Nov 23, 2011, 12:42 PM
NIA DG, AG Get Dragged to Court
The battle for the release of Kanyiba Kanyi is showing no sign of abating before the Banjul High Court. The case resumed yesterday before Justice M.M. Yemoa with Kanyiba Kanyi as applicant and NIA Director General and Attorney General as respondents.
Justice Yemoa told the court that after reading the case file, she discovered that the Judge who previously presided over the case had made a ruling on the case by ordering the state to produce the bodies of the applicants, but that the order was never complied with by the respondents. She said the state denied holding Ousman Jatta only to release him afterwards from its custody.
Justice Yemoa further stated that the court could not do anything until the order of the court is complied with and ordered the state to file a reply to the affidavit filed by the applicant.
In his testimony Ousman Jatta told the court that he was held by the police and detained at various police stations across the country.
The applicant filed an affidavit sworn to by Ousman Jatta to substantiate his case. The affidavit reads:
"That on 23rd September 2006 between 3:30 pm and 4:00pm, five plainclothes security personnel, one of whom I recognise and know as Busso, arrested me and took me to Bakau Police Station where I was detained briefly before being taken to Gunjur Police Station.
"That I was detained at Gunjur Police Station from 23rd September 2006 to 3rd october 2006 when the said Busso, accompanied by four police officers, came to Gunjur Police Station and took me to Sibanor Police Station. I was detained in cells at Sibanor Police Station for three and a half weeks during which period I suffered serious backache.
"That I remained at Sibanor Police Station until 21st October 2006 when at about 10:00am of the 21st October 2006 Busso, accompanied by a number of plainclothes officers took me from Sibanor Police Station to Fatoto Police Station where I was detained for two months and during this period I was kept in cells for the best part of the day.
"That I was at Fatoto until 27th December 2006 when Sergeant Fye Ceesay of the Police Intervention Unit (PIU), accompanied by five armed security personnel, escorted me to Sare Ngai Police Station where I was detained under terrible conditions until 12th october 2007 when the duty officer at Sare Ngai infcormed me that he had got instructions from OC Sawaneh of Basse Police Station to release me unconditionally.
"That on the day of my arrest my car, an Audi 80 bearing registration number KM9371C, was impounded by police and the same is still in their custody."
At that juncture the case was adjourned to 23rd May.