Sillaba Samateh the principal witness for the prosecution in the ongoing trial involving the former Inspector General of Police, Ensa Badjie, has said he was never a drug dealer.
He was testifying at the high court in Banjul where Ensa Badjie and two military officers, Lt. Colonel Mam Matarr Secka and Major Kuluteh Manneh, are on trial under a 51-count charge.
"I have never seen drugs, much more to sell them," Mr. Samateh responded.
This was when Borry S. Touray, the defence counsel for Ensa Badjie and MM Secka, put it to him that the 1st accused (Ensa Badjie) had never told him (Samateh) to tell customers that he was selling drugs for the President.
When hearing resumed yesterday, defence counsel continued to cross-examine Sillaba Samateh, the principal prosecution witness.
Cross examination of PW1 By lawyer Borry Touray
BS Touray: How much money did you collect from Edrissu?
Witness: 3,150 Euros.
BS Touray: Is that what you collected from Edrissu?
Witness: Yes.
BS Touray: What about Kofi?
Witness: I don't know him?
BS Touray: Kofi from Eritrea?
Witness: I know Kofi who came from Eritrea.
BS Touray: How much did you collect from Kofi?
Witness: Nothing.
BS Touray: What about Charles?
Witness: I don't know who is Charles.
BS Touray: What about Omar Ndow?
Witness: Omar Ndow brought 10,000 Euros being money for gold and drugs.
BS Touray: You mean he gave you only 10,000 Euros for the whole transaction?
Witness: Yes.
BS Touray: I put it to you that you are not speaking the truth, because he gave you two separate payments of D350, 000?
Witness: It's not true.
BS Touray: How did you get to know Omar Ndow?
Witness: I got to know Omar Ndow through Edrissu.
BS Touray: How much money did you receive from Muhammed Ceesay from Freetown?
Witness: Muhammed Ceesay did not give me any money.
BS Touray: Do you know one Francis?
Witness: I know many Francis.
BS Touray: Francis, your friend you met in Holland?
Witness: I have never met anyone by the name Francis in Holland.
BS Touray: Do you as well know Frank and Emmanuel?
Witness: I don't know them.
BS Touray: I put it to you that these people were introduced to you by Omar Ndow?
Witness: That is not true.
BS Touray: It's true that you received Aron Davis Wright at the airport?
Witness: No.
BS Touray: I put it to you that you are lying, because you went with Kawsu Kassama and Edrissu to receive him?
Witness: That is not true.
BS Touray: When you received him, you took him to Baobab.
Witness: I did not receive him, much more to lodge him at Baobab.
BS Touray: You told Edrissu that you gave 8 kilos to Aron Davis?
Witness: That is not true.
BS Touray: Is it correct that you told Edrissu that Aron was going to Dakar on a fishing expedition, because of the delay in the transaction?
Witness: I can't remember.
BS Touray: Did you tell Edrissu that the 2nd accused is the pilot of a helicopter?
Witness: That is not true.
BS Touray: That was the lie you used, to induce Edrissu to secure money from him?
Witness: That is not true.
BS Touray: Do you know Sony boy?
Witness: I did not know any person by the name Sony Boy.
BS Touray: I put it to you that it was this Sony Boy who sent Aron Wright?
Witness: Not to my knowledge.
BS Touray: Have you ever dealt with Aron Davis Wright?
Witness: Yes.
BS Touray: I put it to you that all the payments made by Edrissu were not witnessed by any of the accused persons?
Witness: That is not true.
BS Touray: It's the story of Edrissu that none of the accused persons were present at the time of the payment?
Witness: I deny that.
BS Touray: How much money did you collect from Aron Davis Wright?
Witness: Twice, the first D40, 000 was taken by the 1st accused, while the second D40, 000 was shared among the 1st and 2nd accused persons, Edrissu and myself.
BS Touray: I put it to you that you are lying, because none of the accused persons were present?
Witness: They were present.
BS Touray: The money you took from Salim, did you pay him?
Witness: What I took I have paid for all; it remains the 1st accused to pay what he had taken.
BS Touray: Is it correct that you undertook in writing to settle the whole amount of 28,000 dollars?
Witness: I undertook at that time, because we have not yet reached at this point in time. The 1st accused was then in charge of the police, and he said he did not want his name to be mentioned.
BS Touray: You want this court to believe that the 1st accused would take 14,000 dollars from Salim without Salim asking him to pay?
Witness: Yes, I want the court to believe it.
BS Touray: I put it to you that the money you obtained from people was the money you used to build the three separate storey buildings?
Witness: No, I came with my money.
BS Touray: How much money did you come with?
Witness: I can't remember.
BS Touray: How can you convince this court that you came with the money?
Witness: I was working in Europe, and I was doing business.
BS Touray: How would the court ensure that you came with the money?
Witness: I have bank transfers from Holland.
BS Touray: Which year?
Witness: I can't remember.
BS Touray: When did you come to The Gambia?
Witness: Almost two years now.
BS Touray: This bank transfer came from the bank?
Witness: Western Union and Money Gram.
BS Touray: Western Union through which outlet?
Witness: I don't know.
BS Touray: Do you have any proof at hand?
Witness: I have documentary proofs like Money Gram and Western Union receipts.
BS Touray: Can you produce those receipts to the court?
Witness: Yes.
At this stage, defence counsel Borry S. Touray applied for the witness to produce the receipts of money transfers through Western Union and Money Gram, from 2008 up to the date of his arrest.
In response to the defence's application, DPP Chenge rose and objected to the application made by the defence counsel, stating that the witness was not charged with money laundering.
He submitted that the receipts of monies transferred, as requested by the defence, "is irrelevant in this case."
Defence counsel Touray replied that he wants to test the credibility of the witness, and referred the court to Section 202 of the Evidence Act. He asked the court to dismiss the "baseless objection" raised by the DPP.
The DPP then cited Section 3 of the Evidence Act to further strengthen his objection.
After listening to both parties, the presiding judge, Justice E. Amadi, denied the defence's application.
Continuation of Cross Examination
BS Touray: How many of your properties did you sell in the past two years?
Witness: I can't remember.
BS Touray: You sold one of your properties to pay the President of the Republic 500,000 Euros?
Witness: I did not say so in any of my statements.
BS Touray: But you told Edrissu that you have to settle the 'big man' with that?
Witness: That is not true.
BS Touray: I am putting it to you that you told Edrissu that you sold your compound to settle the President's 500,000 Euros?
Witness: That is not true.
BS Touray: How much money did you fraudulently collect from Ikeme Funa?
Witness: 15,000 Euros, which all the accused persons shared.
BS Touray: I am putting it to you that you are lying, because Edrissu has confirmed that the three accused persons were not present at the time?
Witness: What I am saying is the truth.
BS Touray: You also told Edrissu that the President has transferred 300 kilos of cocaine to Mali?
Witness: That is not true.
BS Touray: You further told Edrissu that the President imported 10 tons of cocaine into this country for marketing?
Witness: That is not true.
BS Touray: You fabricated all these in order to deceive people?
Witness: That is not true.
BS Touray: Who were the persons arrested in Kaolack, Senegal?
Witness: I don't know.
BS Touray: You know the 1st accused had led a raid together with the DG of NIA, and searched your house?
Witness: Yes, I can remember.
BS Touray: As a result, you were charged and taken to court?
Witness: I was not charged, because the 1st accused had informed me about the raid, and he further told me that I will be detained for three days and later released. I had given him D800, 000 within that period, so as to terminate the case. He further asked for D1 million, and I told him that I did not have the sum.
BS Touray: Are you denying that you were once convicted by Brikama Magistrates' Court?
Witness: I have never stepped in Brikama Magistrates' Court.
BS Touray: You mean you were not charged with possession of precious stones, and you are denying being in possession of precious stones?
Witness: Whereas I was charged, I have never signed any document or stepped in any court.
BS Touray: Where did you get that money?
Witness: That D800, 000 was the proceeds of my compound sold in Latrikunda.
BS Touray: Can you tell this court, the name of the person who bought this compound?
Witness: I can't remember.
BS Touray: Is it leased or not?
Witness: It is leased.
BS Touray: I am putting it to you that you have been only paying judgment debts through your solicitor Mr. Gaye?
Witness: That's true.
BS Touray: When did you sell this compound?
Witness: I can't remember.
BS Touray: When was your house searched?
Witness: I can't remember.
BS Touray: I am putting it to you that the 1st accused had never demanded D1 million from you?
Witness: He'd demanded.
BS Touray: I am putting it to you that you never paid any money to the accused persons?
Witness: I gave them money.
BS Touray: I am putting it to you that the 1st accused bought his own electrical materials?
Witness: I gave him many materials.
BS Touray: Did you have any delay at this place?
Witness: The place I brought these items, police came there to obtain a statement from them. The driver of the 1st accused normally collects those items from the seller.
BS Touray: I am putting it to you that the 1st accused had never known that you are dealing in drugs?
Witness: I am not a drug dealer.
BS Touray: I am putting it to you that the 2nd and 3rd accused persons had never known that you were engaged in the drug trade?
Witness: I have never seen drugs, much more to sell them.
BS Touray: I am putting it to you that the 1st accused had never told you to tell your customers that you are doing your drug trade for the President?
Witness: It was the 1st accused, who always tells me to say so.
At this juncture, the case was adjourned to 17 June 2010.
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