I have never spoken to Kukoi - Bo Badjie tells court

Major Lamin Bo Badjie the former Director General of the National Intelligence Agency (NIA) has said the allegation that he spoke to Kukoi Samba Sanyang is unfounded.

Bo Badjie is the third accused person in the ongoing treason trail involving the former Chief of Defence Staff, Lt. General Lang Tombong Tamba and seven others.

Rui Jabbie Gassama, the second prosecution witness, in his testimony stated that the 1st accused, Lang Tombong Tamba, had called Kukoi on his mobile and spoken with him (Kukoi), then passed it to him (Bo Badjie) to also talked to Kukoi. This is not true, Bo Badjie told the court.

He also denied knowing or ever seeing Rui Jabbie, except at the identification parade held at the NIA headquarters.

Bo Badjie, who started his defence last Thursday, told the court that on 31 December 2009, the Director General of NIA asked him whether he had visited the 1st accused, and that in reply, he said, "I don't know where he stays."

Bo Badjie, who was designated as defence witness number three (DW3), further told the court that before his arrest, he was living in Tallinding Kujang, and that he was a military officer. He joined the army on 2 June 1987, and then rose through the ranks to become a major. He also told the court that he was one time the Director General of the NIA, for almost one year, and was appointed 13 August 2008 and then re-deployed to the army on 10 August 2009.

Concerning his arrest, he told the court that on the 21st of November 2009 at around 1 am, while in bed, a person knocked on his door. He said, while he was dressing up, his house door was forcefully opened, and that he rushed to the parlour to put the lights on, only to see some security officers.

"I enquired what happened at that time of the night, and they told me that they have come for me. I appealed to them to give me time to talk to my wife, and they refused and rushed into my bedroom. Then I was taken directly to Mile 2 Central Prisons," Bo told the court during last Thursday's hearing.

He said: "On 29th November 2009, I was picked up from Mile 2 Central Prisons to the NIA headquarters in Banjul, where I appeared before a panel, which comprises the Director General of NIA with some others. I was asked about the 21st March 2006 foiled coup. I was further asked how I came to know about the coup, and what role I played. I told the panel that I had the information from an operative (named withheld) and another informant, who is also a serving member of GAF."

"They asked me to reveal my informant and the operative's name, and I insisted that I will not reveal their names unless I had the DG of NIA and two other persons, for security reasons. They insisted that I should reveal their names, and I also refused to tell them their names, for their safety," he stated.

He said it was the operative himself, who was part of the panel, who told them that he was the one who had informed him (Bo Badjie) about the foiled coup attempt. He adduced that at the material time he was a 2nd Lt. and the Director of Intelligence and Security of GAF.

During Friday's sitting, Bo Badjie told the court that he was asked to write his statement, which, he added, was never produced in the court.

He said: "On 24th December 2009, I was picked up from Central Prisons at Mile 2, together with the 1st accused to the NIA headquarters in Banjul. We were taken to the conference room and two NIA officers appeared namely, Sukuta Jammeh and Luis Gomez, Director of Operations. "This Sukuta gave evidence in court and they informed us that we would be appearing for the identification parade. I was then surprised, and asked for what reason, because I was not told of any reason for the identification parade, and it was conducted," he added.

He adduced that the identification parade comprised the personnel of the NIA from various units, including investigation, security, mechanics and drivers.

"I was called up to the parade, and I requested for a change of dress, because my clothes were very dirty because I was in detention for long," he stated.

"I joined the parade, and I saw two personnel escorting a gentleman unknown to me. The unknown man then came a few metres away and stood by me, and he was told to identify the former DG NIA. Lamin Bo Badjie. I remember who told the unknown man that, it's Sukuta Jammeh.

"The unknown man then put his hands on my shoulders and said that's him, and instantly photos were taken," he told the court. He adduced that he was then taken back to the prison.

He continued to testify that, on 31st December 2009, he was picked up from Mile 2 prison together with the 1st accused to the NIA headquarters in Banjul, where he was taken to the reception and, after a while, to the conference hall. There he found the panel seated together with the unknown man, who identified him during the identification parade. He said he was asked whether he knew the unknown man, and that he replied "No".

He said when the unknown man was asked whether he knows him, he said he had visited him (Bo Badjie) with the 1st accused person.

"He was asked about the general location of my residence, and he said he recognised a line house and a kitchen. He was also asked, during his visit to my residence, who and who did he meet, and he replied that me and the 1st accused because of the light beam."

According to DW3, the description of the location of his house, as narrated by the unknown man, was very wrong.

"My lord my residence comprises over six houses alongside other buildings for stores, and these buildings are three pointing at different direction, completely fenced with a main gate. I gave this description at the NIA headquarters too," he told the court.

When asked by defence counsel PC Secka whether he was ever escorted to his house by the investigators, he replied in the negative.

He adduced that he had even requested for them to visit his house to ascertain what the unknown man had said, whom he later came to know as Rui Jabbi Gassama (PW2).

Bo Badjie said he heard the evidence of PW2, when he testified in court, noting that he said he had identified him in an article carried in the Observer newspaper of 12th October 2009. He noted that since he was identified in Bissau from that Observer newspaper of 12th October 2009 edition, he couldn't understand the essence of the identification parade.

He adduced that on 31st of December 2009, the Director General of NIA asked him whether he had visited the 1st accused, and he replied in the negative.

"My Lord PW2 also mentioned that the 1st accused called Kukoi on his mobile and spoke with Kukoi, and later gave the mobile to me and that I also spoke to Kukoi, which I told the panel is not true. I have never spoken to Kukoi," he testified.

When asked about the 6th accused, Ngorr Secka, he said he made it clear to the panel that Ngorr Secka had never worked under him, neither did he call him, as he did not even have his contact number.

When asked by his defence counsel, whether if shown his statement, he would recognise it, he replied in the positive.

He was then shown the said statement, which he recognised as his own and then it was marked as exhibit P11. According to him, he was not confronted with anyone with respect to that statement.

He further told the court during Friday's proceedings that he first saw PW1 when he appeared in court, and was not asked about PW1 before the panel. He adduced that he was in telephone contact with the 1st accused while in active service.

"My lord while in active service, I was posted to the State Guard Battalion, and I served there for over seven years, and the 1st accused was my Commander," Bo Badjie told the court.

"I went on a mission, and I came back and I was posted at defence headquarters as the Director of Security and Intelligence, while the 1st accused was deputy CDS. After the foiled 21st March 2006 coup, he was appointed as Chief of Defence Staff, and I also served under him as the Director of Intelligence and Security. I later left the armed forces and was appointed as the Director General of the National Intelligence Agency in 2008, and in 2009 was re-deployed back to the army.

"Since I left the army in 9th October 2009, I have never called the 1st accused, and I did not see him during all this period, until when we all met at the NIA headquarters in Banjul."

"I got a working relationship with the 2nd accused through telephone, and this ceased the day we were dismissed from the army. Since then, he'd never called me and I'd never called him, and I did not see him too, as well. The day I met him was the day we were all arrested - on the 21st November 2009 at the Mile 2 Central Prison."

Relationship with the 4th accused

Concerning his relationship with the 4th accused (Kawsu Camara alias Bombardier) he told the court that he served in the same battalion with him, back in 1994-2003.

"When I left the battalion in 2003 for a mission, after the mission I was transferred to defence headquarters. Since 2005, I have no contact with the 4th accused," he stated.

Work Relationship with the 5th accused

"I have a working relationship with the 5th accused. When the IGP is out of country, when I was DG of the NIA I used to contact the 5th accused, mostly on directives by calling him on his phone. And since his dismissal from the service, I had never called or seen him at all," he stated.

Bo Badjie told the court that, on 8th February 2010, he was picked up from Mile 2 to the NIA and then escorted to the Director of Public Prosecution's office.

"When I reached the DPP's office, I met the secretary and DPP came out and said 'my friend you are here.' Then he invited me to his office, where he showed me an NIA form. The DPP said to me "I have all your statements, and this is very serious. I will help you, and the way I can help you is if you can write another statement."

"He (DPP) gave me a form to write, and I told him (DPP) that I am very sorry, that I can't do that."

"I told the DPP that I have faith in God, and that God knows the truth and that the truth shall prevail. DPP said to me that 'you are aware of a ship with arms and ammunition,' and I told him not to tell me about that, because I don't know anything about it.

"The DPP told me that 'it seems you don't want me to help you,' and I told him 'thank-you every much,' and I left his office."

Relationship with the DPP

Concerning his relationship with the DPP, he said while he was the DG of NIA he had a working relationship with him, and "he used to visit me and I also used to visit him at his chambers." He maintained that he was not in telephone contact with the DPP, since he was dismissed from service. He said he did not see DPP until he was invited into his office, and that he stands by his statement.

Relationship with the DPP

Concerning his relationship with the DPP, he said while he was the DG of NIA he had a working relationship with him, and "he used to visit me and I also used to visit him at his chambers." He maintained that he was not in telephone contact with the DPP, since he was dismissed from service. He said he did not see DPP until he was invited into his office, and that he stands by his statement.

HS Sabally: Were you in contact with the 8th accused?

Bo Badjie: Once.

HS Sabally: When?

Bo Badjie: This was one of the military functions at the Joint Officers Mess, this was in 2009.

DPP: Now, my friend. At the DPP's office, you were offered that if you accept, you would be used as prosecution witness?

Bo Badjie: My lord that's not true.

DPP: As the DG of NIA, you are aware of sending files from the NIA to the DPP's office for legal advice?

Bo Badjie: My lord, no idea.

DPP: Do you know why the 1st and 2nd accused persons were dismissed from the army on the same day?

Bo Badjie: I did not know.

DPP: They were dismissed because of conspiracy?

Bo Badjie: That's not true.

DPP: You vigorously visited Guinea-Bissau?

Bo Badjie: My lord, I have never visited Guinea-Bissau in my life.

DPP: Are you not surprise that somebody from Guinea-Bissau came, and recognised you at the identification parade?

Bo Badjie: My lord, I am not surprised because of the 12th October 2009 edition of Observer newspaper.

DPP: You are aware that the President is the highest authority in The Gambia?

Bo Badjie: Yes, my lord.

DPP: As the DG of NIA, when you see the President made order for release of somebody and the subordinate officer says 'no', can that occur?

Bo Badjie: My lord, I never saw that.

DPP: If the CDS gives orders, can an officer subordinate to the CDS obstruct that order?

Bo Badjie: Yes, my lord that is in the military. We call it last order.

DPP: This last order is what the CDS can use, and stage a coup?

Bo Badjie: My lord, that's not true.

DPP: I am putting it to you that you conspired with others?

Bo Badjie: That's not true.

DPP: When you were the DG of NIA, you had many complaints and you investigated them?

Bo Badjie: I was not directly responsible for investigations.

DPP: You took bribes and terminated cases without taking them to court.

This question prompted defence counsel PC Secka to strongly raise an objection, and he cited Section 204 of the Evidence Act, which he said, can forbid any question posed during cross-examination.

He also cited Section 207 of the Evidence Act to further strengthen his objection.

In reply to the defence counsel's objection, DPP Chenge referred the court to Section 165 sub-section (D) 2 of the Evidence Act, which the DPP said is very clear so as to test the witness's character, as it was done to both PW1 and PW2.

The DPP then continued: You were dismissed from the armed forces with the 1st and 2nd accused, because you embezzled.

Bo Badjie: That's not true.

DPP: What did you do in the 2006 attempted coup?

Bo Badjie: I was part of the loyal soldiers that foiled that coup.

DPP: You are very faithful to the 1st accused.

Bo Badjie: That's not true, my lord.

DPP: While in the armed forces you were faithful to him?

Bo Badjie: My lord, I was supportive to him.

DPP: Were you arrested?

Bo Badjie: I was arrested at my residence in Tallinding Kujang.

DPP: Were you happy when you were dismissed from the army?

Bo Badjie: Yes.

At this point, Justice Emmanuel Amadi then adjourned the case to Tuesday 8th June 2010 at 1 pm.