh, and
asked him whether he knows Ebrima Bojang very well. Kuluteh told me that he did
not know him much, but can remember seeing him once, and he told Kuluteh that
he did not believe much in Ebrima’s stories, since anybody can come from
nowhere and said he is from the President’s Office,” Jallow said. As security
personnel, he said did his verifications by calling the Army Chief of Staff and
revealed the story of Ebrima Bojang to him and further asked him to called
Chief of Defence Staff (CDS) Kinteh,
Deputy CDS Drammeh and the State House Army Commander to fine out whether
Ebrima Bojang is from the Office of the President.
According to him, the Army Chief of Staff asked him to wait and he’ll get to him later. After some time, the Army Chief of Staff called him and told him that he could
not get the Deputy CDS but promised him that he will continue trying. He added
that he went back to his house, met Ebrima Bojang and told him that if he is
ready taking bath he (PW9) is at his office. While waiting for the verification
he said, the State Guard Commander Lamin Bojang and Major Solo Bojang also
called him to ask what happen and he explained the entire story Ebrima Bojang
narrated to him. “They told me to wait let them fine out whether they have any
Ebrima Bojang among their personnel,” Jallow said.
not get the Deputy CDS but promised him that he will continue trying. He added
that he went back to his house, met Ebrima Bojang and told him that if he is
ready taking bath he (PW9) is at his office. While waiting for the verification
he said, the State Guard Commander Lamin Bojang and Major Solo Bojang also
called him to ask what happen and he explained the entire story Ebrima Bojang
narrated to him. “They told me to wait let them fine out whether they have any
Ebrima Bojang among their personnel,” Jallow said.
According Lt Col. Jallow he got back to Ebrima Bojang and asked if he will be going to the boarder for duty and that he told him that he (PW9) most posses his
Intelligence Card when going to the boarder. “I then asked him do you have any
ID Card with you? He said yes. And I asked him to show me his NIA Identity
Card, because I have never seen one before,” Jallow explains. He told the court
that Ebrima checked every part in his wallet but could not see the Card and he
(Jallow) told him that I believe you must have a National Identity Card, but he
did not have that one too. “Ebrima pretended to call a friend to bring his ID
Card and told me that someone is bringing his card. I responded yes,” he said.
Camp Commander Jallow said that was the time he started suspecting him and took
him to another office and told his orderly to keep an eye on him. He informed
that court that at that juncture he called Army Chief of Staff Ousman Badjie
and told him that the boy did not even have an ID Card and he asked him to
called Deputy CDS Drammeh, he tried but could not get to him. He further told the court that he went back
to the office and saw Ebrima Bojang talking on the phone but did not know who
he was talking to. “I called CDS Kinteh and told him about Ebrima and he asked
me to give the phone to him and later told me to keep him until he produce the
ID card,” he said. According to him, the State House Commander called him to
inform him that there is no body among his personnel who bears the name Ebrima
Bojang, and that Ebrima is not on any presidential duty. Jallow told the court
that he then went to the office and arrested Ebrima Bojang (PW1) and handed him
over to his Military Intelligence and Security Operatives for questioning as to
why he came to Farafenni Barracks.
Intelligence Card when going to the boarder. “I then asked him do you have any
ID Card with you? He said yes. And I asked him to show me his NIA Identity
Card, because I have never seen one before,” Jallow explains. He told the court
that Ebrima checked every part in his wallet but could not see the Card and he
(Jallow) told him that I believe you must have a National Identity Card, but he
did not have that one too. “Ebrima pretended to call a friend to bring his ID
Card and told me that someone is bringing his card. I responded yes,” he said.
Camp Commander Jallow said that was the time he started suspecting him and took
him to another office and told his orderly to keep an eye on him. He informed
that court that at that juncture he called Army Chief of Staff Ousman Badjie
and told him that the boy did not even have an ID Card and he asked him to
called Deputy CDS Drammeh, he tried but could not get to him. He further told the court that he went back
to the office and saw Ebrima Bojang talking on the phone but did not know who
he was talking to. “I called CDS Kinteh and told him about Ebrima and he asked
me to give the phone to him and later told me to keep him until he produce the
ID card,” he said. According to him, the State House Commander called him to
inform him that there is no body among his personnel who bears the name Ebrima
Bojang, and that Ebrima is not on any presidential duty. Jallow told the court
that he then went to the office and arrested Ebrima Bojang (PW1) and handed him
over to his Military Intelligence and Security Operatives for questioning as to
why he came to Farafenni Barracks.
“When Ebrima was interrogated, he said he is sent to check the security preparedness and how Lt. Col. Yorro Jallow deploys his men and one Gassama and two other Senegalese are
to come to the boarder and he should collect them from the boarder,” Lt Col.
Jallow said. Jallow added that he asked his men to take Ebrima to the boarder
whether they will find Gassama and the two Senegalese men, but they never came.
He further told the crowed court that after their return from that boarder
Ebrima Bojang confessed to him that he has been sent by the current Chief of
Defence Staff Masaneh Kinteh, current Director General of NIA, former Inspector
General of Police Ensa Badjie, Former Deputy Chief of Defence Staff Yankuba
Drammeh and the then Crime Management Coordinator (CMC) and the current
Inspector General Police Yankuba Sonko.
to come to the boarder and he should collect them from the boarder,” Lt Col.
Jallow said. Jallow added that he asked his men to take Ebrima to the boarder
whether they will find Gassama and the two Senegalese men, but they never came.
He further told the crowed court that after their return from that boarder
Ebrima Bojang confessed to him that he has been sent by the current Chief of
Defence Staff Masaneh Kinteh, current Director General of NIA, former Inspector
General of Police Ensa Badjie, Former Deputy Chief of Defence Staff Yankuba
Drammeh and the then Crime Management Coordinator (CMC) and the current
Inspector General Police Yankuba Sonko.
He said Ebrima Bojang further told him that he is to take Gassama and two Senegalese men to the said persons so that they link with them and Kukoi Samba Sanyang for them
to communicate about the alleged coup plot. Lt Col. Jallow said he then called
Deputy CDS Drammeh and informed him that Ebrima is still with him and seek his advice
and told him to hand him over to the police, but he suggested to the Deputy CDS
that let the him hand Ebrima over to the NIA which he (Drammeh) agreed.
to communicate about the alleged coup plot. Lt Col. Jallow said he then called
Deputy CDS Drammeh and informed him that Ebrima is still with him and seek his advice
and told him to hand him over to the police, but he suggested to the Deputy CDS
that let the him hand Ebrima over to the NIA which he (Drammeh) agreed.
He said he than handed over Ebrima Bojang to the Officer in Command (OC) of the National Intelligence Agency in Farafenni and gave him a military escort to the OC and
bring Ebrima Bojang to the NIA Headquarters in Banjul.
bring Ebrima Bojang to the NIA Headquarters in Banjul.
Lt Col. Yorro N.A. Jallow was not cross-examined by any of the defence counsels, because his testimony was very clear and straight forward. The senior defence counsel Pap
Cheyassin Secka thanked PW9 for his truthfulness which resulted to the big
applaud by the crowed in the court room. The presiding judge, Emanuel Amadi was
then upset about the behavior of the crowd and angrily told the gallery that
the court room is neither a political platform nor a meeting place they can
clap. He stressed that he will never allow any one in court apart from the
journalist and the securities, because this had never happened in any place in
the world. He was later begged by the Senior Defence Counsel Secka and Awa
Sisay Sabally the defence counsel representing the 8th accused
person to which he accepted but warned that if it happened again he will not
allow anybody to attend the sittings.
Cheyassin Secka thanked PW9 for his truthfulness which resulted to the big
applaud by the crowed in the court room. The presiding judge, Emanuel Amadi was
then upset about the behavior of the crowd and angrily told the gallery that
the court room is neither a political platform nor a meeting place they can
clap. He stressed that he will never allow any one in court apart from the
journalist and the securities, because this had never happened in any place in
the world. He was later begged by the Senior Defence Counsel Secka and Awa
Sisay Sabally the defence counsel representing the 8th accused
person to which he accepted but warned that if it happened again he will not
allow anybody to attend the sittings.
Director of Public Prosecution Recalls Lamin Cham - PW5
Lamin Cham PW5 was re-called by the DPP on the 8th of April 2010 to give evidence that he (PW5) obtained Omar Bun Mbye's cautionary statement.
He testified that on 9th December, he obtained the cautionary statement and particulars of Omar Bun Mbye, the 2nd accused person, and it was read to him in the presence
of an independent witness in the English Language.
of an independent witness in the English Language.
He further testified: "I told the 2nd accused person that he is not forced to say anything unless he wishes to, and whatever he says in the statement will be
written down and may be used as evidence in court."
written down and may be used as evidence in court."
PW5 told the court that the 2nd accused person accepted the statement, and he signed it and the independent witness also signed the cautionary statement.
Inspector Cham further adduced that Omar Bun Mbye was also given a cautionary form, and he wrote his own statement, adding "I endorsed my name on 2nd accused
person's statement." Inspector Cham identified the statement in court
through his name written on the statement, which was tendered in court without
any objection from the defence, and was admitted as an exhibit and marked P10.
person's statement." Inspector Cham identified the statement in court
through his name written on the statement, which was tendered in court without
any objection from the defence, and was admitted as an exhibit and marked P10.
Cross-examination of PW5 in respect of the cautionary statement he obtained from Omar Bun Mbye by his counsel Pap Cheyassin Secka.
Lawyer Secka: Mr. Cham you are also part of the investigating panel of the alleged coup.
Lamin Cham: Yes, I'm part of the investigating team.
Lawyer Secka: And, when 2nd accused person's statement was taken, was it studied?
Lamin Cham: When he finished writing and endorse it by signing it, he later gave it to me which I passed to the investigating team.
Lawyer Secka: Did PW1 appear before an investigating team?
Lamin Cham: Yes.
Lawyer Secka: Do you remember PW1 saying that 2nd accused person attended meetings at the 1st accused person's residence?
Lamin Cham: Yes, I remember.
Lawyer Secka: Now in 2nd accused person's statement, did O.B. Mbye state that he has never seen nor spoken to the 1st accused person, since he was dismissed from the army?
Lamin Cham: Yes, 2nd accused person said that in his statement.
Lawyer Secka: To your knowledge, did the investigating team discover any information contradicting the statement made by 2nd accused person?
Lamin Cham: That was not part of my assignment. I have no knowledge of that, and I did not know.
Day 13, Chief of Defence Staff Masanneh Kinteh testifies in treason trial
Lt. General Masanneh Kinteh, the Chief of Defence Staff of the Gambia Armed Forces was the next person to testify, as the 10th prosecution witness (PW10), in the ongoing
treason trial involving the former CDS, Lt. General Lang Tombong Tamba, and
seven others.
treason trial involving the former CDS, Lt. General Lang Tombong Tamba, and
seven others.
Testifying last Friday, 9th April 2010, Lt. General Kinteh told the court that he knows all the accused persons.
He revealed that on 18th November 2009, he (Kinteh) received a phone call from someone, who introduced himself as Ebrima Ceesay and works as an intelligence officer at the
Office of the President.
Office of the President.
Lt. Gen. Kinteh added, that he (Ceesay) received information in his office that some smuggling activities are going on around the border with Senegal, and that he (Ebrima
Ceesay) was asked to go on a fact-finding mission in Farafenni and Basse.
Ceesay) was asked to go on a fact-finding mission in Farafenni and Basse.
CDS Kinteh further testified that the said Mr. Ceesay also asked him to arrange so that he (Ebrima Ceesay) can talk to the commanders on the ground.
Lt. General Kinteh further revealed that Ebrima Ceesay told him that he (Ceesay) is going to send two agents to Farafenni and Basse.
"I assured him of my co-operation. I called the ex-Deputy CDS, Major General Yankuba Drammeh, about the visit and instructed him to liaise with the two commanders
in the two areas: Farafenni and Basse," Kinteh informed the court.
in the two areas: Farafenni and Basse," Kinteh informed the court.
Lt. General Kinteh added: "After that, I received a call from the same person that his two men are on the way, but their vehicle had a breakdown just after Barra, and
that he wanted us to help him with a vehicle so that he could continue with the
journey. But I told him (Ebrima Ceesay) we don't have a vehicle."
that he wanted us to help him with a vehicle so that he could continue with the
journey. But I told him (Ebrima Ceesay) we don't have a vehicle."
"I called the commander of Farafenni Barracks, Lt. Colonel Yerro Jallow, to confirm whether he has knowledge about the visit from the then Deputy CDS, Yankuba
Drammeh, and he acknowledged it. I further instructed him to facilitate the
mission of the intelligence agent."
Drammeh, and he acknowledged it. I further instructed him to facilitate the
mission of the intelligence agent."
PW10 further testified: "After that, I made several calls to make sure whether the said Ebrima Ceesay is a member of the President's Office, but all the people I
contacted confirmed to me that he is not an officer at the President's
Office."
contacted confirmed to me that he is not an officer at the President's
Office."
Lt. General Kinteh said that later, Lt. Colonel Yerro Jallow "called and informed me that one of the agents has arrived in the camp, and I asked him (Lt. Yerro
Jallow) to ascertain the agent's identity. He later told me that the agent has
no warrant card."
Jallow) to ascertain the agent's identity. He later told me that the agent has
no warrant card."
PW10 added that he requested to speak to the agent himself, and he asked him about his identity or warrant card, but he (Ebrima Ceesay) told him that his warrant was with his
partner who was not with him.
partner who was not with him.
General Kinteh continued: "I requested the said Ebrima Ceesay to hand over the phone to the commanding officer, and instructed Lt. Colonel Jallow that he (Ceesay) must
not leave the camp until he produced the warrant card."
not leave the camp until he produced the warrant card."
Cross-examination of the 10th prosecution witness Lt. General Masanneh Kinteh by Lawyer Tambedou counsel for the 1st accused person
Tambedou: Your Deputy CDS Yankuba Drammeh has been relieved of his duties?
CDS Kinteh: That is correct.
Tambedou: Do you know when was he relieved of his duties?
CDS Kinteh: I don't know.
Tambedou: After his release, was he de-kited?
CDS Kinteh: That is correct.
Tambedou: Is it correct that he was de-kited immediately?
CDS Kinteh: Yes.
Tambedou: Is that the normal procedure for officers?
CDS Kinteh: That is the normal procedure.
Tambedou: Is it correct that Deputy CDS Drammeh was de-kited at his home?
CDS Kinteh: Yes.
Tambedou: Who normally gives instruction to de-kit?
CDS Kinteh: From the appropriate superior authority.
Tambedou: Can you tell us who the appropriate superior authority would be?
Richard N. Chenge, the DPP, objected to this question asked by counsel on the
basis that it is not relevant to the case in question. He submitted further
that the witness appeared clearly not wanting to discuss names. He pointed out
that the armed forces have certain secrets that they would not want to divulge
in public.
In his reply, lawyer Tambedou argued that the issue of de-kiting is very
relevant in this case, since a witness has testified in this matter in respect
of the de-kiting of the first accused person, and three more are expected to
testify in relation to de-kiting. Counsel submitted further that the witness is
the CDS and that if he indicates that he cannot give answers for security
reasons, then "we will not pose further questions, but he had not said
so."
Richard N. Chenge, the DPP, objected to this question asked by counsel on the
basis that it is not relevant to the case in question. He submitted further
that the witness appeared clearly not wanting to discuss names. He pointed out
that the armed forces have certain secrets that they would not want to divulge
in public.
In his reply, lawyer Tambedou argued that the issue of de-kiting is very
relevant in this case, since a witness has testified in this matter in respect
of the de-kiting of the first accused person, and three more are expected to
testify in relation to de-kiting. Counsel submitted further that the witness is
the CDS and that if he indicates that he cannot give answers for security
reasons, then "we will not pose further questions, but he had not said
so."
The court overruled the DPP's objection, and allowed the question to be answered.
CDS Kinteh: The person is empowered by law or by virtue of his position to give instructions.
Tambedou: In the case of Lang Tombong Tamba, do you know when the de-kiting was done?
CDS Kinteh: I was not in the country then; although I was appointed CDS, but somebody was acting as CDS.
Cross-examination of the 10th prosecution witness Lt. General Masanneh Kinteh by lawyer Pap Cheyassin Secka, the counsel for the 2nd, 3rd, 5th, 6th and 7th accused persons.
Lawyer Secka: Lt. General Masanneh Kinteh you said, "I made several calls to confirm whether Ebrima Ceesay works at the President's Office. “Why don't you make
enquiries before rather than after the instruction?"
enquiries before rather than after the instruction?"
CDS Kinteh: Initially, I believed the information was correct.
The case continues tomorrow. VOL:2 ISSN: 160
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