The accused persons are Lamin Sonko, Modou Touray, Lansana Beyai, Lamin Marong, Alhajie Fatty, Nogoi Njie, Fatoumatta Jawara, Fatou Camara, Kafu Bayo, Ebrima Jabang and Modou Ngum.
They were charged with seven counts of unlawful assembly, riot, incitement of violence, riotously interfering with vehicles, holding a procession without a permit, disobeying an order to disperse from an unlawful procession and conspiracy.
The case was adjourned until 21 July 2016, for judgment, by the trial judge after the prosecution closed its case and the accused persons opted for silence.
State counsel A.M. Yusuf with A. Bah appeared for the state, while the accused were unrepresented.
After an hour’s stand-down to enable the state decide on whether to call another witness or close its case, state counsel A.M. Yusuf said: “Having gone through our materials, we are satisfied with what we laid before the court; so we are closing our case.”
The trial judge, Justice Abi, then said to the accused persons, in English, that the state had closed their case and it was up to them to open their defence.
He told them that if they had something to say and wanted to swear they could do so. He also told them that if they had nothing to say and wished to remain silent they could do so, because it was their right to do so.
Having said that to the accused persons, the trial judge then called each of them by their names accordingly, and asked if they wanted to enter their defence or call a witness to talk on their behalf, but all of the accused persons opted for silence.
The trial judge then ruled that the accused persons decided to remain silent, and that under the constitution of The Gambia an accused person has the right to remain silent if he or she wished to do so, and the court has no right to compel an accused person who does not wish to give evidence in court to do so.
He, therefore, closed the defence of the accused persons.
State counsel A.M. Yusuf said they were seeking the discretion of the court to file a written address, and that he wished to deem it adopted upon filing.
The trial judge then asked state counsel Yusuf to give copies of the address to each of the accused persons, so that if they wished to reply they might do so.
However, A.M. Yusuf said that since the accused persons opted for silence there was no need for them to reply to an address.
He said it was only legal practitioners representing the accused persons that would file or address the court on their behalf. He did not quote any law to support his argument.
The trial judge then gave A.M. Yusuf until 7 July 2016 to file his address, which was deemed adopted upon filing.
The case was then adjourned for judgment.
Meanwhile, the 1st accused, Lamin Sonko, addressed the court on issues affecting them while being detained.
He said the trial judge, Justice Abi, ordered for them (the accused persons) to be remanded at Mile 2 Central Prisons, but instead they “are being remanded at the Jangjanbureh prison” and two of the accused persons “are seriously ill” and they “do not have access to their doctors”.
He said Lamin Marong, the 4th accused person, has an eye problem and was supposed to go for an operation, but he could not see his doctor because they “are still remanded at Jangjanbureh”.
Delivering his ruling on that, Justice Abi said it was his view that the prison officers that run Mile 2 Central Prisons and Jangjanbureh prisons “are one and the same,” and where they chose to keep the accused persons was at their discretion considering the location of the case and the logistics involved.
He said on the issue of ill-health, with regard to the accused persons, the court could not make an order on that, because he believed the prisons medical team could handle that and if inmates are sick they should consult the prison medical team, and if the medical team wishes to refer them to any hospital they may do so.
Testifying earlier, the seventh prosecution witness, Sub-inspector Bakary Drammeh, a police officer, said he recorded the statement of Alagie Fatty and Kafu Bayo at the Mile 2 State Central Prisons.
He said he cautioned them and obtained both cautionary and voluntary statements from them. Both thumb-printed the statements and he signed them.
The statements were shown to him in court and he identified them and the state applied to tender them.
When the accused persons were asked if they had any objection they decided to remain silent. They was tendered in court and marked in evidence as exhibits.
The accused persons were all asked if they had any questions for the witness, but they remained silent.
The eighth prosecution witness, Foday Kombo Sillah, attached to the Gender and Child Protection Unit at the police headquarters in Banjul, said he recorded the statements of Lamin Sonko and Fatou Jawara at the NIA.
He took the court through the same process of obtaining the statements. The statements were shown to him in court and he identified them and the state applied to tender them.
When the accused persons were asked if they had any objection they decided to remain silent. They were tendered in court and marked in evidence as exhibits.
The accused persons were all asked if they had any questions for the witness, but they remained silent.
The state counsel A.M. Yusuf then applied for a stand-down to enable them decide whether to call a witness or close their case.
The matter was then stood down for an hour.
The case was witnessed by the UDP deputy party leader with some supporters of the UDP and family members, who came all the way from Banjul and other places to witness the case and also brought along food, clothes as well as money for the upkeep of the accused persons.
The accused persons were escorted from Jangjanbureh prison in a truck by the security.
