Defence
counsel in the criminal trial involving 10 GNPC officials accused of economic
crimes, Tuesday challenged the circumstances leading to the dropping of charges
against Edi Mass Jobe, before Justice O. Ottaba of 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 matter was called, DPP S.H Barkun and deputy DPP M.B. Abubacarr appeared
for the state, whilst the defendants were represented by senior counsel A.A.B.
Gaye, S.M. Tambadou, O.M.M. Njie, C. Gaye, E. Sanneh, A.N.D. Bensouda, A.
Sisay-Sabally, Y. Senghore, B. Bouye, E.E. Chime, C.E. Mene, S. Taal and S.
Sillah.
PW1,
Bakary Darboe, who was recalled for examination-in-chief when the state amended
the charge by including a new name to the bill of indictment, was called upon
by the court for further cross-examination by defence counsel.
Crossing-examining
the witness on behalf of the 1st accused person, lawyer S.M.Tambadou asked: “At
the onset of the investigation, how many people were charged or arrested?”
“I
can’t remember.”
“Are
they all in the dock?”
“I
wouldn’t know that because I can’t remember how many people were arrested.”
“During
the course of your investigation, did you come across a person called Edrissa
Jobe?”
“Yes.”
“Was
he also arrested and charged along with all these accused persons?”
“I
know he was arrested, but I can’t say whether he was charged.”
“Was
Mr Jobe also given a questionnaire?”
“Yes.”
“Did
he provide answers to those questions?”
‘Yes.”
“Those
answers that he gave, were they in addition to the cautionary statements he
made?”
“Yes.”
“Can
you produce the written answers of Edrissa Jobe together with other cautionary
statements he made to the police during investigation?”
“I
cannot produce it.”
“Why
can’t you produce it?
“Because,
I am not in custody of these documents.”
“Can
you tell this court who has custody of the documents?”
“Those
documents are part of documents sent to the AG’s Chambers.”
“We
humbly apply to your lordship to direct the state to provide us copies of the
cautionary statement, and witness statement of Edrissa Jobe,” S.M. Tambadou
said.
The
DPP then said he would provide the defence with the copies, while they proceed
with the case.
Counsel
E. Sanneh representing the 3rd, 5th, 8th, 9th and 10th defendantsduring
cross-examination asked the witness: “The 10th accused person’s statement was
taken on 19 October, is that correct?”
“That
is correct.”
“Is
it also correct that the 10th accused person cautionary statement was taken
long after the case has begun?”
“I
don’t know.”
“In
the bill of indictment, the investigative panel must have a change of mind, is
that correct?”
“That
is not correct.”
“Tell
the court why the 10th defendant was so lately included in the bill of
indictment?”
“How
long have you been in the investigation?”
“9years.”
“If
you cannot remember exactly when you start taking part in this investigation,
how can this court believe that you have carried out a thorough investigation?”
“All
that I can say is that I can’t remember.”
“Do
you remember when these statements were taken?”
“No.”
“Mr
Jobe was invited to the police for a reason?”
“Yes.”
“What
crime was he accused of?
“I
can’t remember.”
“Was
this not the same crimes my clients were charge with?”
“Yes.”
“Why
was the case against Mr Jobe dropped?”
“I
don’t know.”
“How
could you possibly claim that you carried out a thorough investigation, when
you cannot remember why the case against Mr Jobe was dropped?”
“As
far as I am concerned, we carried out a thorough investigation.”
Counsel
E. Sanneh continued:“Because, his alleged involvement in the case was
discovered lately? In the beginning of the case, the 10th accused was used as a
witness and was provided in the witness statement?”
“It
is true that he was provided in the witness statement,” responded the
prosecution witness.
“I
put it to you that the 10th defendant was merely a scapegoat.”
“No,
Sir.”
The
case continues today at 3pm.
