The trial of the former Inspector General of Police, Ensa Badjie and two other military officers namely, Lt. Colonel Mam Matarr Secka and Major Kuluteh Manneh, yesterday resumed at the High Court in
The former IGP and his co-accused are facing a 51-count charge, ranging from conspiracy to commit felony, obtaining money by false pretence, economic crime, obtaining goods by false pretence, to official corruption, sedition, and abuse of office, among others.
Below is the Cross Examination of Sillaba Samateh by Defence Counsel B.S. Touray in Question and Answer format:
BS Touray: Is it correct that you met the 1st accused three times in his office?
Witness: That is not true. We met more than three times.
BS Touray: Who introduced you to the 1st accused?
Witness: One Kawsu Kassama.
BS Touray: Where did he introduce you to the 1st accused?
Witness: At Mr. Badjie's home.
BS Touray: When was it?
Witness: It was in year 2009.
BS Touray: I am putting it to you that the first time Kawsu Kassama introduced you to the 1st accused was at his office?
Witness: That is not correct. It was at his home.
BS Touray: Is it correct that you and your wife from
Witness: That is not correct.
BS Touray: Further to that, you met the 1st accused with your Gambian wife?
Witness: I can't remember.
BS Touray: When you met the first accused with Kawsu in the 1st accused's office, you informed him that you were building three storey buildings at Brusubi area.
Witness: That is not correct.
BS Touray: So, you want to say that you told the 1st accused that you were building three storey buildings?
Witness: When he came to meet me, we went to the construction site.
BS Touray: It is correct, that was the day you told the 1st accused that you will assist him in building his house?
Witness: That is not correct.
BS Touray: Did you loan him cement blocks?
Witness: I did not loan him cement blocks. Instead he (1st accused) took them from me by force, knowing that I was having cement blocks.
BS Touray: Has the 1st accused forcefully taken those cement blocks from you?
Witness: Yes, I will say it was himself, because the Police Intervention Unit (PIU) truck came to collect the blocks.
BS Touray: I am putting it to you that you are lying in the court, and that the 1st accused had never used force to collect those cement blocks from you?
Witness: What I am saying is the truth.
BS Touray: I am putting it to you that even your Gambian wife confirmed that you loaned the cement blocks to the 1st accused.
Witness: I did not know whether my wife gave that statement.
BS Touray: I am putting it to you that you are still telling lies, and that your wife told the panel of investigators that you loaned the 1st accused in your presence?
Witness: That is not true. My wife did not make any statement in my presence.
BS Touray: Can you remember when your
Witness: I don't remember my wife meeting the 1st accused.
BS Touray: I am putting it to you that your wife, yourself and Kawsu Kassama met the 1st accused in his office.
BS Touray: You said you were arrested and taken to Banjul Police Station on Ensa Badjie's orders?
Witness: It was Kotu police, not Banjul Police Station.
BS Touray: Are you saying that you were never arrested in any part of
Witness: I am not saying that.
BS Touray: If you are not saying that, then they arrested you on Ensa Badjie's orders?
Witness: I can't remember.
BS Touray: You said in your evidence that Ensa Badjie slapped you, and ordered for your arrest at his office?
Witness: That is true, but this case started at Kotu Police Station.
BS Touray: Do you know the arresting officers that effected your arrest in
Witness: I don't know their names.
BS Touray: Can you remember the unit of the police where you were detained?
Witness: I cannot remember, my lord.
BS Touray: Can you remember the month of your arrest?
Witness: I can't remember, my lord. From his (1st accused) office I was taken downstairs, and I was seated there for three hours?
BS Touray: I guess that is Banjul Police Station Mr. Samateh?
Witness: That is right. I think it's that police station.
BS Touray: When you came downstairs, you were received by officers on duty at the police station?
Witness: It was police officers who took me down, and asked me to sit there.
BS Touray: During your detention, did anybody speak to you?
Witness: No, my lord, apart from one man I saw, called Mr. Jatta.
BS Touray: Mr. Samateh with all due respect, you are lying?
Witness: What I am saying is true?
BS Touray: Who is your lawyer in The Gambia?
Witness: AA Gaye and LS Camara.
BS Touray: Have you instructed your counsel to write to the Inspector General of Police about the alleged abuse of office?
Witness: A person who threatened to kill if you voice it out anywhere?
BS Touray: Do you know the Chief of Protocol, Office of the President.
Witness: Yes.
BS Touray: It is true that he is your close relative?
Witness: Yes.
BS Touray: If it is true that Ensa did that, therefore why not you report him to that relative to tell the President?
Witness: What Ensa does you cannot even disclose it to your wife, moreover an outsider.
BS Touray: Do you know that your lawyer AA Gaye has a good rapport with the Gambia Police?
Witness: I don't know anything about that.
BS Touray: Mr. Samateh you are not speaking the truth, because he has helped you in all your troubles with the police?
Witness: That has never happened.
BS Touray: You are not speaking the truth, because when you had problems with Salim, AA Gaye negotiated that.
Witness: That is not true. Mr. Gaye did not negotiate. Instead, I went with Salim to Mr. Gaye to make an agreement about the money which was taken by Ensa Badjie.
BS Touray: Mr. Salim's money was one of the counts in this very trial?
Witness: That is correct.
BS Touray: Why don't you talk to Lawyer AA Gaye for the 1st accused to leave you alone?
Witness: I did not tell Mr. Gaye because of the fear of the 1st accused, as he'd threatened to kill me whenever I disclose it.
BS Touray: You are aware that the first accused has a Minister of Interior who is his boss?
Witness: I know nothing about that.
BS Touray: The very Minister of Interior is your close friend?
Witness: That is not true. I don't know him.
BS Touray: But you know that the Minister of Interior knows that officers under him should not abuse their office?
Witness: Yes, I should have gone to the Minister and complain to him, but because of the fear.
BS Touray: You are aware that there is a President who is responsible for law and order in the country?
Witness: The President did not know what he (1st accused) was doing?
BS Touray: You know that the President is not afraid of Ensa Badjie?
Witness: I am not saying that the President is afraid of Ensa Badjie.
BS Touray: You are aware that there are media houses in this country?
Witness: What I could not disclose to my wife, I cannot disclose to any other person.
BS Touray: Did you tell the press about it?
Witness: What I cannot say to my wife, I cannot say it to anybody.
BS Touray: You said the 1st accused slapped you in his office?
Witness: Yes.
BS Touray: I am putting it to you that you are lying; and also that you were detained for three hours?
Witness: I am saying the truth.
BS Touray: What is Harriet's surname?
Witness: I cannot remember.
BS Touray: Which part of The Gambia did Harriet come from?
Witness: I knew Harriet in the
BS Touray: I am putting it to you that no Gambian in the whole of
Witness: I am saying the truth.
BS Touray: I am putting it to you that you are the person who is always seeking and running in
Witness: I have three compounds in
BS Touray: Your three compounds in
Witness: If I'd acquire those compounds in
BS Touray: I am putting it to you that you are a drug baron?
Witness:
BS Touray: You work very hard to steal and cheat people of their monies?
Witness: That is not true.
BS Touray: Do you have any authority in writing to collect her alleged D1.5 million?
Witness: I had that authority from Ensa Badjie?
BS Touray: Did Harriet tell you that there was any transaction with the 1st accused, which warrants you to collect the said D1.5 million from 1st accused?
Witness: Harriet told me that some people are owing her some money, totalling D1.8 million out of which 1st accused had D1.5 million.
BS Touray: Why don't you take Ensa Badjie to court because you had the authority to collect this money?
Witness: When I arrived at his office with the letter, he started slapping and abusing my mother, and threatened me.
BS Touray: I am putting it to you that Harriet's D1.5 million is all a figment and lies?
Witness: That is not true.
BS Touray: You know one Edrissu Masade?
Witness: Yes, I know him.
BS Touray: How did you get to know him?
Witness: I knew Edrissu Masade through the sale of a compound, after which Ensa Badjie introduced him to me.
BS Touray: Where did you first meet him?
Witness: My work place.
BS Touray: Where was it?
Witness: At Tranquil.
BS Touray: I put it to you that you first met Edrissu Masade in
Witness: That's not true.
BS Touray: The 2nd accused; where did you first meet him?
Witness: We first met in my house.
BS Touray: Who introduced him to you?
Witness: The first time we met was when my neighbour (then a military officer) and my wife had a problem. It was after the problem, when Ensa Badjie introduced him to me.
BS Touray: As at the time you allegedly met Edrissu about a compound, the 1st accused was not part of it?
Witness: No, Ensa Badjie was not a party to that land transaction.
BS Touray: You told this court that you knew Edrissu through Ensa Badjie?
Witness: I said in my evidence-in-chief that Edrissu took me to the piece of land for sale, but before that it was Ensa Badjie who actually introduced him to me.
BS Touray: The land transaction you had with Edrissu; when was it?
Witness: I can't remember.
BS Touray: But you can remember cheating Edrissu of his money?
Witness: It was Ensa Badjie who cheated Edrissu of his money.
BS Touray: Edrissu in his statement said he gave his money to you?
Witness: The money that Edrissu gave to me was the same money I gave to Ensa Badjie, and Edrissu himself was aware of it.
BS Touray: Are you aware that your conversation with Edrissu was recorded in a mobile phone?
Witness: When they were recording I was not aware.
BS Touray: In actual fact, you later came to know that you were recorded?
Witness: Yes, after I was taken to Kotu police station by the 1st accused ( Ensa Badjie), where I listened to the recording.
BS Touray: Which version did you listen to, the one in the CD or the one in the mobile phone?
Witness: I listened to the one in the CD.
BS Touray: Who played it for you?
Witness: It was played in a group, in which I was part of.
BS Touray: Who played to the group?
Witness: I can't remember.
BS Touray: Was the police who played it to all of you present?
Witness: I did not know whether it was the police who played it.
BS Touray: Who recorded this conversation?
Witness: I don't know who recorded it.
BS Touray: Who were the people you were talking to in this cassette?
Witness: When the cassette was played at the Kotu police station, I remember the voice of my son and Edrissu.
BS Touray: Is it also correct that you were also recorded?
Witness: Yes.
BS Touray: It is also correct that this cassette was played at the NIA during the investigations?
Witness: At the NIA a CD cassette was played to me, as well as at the Kotu police station.
Defence Counsel Borry S. Touray at that juncture applied for the said CD to be provided, and brought to the court to be played. He submitted that the said cassette should be played in court for the hearing.
DPP R N Chenge in reply said: "We don't have the cassette in our custody, and we don't also know about the cassette. And if we have the cassette we will provide it to the defence."
BS Touray again rose and told the trial judge, Justice Amadi, that: "it's not fair that the Honourable DPP said that they don't know anything about the cassette. The cassette is very important to the defence."
Lawyer Touray further submitted that the witness has in fact intimated to the court that he was recorded and being played before him at both Kotu and the NIA headquarters. BS Touray again submitting further that he is more interested in the CD, which the witness said was played to him.
DPP Chenge also rose and repeated, "My lord, we don't know who is having this cassette."
At that juncture the presiding judge, Justice E Amadi, adjourned the case until Monday 7 June 2010.
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