Aug 8, 2012, 9:46 AM
Director of Public Prosecutions (DPP), S.H. Barkun, yesterday informed the
Special Criminal Court, presided over by Justice O. Ottaba, that the state has
added the name of Madun Sanyang to the charge sheet in the GNPC officials’
The accused persons were Sira Wally Ndow-Njai, Momodou O.S. Badjie, Fafa Sanyang, Cherno Marena, Seedy Kanyi, Muntaga Momodou Sallah, Momodou Taal, Louie Moses Mendy and Noah Touray.
When the case was called, DPP S.H. Barkun appeared alongside deputy DPP M.B. Abubacarr, for the state.
The defendants were represented by senior counsel A.A.B. Gaye, S.M. Tambadou, C. Gaye, E. Sanneh, B. Gomez, A.N.D. Bensouda, H.S Sabally, B.S. Touray, B. Conteh, Y. Senghore, B. Bouye, E. Chime, C.E. Mene, S. Taal, and S. Sillah.
DPP S.H. Barkun then informed the court that the matter was slated for hearing, and PW1 supposed to be cross-examined.
“We have, however, filed an amendment to the charge. The amended charge was filed this morning. The essence of the amendment is to include the name of Madun Sanyang. The counts are not affected and we have inserted his name on counts 1 and 3, but the other counts remained the same and are not affected,” he said.
He added: “The particulars of these counts are the same. The only amendment is the insertion of Madun Sanyang. The essence of the charge is to avoid filing a separate charge against him, because the trial has just started. The amended charge necessitated from further investigation.”
Senior counsel Gaye said he thought the DPP needed to look at the document filed and served on them.
He said the DPP referred to the document as an amended charge, when there was already an amended charge before the court.
He said the document should be called further amended to avoid confusion.
The DPP said there was nothing like that, and he could only refer to the date of the last amended information.
Counsel E.E. Chime said this was strange, because he has seen his client going through a document but he did not know that there was an amended charge.
Senior counsel Bensouda said they would like to associate themselves with the senior counsel’s submission.
She said they have noticed that the new accused person had been listed as a witness in the previous charge.
She said they have also noticed that the cautionary statement from the same Madun Sanyang had been exhibited.
She said she thought they should proceed with the witness, while they went through the document.
The DPP then said his name was not listed on their new list of witnesses.
He said nothing stopped the prosecution from bringing in new issues in the re-examination.
The trial judge said they would continue with the witness, and pretend that there was no amendment before the court whilst counsel examine the document.
Cross-examination then continued by counsel Y. Senghore, who asked the witness, Bakary Darboe, about the questionnaire that he said was presented to the 4th accused, and asked: ‘Were you the one who formulate it?’”
“Not by me personally, but the panel.”
“Do you remember any of the questions?”
“Is it correct that apart from exhibit C, the 4th accused wrote four other cautionary statements?”
“I don’t know the number.”
Under cross-examination by defence counsel Chime for the 6th accused, the witness was asked when he was a corporal in the police force, “Is it correct that you were attached to Kotu Police Station?”
“That is not correct.”
“You were once attached to Kotu Station?”
“That is correct?”
“When you were in Kotu Station, tell the court your rank”
“I was a 1st Class constable.”
“What is your rank presently?”
“When you were in Kotu Police Station, Mr Momodou Ceesay was your boss?”
“That is correct.”
Hearing continues today at 3pm.