Lawyer Omar
Njie, who was representing Ensa Saidy, a driver charged with stealing from a
motor vehicle, on 19 February 2014 continued his cross-examination of the first
prosecution witness, Yunus Komma, before Magistrate Bojang of the Kanifing
Magistrates’ Court.
“Because many vehicles parked around Kairaba Shopping Centre, the accused parked his car on the other side of the road,” Lawyer Njie put it to Komma.
“That is not true,” said Komma.
“After the accused parked his vehicle, he locked the doors in your presence and your friend, the white lady,” said Lawyer Njie.
“Yes,” Komma answered.
“Mr Komma, it is correct that you all went into the Kairaba Shopping Centre,” Lawyer Njie stated.
“It is not correct. The accused followed us up to the door of the Shopping Centre. He did not enter,” Komma said.
“I put it to you that the accused did not only enter, but he helped you with the shopping,” Lawyer Njie challenged.
“It is not true. He did not help us with the shopping. He met us at the counter,” Komma replied.
“It is correct that the accused helped with the carrying of the shopping,” Lawyer Njie stated.
“Yes, it is correct. He helped us from the cashier to the car,” said Komma.
‘How many shopping bags did the accused help the white lady to carry to the car?” asked Lawyer Njie.
“He carried two plastic bags with shopping items in them,” Komma said.
“Mr Komma, when the white lady was in the accused’s car, did she have a bag with her?” enquired Lawyer Njie.
“Yes,” answered Komma.
“Was she carrying one or more than one?” asked Lawyer Njie.
“She was carrying one bag,” Komma replied.
“Was it a lady’s bag?” Lawyer Njie asked.
“The bag is a universal bag. It could be used by both men and ladies,” said Komma.
“It is correct that this universal bag, the white lady had it from when she left the hotel,” Lawyer Njie stated.
“Yes,” replied Komma.
“You told us that you slept at Sukuta Nema. That morning when you entered the taxi, did you carry a bag?” Lawyer Njie questioned.
“I had a school bag that had only clothes,” said Komma.
“Was it one school bag you were carrying?” enquired Lawyer Njie.
“Yes,” answered Komma.
“When did you first see the bag the white lady was carrying?” asked Lawyer Njie.
“When she was coming with the bag to the vehicle,” stated Komma.
“Where was she boarding the vehicle?” asked Lawyer Njie.
“Inside the hotel, near the pool, going to the accused’s car,” Komma said.
“Where was the vehicle when she boarded it?” asked Lawyer Njie.
“In front of the hotel,” Komma said.
“Mr Komma, did you enter the white lady’s room that morning?” questioned Lawyer Njie.
“No,” Komma replied.
“Was the school bag you were carrying stolen?” asked Lawyer Njie.
“No,” said Komma.
“Mr Komma, it is correct that when you alighted from the car, you and the white lady carried all your belongings into the shopping centre,” Lawyer Njie put it to Komma.
“That is not correct,” replied Komma.
“Mr Komma, it is correct that the white lady paid for the shopping that was done at Kairaba Shopping Centre,” said Lawyer Njie.
“It is true,” answered Komma.
“And I am putting it to you that that money came from the bag she was carrying,” challenged Lawyer Njie.
“That is not true. It came from the wallet,” Komma replied.
“Are you telling the court that she had a wallet which contained money?” enquired Lawyer Njie.
“She had a small wallet with her that contained money,” Komma said.
“The wallet was not stolen,” Lawyer Njie stated.
“Yes,” Komma replied.
“This bag you said she was carrying contained items that belonged to her. Is it correct?” asked Lawyer Njie.
“Some of her personal belongings were there. Some belonged to the project,” said Komma.
“So you are telling the court that there were two bags in the vehicle and one was stolen and the other was not,” stated Lawyer Njie.
“Yes, the white lady’s bag was stolen,” answered Komma.
“On that particular day when you went to the Shopping Centre, were you carrying money?” asked Lawyer Njie.
“Yes, I had money in my pocket,” Komma told the court.
“How much money?” enquired Lawyer Njie.
“Over D2,000,” said Komma.
“And that is the money that belonged to you,” said Lawyer Njie.
“Yes,” Komma stated.
“And that money was not stolen,” Lawyer Njie said.
“Yes,” Komma answered.
“It is correct that you at no time found any item that belonged to the white lady or the project with the accused,” Lawyer Njie put it to Komma.
“Yes,” said Komma.
“Mr Komma, it is correct that it was the white lady who told the police the items that were in her bag,” said Lawyer Njie.
“Yes,” replied Komma.
“It is also correct that it was the white lady who told you about the items in her bag,” said Lawyer Njie.
“Yes,” stated Komma.
“The white lady has now returned to her country, Holland,” said Lawyer Njie.
“Yes,” Komma told the court.
At this juncture, Lawyer Omar Njie told the court he had no more questions for the witness.
Sergeant 335 Nying, the prosecuting officer, rose and told the court that the prosecution was closing its case.
The defence counsel, Omar Njie, rose and said he was going to make a no-case submission.
Magistrate Bojang then adjourned the case till 5 March 2014.
