Oct 12, 2011, 2:17 PM
The criminal trial for abuse of office involving Omar Faye, the alkalo of Busura village, proceeded on Monday at the Brikama Magistrates’ Court before Magistrate Babucarr Secka.
Continuing his testimony, Alhagie Dembo Jarju, the fourth prosecution witness, said after receiving the apology letter from the accused to the people of Marakisa, he also received another letter from the people of Marakisa, which stated that the accused had encroached on their land.
The police prosecutor, Sgt. Sarr, applied to tender the said document as an exhibit, but this was objected to by defence counsel, Buba Jawo, on the grounds that no proper foundation was laid.
He added that the document was coming from custody, and the witness did not disclosed to the court who gave him the said document and, therefore, is not relevant to the case.
In response, the prosecutor said, at the last hearing, the witness had mentioned the said document, and that was why the case was adjourned, for the witness to bring the document to court.
He added that, since the witness did mention the document in his evidence in court.
He went on to state that, going through the document, you will find that the document was served to the witness; and, therefore, the document is relevant to the case, argued the prosecution.
However, the defence’s objection was overruled, and the document was subsequently admitted and tendered in court as an exhibit.
Under cross-examination, the witness further told the court that during the meeting in the accused person’s compound, all the four villages agreed that the said land belonged to the Jarju Kunda family of Marakisa.
The witness further testified that he could not tell the court how many families in Marakisa had plots of land in Marakisa village.
Counsel then put it to him that he would not know, because a lot of families have land in Marakisa village.
He said, when he went to the said land, he only saw that of Jarju Kunda, Colley Kunda and Jatta Kunda.
Counsel Jawo further put it to him that nowhere in that purported apology letter was Jarju Kunda mentioned, and the witness responded in the negative.
At that junction the case was adjourned to 24 January 2011.