Francis Mendy, the first prosecution witness in the case involving one Reginald Thompson, a British national, charged with common nuisance and destroying evidence, testified on 14 May 2014, before Magistrate Tabally of the Kanifing Magistrates’ Court.
Mr Mendy said he is a sergeant and he recognised the accused.
Further testifying, he told the court that on 21 March 2014, while he was on duty at the Senegambia Tourism Security Unit, two white ladies came to their office at about 9:45 p.m. who said they were tourists at Palma Rima Hotel.
He adduced that they lodged a complaint against the accused who was said to be an ex-police officer.
He stated that they told him they found the accused watching pornographic films at a very high volume on a laptop.
He testified that he left their office together with an intelligence officer, adding that upon arrival at the reception, he was told that the accused was in Room 103 and they went to the said room.
He posited that on arrival at the room, the room attendant opened the door after they knocked at it, adding that he found the room attendant and the accused in the room.
He adduced that he greeted them and spoke to the accused, adding that he asked the accused if he is Redonald Thompson and he answered in the positive.
He said he told him that some people lodged a complaint against him that he was watching pornographic films on his laptop.
He stated that he asked the accused to follow him to their office for further investigation, adding that he found to his right a broken laptop in a dustbin.
Mr Mendy narrated that he also asked the room attendant to carry the broken laptop to a vehicle and later went to their office where he wanted to obtain the statement of the accused but he refused.
He said he referred them to Kotu Police Station for further investigation.
At this juncture, Moses Richards, who was representing the accused, cross-examined the witness.
“Mr Mendy, is it true that the accused denied that he was watching pornography?” asked Richards.
“He said he was watching pornography which he said is not an offence,” the witness said.
“Did you investigate the matter or not?” Richards enquired.
“Yes,” Mendy said.
“I am putting it to you that you did not conduct any investigation,” Richards challenged.
“I did,” Mendy replied.
“The white ladies never told you that the accused was watching pornographic films,” Richards put it to Mendy.
“They did,” said Mendy.
“The students never told you that the accused was watching pornographic films,” said Richards.
“They did,” Mendy replied.
“I am putting it to you that the accused denied watching pornographic films,” Richards stated.
“I don’t know,” said Mendy.
“What type of laptop was it?” asked Richards.
“The colour is black but I don’t know the brand,” Mendy posited.
“What is the colour of the keyboard?” asked Richards.
“I don’t know,” said Mendy.
“That means you never investigated into the matter,” Richards stated.
“I did,” Mendy replied.
“The accused told you he does not own the laptop but it belongs to somebody else,” said Richards.
“He did not,” Mendy answered.
“The accused did not refuse to make a statement but insisted that his lawyer must be present,” Richards stated.
“He did not say that,” Mendy stated.
“Did you tell him that he has a right for his lawyer to be present?” asked Richards.
“No,” answered Mendy.
“I am putting it to you that no complaint was made against the accused whom you said is called Redonald Thompson,” challenged Richards.
“He is the accused in court,” said Mendy.
“You know nothing about the case,” Richards put it to Mendy.
“I know something about the case,” said Mendy.
At this juncture, the case was adjourned till 20 May 2014.
