The
Banjul High Court presided over by Justice E.O. Dada yesterday sentenced the
leader of the United Democratic Party (UDP) Lawyer Ousainou Darboe and 18
others, to three (3) years in prison without hard labour.
The
judge also struck out the name of the 6th accused, Yaya Bah.
The
accused persons were convicted on counts 1, 2, 4, 5, 6 and 7 while count 3,
which is incitement of violence, was not proved by the prosecution.
All
the accused persons were convicted accordingly: count one, 1-year imprisonment,
county two, 6 months, count four, 6 months, count five, 3 years, count 6, 3
years, and count seven, 6 months.
The
sentences are to run concurrently.
The
other accused persons are 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.
They
were indicted on seven counts of unlawful assembly, riot, and incitement of
violence, riotously interfering with vehicles, holding a procession without a
permit, and disobeying an order to disperse from an unlawful procession, and
conspiracy.
The
court was crowded by the UDP supporters, who came from across the country to
witness the judgment of their party leader and his members.
The
leader of the PDOIS party, Halifa Sallah and GDC leader Mama Kandeh were also
in attendance, as well as members of the Gambia Bar and students of the law
school, amidst a heavy security.
Delivering
her judgment, the trial judge said the accused were charged with seven counts
and they pleaded not guilty.
She
said the prosecution opened their case and called 11 witnesses, adding that the
accused persons failed to open their defence or file a written address.
She
said the court turned down the bail applications of the accused persons on the
grounds that the charges show they posed a security threat to the nation.
She
also said there were several applications brought by the defence for the court
to a stay its proceedings, which were also turned down.
The
prosecution was then called upon to open their case, she added.
The
judge also stated that the defence team led by senior counsel Gaye also walked
out of the case, on the grounds that there was a “persistent denial” of the
accused persons’ rights.
At
the closure of the prosecution’s case, the accused persons were called upon to
enter their defence, but they failed to do so.
They
also failed to file an address, and the prosecution’s address was adopted and
the matter set for judgment.
Justice
Dada said that, in his address, the DPP said the state had proven its case
against the accused persons beyond all reasonable doubt, and that the accused
persons’ failure to participate in the trial showed that they tended to rest
their case on the prosecution.
The
DPP then urged the court to convict the accused persons, she said, adding that
it was her view that the accused persons’ refusal to participate in the case
meant they tended to rest their case on the prosecution.
She
added that the evidence before the court was that the accused persons
demonstrated without a permit, and that caused panic in the neighbourhood.
The
prosecution had proven the burden of their case beyond reasonable doubt on
counts 1, 2, 4, 5, 6 and 7, but failed to prove count 3, which was therefore
struck out.
She
said that while Yaya Bah could be believed that he had “nothing to do with the
matter”, Fanta Darboe, who said she paid a visit to her uncle, was not
persuasive upon deciding to remain silent.
The
judge, therefore, struck out Yaya Bah’s name from the charge sheet.
She
said the accused persons have been mute throughout the trial, and that they
would not be allowed to do a plea of mitigation, as the 1st accused might
misuse it to the detriment of the court.
The
1st accused had said the Nigerian Judges were infringing upon the rights of
Gambians, but that she wanted “to assure the good people of The Gambia that the
Nigerian Judges are here to uphold the laws of The Gambia”.
She,
therefore, sentenced them accordingly.
After
her verdict, Darboe and the rest of the accused persons got up and started
singing the National Anthem, while the supporters and family members started
weeping, as they said good-bye to their loved ones.
