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Defence cross-examines prosecution witness in driver’s trial

Jan 31, 2014, 10:01 AM | Article By: Dawda Faye

Lawyer Omar Njie, defence counsel in the case involving one Ensa Saidy, a driver who was charged with stealing from a motor vehicle, on 29 January 2014, cross-examined the prosecution witness, Yunus Komma, before Magistrate Bojang of the Kanifing Magistrates’ Court.

“Mr Komma, this accused owns the vehicle,” said the defence counsel.

“All I know is that he was driving the vehicle. I don’t know that he is the owner,” said Mr Komma.

“You are telling the court that you don’t know the owner of the vehicle,” the defence counsel stated.

“Yes,” answered Komma.

“Mr Komma, on the day in question, you were with a white lady,” posited the defence counsel.

“Yes,” Komma told the court.

“This white lady wanted to travel to Mccarty area,” the defence counsel said.

“Yes, it is true,” answered Komma.

“And it is correct, Mr Komma, that she negotiated with the accused for a price of D20,000,” the defence counsel posited.

“Yes,” Komma told the court.

“And Mr Komma, it is correct that the accused the following day went to collect you at Baobab Hotel,” said the defence counsel.

“It is true,” Komma told the court.

“At what time did the accused go to the hotel to pick you?” asked the defence counsel.

“Around 10a.m,” answered Komma.

“Were you supposed to travel with the lady to McCarty as well?” the defence counsel questioned.

“Yes,” stated Komma.

“It is correct that you spent the previous night at the hotel?” enquired the defence counsel.

“It is not correct,” Komma replied.

“Where did you spend the night?” asked the defence counsel.

“I spent the night at Sukuta Nema,” Komma told the court.

“It is correct that it was only you, the white lady and the accused who were in the vehicle at all material time,” said the defence counsel.

“Yes,” Komma stated.

“It is correct that this white lady is your friend,” the defence counsel said.

“Yes, she is a friend,” Komma replied.

“She is your girlfriend,” the defence counsel put it to Komma.

“No, she is not my girlfriend. She is just an ordinary friend and a project partner,” Komma told the court.

“Are you married?” asked the defence counsel.

“I am not married,” said Komma.

“Now, this lady, is she from Holland?” enquired the defence counsel.

“Yes,” answered Komma.

“And it is correct that the white lady has now gone back to Holland,” the defence counsel said.

“Yes,” Komma told the court.

“Mr Komma, it is correct that after the accused picked you at the Baobab Hotel, you went with the white lady and stopped around the Palma Rima area?” asked the defence counsel.

“Yes, it is true,” Komma replied.

“And when you stopped at Palma Rima, you and the white lady alighted from the accused’s vehicle and went to another taxi,” stated the defence counsel.

“We went to another taxi but did not enter,” said Komma.

“It is correct that one of you entered the taxi,” the defence counsel posited.

“Yes,” Komma answered.

“Who among the two of you entered the other taxi?” asked the defence counsel.

“It is me,” said Komma.

“It is correct that you told the accused that you entered the other taxi in order to change foreign currency,” posited the defence counsel.

“I told him that we were going to the other taxi to collect our money,” replied Komma.

“From whom were you going to collect the money?” the defence counsel enquired.

“From one Mr Barry of Serrekunda,” said Komma.

“That Mr Barry was sitting in the car but was not the taxi driver,” the defence counsel stated.

“Yes,” answered Komma.

“It is correct that Mr Barry is a foreign currency changer,” posited the defence counsel.

“Yes,” Komma told the court.

“And you are saying that Mr Barry had changed foreign currency for the white lady, and that was the money you went to collect,” said the defence counsel.

“Yes,” Komma answered.

“Now, Mr Komma, it is correct that you with the white lady boarded the accused’s vehicle and went to Kairaba Shopping Centre,” said the defence counsel.

“Yes,” Komma answered.

At this juncture, the case was adjourned till 5 February 2014.