Apr 29, 2013, 9:54 AM
defence counsel E. Sanneh, representing the 2nd accused, Momodou O.S. Badjie,
yesterday challenged the evidence-in-chief of detective Sergeant Alhajie K.
Manneh, in the economic crime case involving 10 GNPC officials before Justice
O. Ottaba at the Special Criminal Court in Banjul.
The accused persons are Sira Wally Ndow-Njai, Momodou O.S. Badjie, Fafa Sanyang, Cherno Marena, Seedy Kanyi, Muntaga Momodou Sallah, Momodou Taal, Louie Moses Mendy, Noah Touray and Madun Sanyang.
When the case was called, DPP S.H. Barkun appeared for the state alongside A. Yakubu.
The defendants were represented by senior counsel A.A.B. Gaye, S.M. Tambadou, O.M.M. Njie, E. Sanneh, A.N.D. Bensouda, R.Y. Mendy, Y. Senghore, E.E. Chime, C.E. Mene, S. Taal and S. Sillah.
Continuing his cross-examination, counsel E. Sanneh appearing for the 2nd accused, Momodou O.S. Badjie, asked the witness whether in his last testament he told the court that he is at the major crime unit for the past seven years.”
“You also told the court that you cautioned the 2nd defendant, and you are required to put your name on the statements?”
“The three cautionary statements you obtained from the 2nd defendants are they the same as exhibits K1, 2 and 3?”
“Can you show to the court where your name is written on exhibit K1?”
“I told you that my name only appeared on K5.”
“By that statement do you mean that your name did not appear on K1?”
“I said again that my name only appeared on K5.”
“Is it not the case that your name did not appear on exhibits K1, 2 and 3 because you did not record the statement of the 2nd defendant?”
“I recorded the cautionary statement.”
“I will take it that you are familiar with the investigations that led to the arrest of the 2nd defendant?”
“I am not part of the investigations; I only recorded the cautionary statements.”
“As you claim to caution the 2nd defendants, would it be right to say that you know the circumstances leading to the arrest of 2nd accused?”
“I cannot remember that, my task was only to record the statement.”
“If you cannot remember circumstances leading to the 2nd defendant’s arrest, how could you be certain that at the time you recorded the statements from him, you accorded him his rights?”
“The investigative team will be able to tell that soon after the arrest as I was only assigned to record statements.”
“Have you ever worked for the NIA?”
“I am the traditional police, original police officer.”
“At the time of the 2nd defendants arrests, were you at the NIA?”
“I was asked to meet them at the NIA.”
“So your evidence that you questioned the 2nd defendant at the Major Crime Unit was not true?”
“I said I recorded his statement at the NIA, not at the Major Crime Unit.”
“What is your rank in the police?”
“I am a detective Sergeant.”
“Do you want this court to believe that a detective sergeant could record the 2nd defendant’s statement in the offices of the NIA?”
“I recorded this statement at the NIA.”
“The reason why your name is not on the cautionary statements of the 2nd defendant is because they were recorded by the intelligence officers at the NIA?”
“The statements bear the logo of GPF, not NIA and were recorded by police officers.”
“From what you are saying, anyone that works for the police could record 2nd defendants statements?”
“All statements that bear police logo were recorded by me and others.”