Sunday, January 20, 2013

Judgement for ex-IGP and Co Monday

Former Gambia police boss, Ensa Badjie has been on trial since 2010
The Special Criminal Division of the High Court in Banjul, The Gambian capital, is expected to make its judgement on a long-running “drug related criminal trial” brought against the erstwhile Inspector General of Police Ensa Badjie and two ex-top military officers, Mamatarr Secka and Kuluteh Manneh on Monday.

The three have since denied 51-counts indictment that include drug trafficking”, “abuse of office”, and “official corruption” since 2010.  
Hadi Saleh Barkun, prosecuting, urged the court to convict all the accused persons on all charges pressed against them based on the evidence adduced in court.
Director of Public Prosecution, DPP, argued he has proof his case beyond reasonable doubt in line with the criminal code and the law of evidence. 
He said the prosecution intend to rely on the evidences of first prosecution witness Sillaba Samateh, and other witnesses (Abraham Williams, Amadou Samba).
Borry Touray, defending, argued that the prosecution has failed to proof the charges against the accused persons and therefore urged the court to discharge and acquit them.
The counsel for the 1st accused Ensa Badjie and the 2nd accused Mamatarr Secka said the amended counts relating to sedition - showed no evidence of sedition.
“There is need for corroboration of the evidence of the prosecution before the accused persons could be convicted of the charge,” he said. 
Lamin K. Mboge, defending the 3rd accused person Kuluteh Manneh, argued that his client is innocent.  
“My lord, I wish to first of all start my submission by expressing the innocence of all the accused persons,” he announced to the criminal court.
Counts 1 to 16 relate to all the accused persons and there was no witness who spoke about the third accused Kuluteh Manneh, he observed. 
None of them talked about the third accused receiving even a single butut (Gambia’s lowest currency denomination) from anyone and the burden of proof lies on the prosecution to proof that evidence against the accused person, Mboge argued.
He reiterated the need for the court to acquit the accused persons of all charges and discharge them accordingly.
He argued that Sillaba Samateh did not give any evidence against the accused persons, he was not cross-examined and the need to have his evidence expunged from the record. 
He said his client Kuluteh Manneh was truthful and in such a situation the court has no option than to discharge and acquit him.
Mboge also argued that the prosecution’s evidence showed that witness Sillaba Samateh is a liar, a fraud and dishonest witness, and the root of the case. 
All the prosecution witnesses denied receiving drug or drugs from him (Samateh), he added.
“I therefore renewed the called for the court to acquit and discharge all the accused persons,” he demanded.
Meanwhile, Justice Emmanuel Nkea, presiding, is set to deliver judgement on Monday, Jan. 21, 2013. 

Written by Modou S. Joof

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