I Will Not Participate in Any Trial-Ousainou Darboe

 

“I will not participate in any trial, Ousainou Darboe, secretary general and party leader of the opposition United Democratic Party has told the High Court presided over by Justice E.O Dada on 16 June, 2016.

Ousainou Darboe, Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Mamudou Manneh, Nfamara Kuyateh, Fanta Darboe, Lamin Njie, Jukuna Suso, Momodou L.K. Sanneh, Yaya Jammeh and Masanneh Lalo Jawla pleaded not guilty to  seven counts of unlawful assembly, riot, incitement of violence, riotously interfering with vehicles, holding a procession without a permit, and disobeying an order to disperse from an unlawful and conspiracy.

Darboe told the court when he was asked by the court clerk as to whether has any question for the third prosecution. He replied: “I have made my position clear, I am not participating in any proceeding to legitimized his pretrial conviction” 

The other 19 accused persons were called and asked one after the other by the court clerk as to whether anyone of them had question to ask the second prosecution witness Chief Inspector Ebrima Camara who was called for the accused persons to cross examined him on the evidence he gave against them on the earlier sittings.

  The accused persons still maintain their earlier silence amongst them, some of them will only smiled, rose up and sit down neither answer nor they will utter any statement to court.

On June 16, 2016, when the case was mention the second prosecution witness was remained by the court that that he is on oath.

 DPP Barkun informed the court that the matter was for continuation, subject to court convenience the prosecution is ready to proceed with the matter, saying he is done with the second prosecution witness but that it’s for the accused persons to cross examined PW2.

At this juncture, Justice Dada told the court that she has recorded silence for the rest of the accused persons whiles recorded on behalf of Ousainou Darboe as will not participate in the trial.

DPP Barkun told the court that in the views of that, he will apply for prosecution witness two  to be discharge.

Justice Dada granted the application of the DPP and allowed PW2 to be discharge.

PW3 Sworn in

ALagie K Manneh, Detective Sergeant 5241, told the court that he is he is Police Officer attached to Major Crime Unit and residing in Banjul.

Detective Sergeant Manneh recalled that  on April, 16, 2016   this particular day while he when on his work, he was informed by his commander to joined the team of investigators at the Headquarters of the Police Intervention Unit  (PIU) in Kanifing for statement recording.

He explained that upon arrival at the PIU office in Kanifing the accused persons were shown out to him and he accordingly recorded their statements.

Asked by DPP Barkun that who were the accused persons that he recorded their statements.

 He said he recorded cautionary and voluntary statements from accused person 9,13and 16 which are Ismaila Ceesay, Fanta Darboe, and Mamudou Manneh.

He said recorded the cautionary and voluntary statements from the accused persons through asking them questions and reading out the cautionary wording to them when he finished recording their statements.

 “Prior to taken statement from the accused persons I  notified them that whatever they said will be what is going to be recorded in the languages they best understood,  whilst taken their statements the  accused persons  spoke in the languages they best understood,” he told the court.

According to him, Ismaila Ceesay and Mamudou Manneh spoke in Mandinka language while Fanta Darboe Spoke in English language.

He said after wrote their statements he read it out to each one of them in their various languages which they accused persons confirm that it is what they have said, and they were then invited to put their signatures on their statements.

Asked by DPP how did the accused persons sign.  He said:  “They thumb printed it and I endorsed it. Asked again if he came across these statements will he be able to identify them.

He replied in positive.  Asked again how he would do that.  He said his writing are on the some potions on the page.

At this juncture he was handed, the statement for identification, after perusing over it he said they are the very statement he recorded.

Barkun applied for the statements to be tendered in court as exhibits.   Justice Dada granted the application and   marked the cautionary and voluntary statements of Ismaila Ceesay, Mamudou Manneh and Fanta Darboe as exhibits.

The accused person were called one after the other in their names and asked if they have any question to cross examined PW3.

Ousainou Darboe rose up and said his position still remains that he will not take part in his pretrial conviction and that the court should asked if they any question to asked, but the remaining 19 accused person remain in their seat and said nothing.

Justice Dada said they have no question for the prosecution witness.

Barkun applied for the witness to be discharge in the view of the fact that the accused persons have no questions for him. Justice Dada granted DPP’s application and discharged the witness. Barkun informed the court that he has another witness.

PW4 Sworn in

Domingo Memba, Assistant Superintendent of police said he is residing in Churchill’s town and attached to the major crime unit as the Station officer.

He said he was on April 16, 2016 informed by his commander that Lawyer Ousainou Darboe and Co via Darboe’s residence in Pipeline to held a press conference. DPP interrupted and asked him to say were they were asked to go into the matter.

ASP Memba said they were asked to go into the matter when Darboe and Co were arrested, saying that he interacted with Samba Kinteh and took cautionary and voluntary statements from him, which he started by taken personal details from.         

Justice Dada granted and mark the cautionary and voluntary statement dated 16 and 19 as exhibits.

He said they were able to uncover the seal and stones that were broken as a result of stoning from the accused persons. Asked why did he has to recovered those stone, he said they are could be used as evidence.

Perhaps even before he was asked to take a look at the seal and stones he has already confirm them. He confirmed that they are the very one. 

 PW5 Sworn in

  Lamin Cham, a police officer, with a rank of Constable and attached to Major Crime Unit.

DPP asked if he knows Femi Peters and Lamin Njie.  He responded that said he knows them though in an interview interaction in the April 16 incident when he was order by his commander to joined a team of investigators at the Kanifing PIU Headquarters in Kanifing which he departs from Banjul police headquarters.

He also said similar things to the other prosecution witness.

Case continues on June 20, 201

author: Mafugi Ceesay