Military Instructors ‘Guilty Of Abuse’ They are for sentencing today,Court Martial Dismisses Military Instructors, Court Martial should bend rules: Prosecutor

Military Instructors ‘Guilty Of Abuse’

They are for sentencing today

Mafugi Ceesay

On Friday, a Court Martial at the Yundum Military Barracks found two military instructors guilty of “abusing their inferiors or subordinates”.

Sergeant Manlafi Jarju and Corporal Karamo Jatta were accused of committing the crime at a Military Training School in 2009.

Justice Mikailu Abdullahi, presiding, said the convicts are due for sentencing on Monday, January 28, 2013. 

But the President of the military court S. Gomez said the conviction is subjected to approval by the authorities. 

Justice Mikailu noted that Section 59 of the Armed Forces Act states that if a person is found guilty of maltreating or abusing their inferior or subordinate, they shall be subjected to a prison sentence of two years or less.

He added that under Section 129 of the same Act the convict is liable to “dismissal or demotion”.

The judge said the court cannot rely on the evidences of the defense witnesses “as they are tainted witnesses who only came to court to defend their seniors”.

The convicts have earlier denied the charges.

Edrisa M. Sisoho, defence counsel for Corporal Karamo Jatta who also stood brief for Borry Touray, counsel for Manlafi Jarju, urged the court not to imposed a custodial sentence on the convicts.

He asked the court to tempered justice with mercy by imposing a lesser punishment.

Court Martial Dismisses Military Instructors 

Mafugi Ceesay

A Court Martial at the Yundum Military Barracks has ordered for the dismissal of two military instructors on Monday Jan. 28, 2013 after they were found guilty of “abusing their inferiors or subordinates”.

Sergeant Manlafi Jarju and Corporal Karamo Jatta were convicted on January 26. They were accused of committing the crime at a Military Training School in 2009, but denied any wrong doing.

The two junior female soldiers at the center of the case who are said to have been abused were a part of Gambia’s military intake 30.

The judge, Justice Mikailu Abdullahi and a three-member panel led by Colonel Paul S. Gomez, who is the president of the Court Martial, Captain Abdoulie Sarr and Lieutenant Oumie Saine – found the accused guilty as charged.

On Monday, the President of the court martial Colonel Paul S. Gomez said “the court martial have put into consideration the length of service of convicts, the plea of mitigation by the defence counsels and the fact that the convicts are first time offenders.”

He reminded the convicts on their guilt on all counts charges under section 59 of the Gambia Arm Forces Act.

Sentencing

Witnessed by a fully packed court gallery, among them relatives of the convicts, Colonel Gomez read out the sentencing.

He referred to the 2^nd convict as 84 GNA 1302 Corporal Karamo Jatta whom he told “you are here by dismissed from the Gambia Arm Forces under section 126 of the Gambia Arm Forces Act.”

The gallery murmured, and Gomez continued: “84 GNA 12387 Sergeant Manlafi Jarju you are here by dismissed from the Gambia Arm Forces under section 126 of the Gambia Arm Forces Act.”

The dismissal is subject to the approval from the concerned authorities, he said.

Counsel Borry Touray, who is defended the Sergeant Jarju said his client have no intention of appealing against the sentencing. 

But counsel Edrisa M. Sisoho who represented Corporal Jatta said he would like to appeal against the sentencing.

 “Justice have been done so there is no reason of appealing,” Hadi Saleh Barkun, prosecuting, said.

Court Martial should bend rules: Prosecutor

Mafugi Ceesay

Director of Public Prosecution (DPP) SH Barkun has on January 31, 2013 asked the court martial at the Yundum Barrack to bend the rules and try Lieutenant Serign Jallow who is accused of hitting a junior (Suna Badjie).

DPP Barkun submission followed defence counsel Edrisa Sisoho argued that the Court Martial has no jurisdiction to entertain the matter since the alleged offence was committed four years ago.

Lieutenant Jallow, who is yet to take his plea, is said to have committed the offence during recruitment of intake 30 in 2009. His counsel argued that Section 124 of the Military Act states that allegations must be tried within three years from the time it was alleged to have been committed.

 But the DPP argued that the era to rely on the technicality of the case has passed and that the court should bend the rules to achieved justice.

“The rules are meant for the court, not that the courts are meant for rules,” he said. “This kind of instances cannot be kindly taking care of.”

“My learned friend is putting the cart before the horse,” he said. 

Justice Mikailu Abdullahi, presiding, interrupted by asking the DPP whether he needed time for court to stand down to allow him argue on the point of law, but the DPP decided to continue his argument.

The judge also asked Barkun whether he has read Section 124. in reply, Barkun concluded that the provision of section 124 is “procedure technicality”.

He argued that Suna Badjie was subjected to ill treatment and that the accused, Lieutenant Jallow fears been tried. He said it is now left to the authorities of court. 

But counsel Sissoho says he is surprised that the DPP is asking the court to bend the rules.

He also argued the court martial derived it powers from the Gambia Armed Forces Act, and hence, for the court to proceed with the trial would be an exercise in “futility”.

Sissoho had earlier on Tuesday argued that the panel should rescue themselves from the case since his client feels he would not get a fair hearing as far as the panelists are concerned.

Following a stand down for an hour, the President of the Court Martial Paul S. Gomez said that depending on the criticality of case the court would adjourned the matter until Tuesday, 5 February, 2013.