Rambo's application dismissed
Yousef Ezzeden (alias Rambo) a businessman and the eighth accused person in the ongoing treason trial will have to remain remanded in custody at the State Central Prison Mile 2, following the dismissal an application made by his defence counsel.
Lawyer Hawa Sisay Sabally had earlier filed an application stating that her client, Yousef Ezzeden, is a high-risk cardiac patient and, on the grounds of his poor health condition, should be remanded at his house.
Justice Emmanuel Amadi yesterday dismissed the application at the High Court where he is presiding over the trial of former CDS Lt. General Lang Tombong Tamba and co.
In his ruling, Justice Amadi said that he had perused the application that was supported by a sworn affidavit and the exhibits filed by the accused person.
He said he could not claim knowledge of the contents of the medical documents, which, he said, have no dates, while describing the exhibit as appearing "to be mere speculations."
Justice Amadi ruled that the recommendations contained in the defence application do not seem to exist.
"Everybody needs fresh air including the eighth accused person," he said, and that granting the application amounts to granting bail to the accused person who is charged with a capital offence.
"I do not agree that the Prison authority does not have enough facilities in treating the eighth accused person," he said.
Consequently, he dismissed the application.
Following his ruling, the principal state witness continued to testify under cross-examination by defence lawyer Sheriff Tambedou, counsel for Lang Tombong Tamba, Kawsu Camara and Abdoulie Joof.
The following is a report in Question and Answer format of the cross-examination of the witness, Ebrima Marreh.
Q - Mr. Marreh on the 21st November 2009 you made a witness statement, and I put it to you that you did not mention the name of Abdoulie Joof?
A - I mentioned it on the 21st of November. Before writing my statement, I was confronted and was asked by an investigation panel whether the seventh accused person was involved in the coup plot. I answered 'yes.' Then, from there, I was called to write my statement, which was not in my hand writing, but at the time I was writing it, I mentioned Lie Joof, the seventh accused person. But the statement was not read to me.
Q - Is this the statement the NIA officer wrote for you?
A - Yes.
Q - Did you sign all the six pages?
A - Yes.
Q - In your evidence-in-chief, you said that at the time assignments were made, you were assigned to go to Farafenni. And now in your statement made on the 21st of November, which you made at the NIA, did you say that it was during the first meeting when you were assigned to go to Farafenn?
A - I did not say that.
Q - I put it to you that in your statement of 21st November 2009, you said it was during the first meeting that you were sent to Farafenni.
A - No.
Q - In your evidence-in-chief did you say the people who attended the first and second meetings were Lang, Omar Bun Mbye, Kawsu Camara, Modou Gaye, Lie Joof and Yousef Ezzeden and that it was the first time they discussed about the coup plot?
A - Yes.
Q - In your statement of 21st November 2009, did you say you met Lang and Modou Gaye in the first meeting and they told you about the coup?
A - I cannot remember.
Q - Did you say in that statement that one day Lang Tombong called me, after he was dismissed, that they are working on a coup plot with Modou Gaye at his residence?
A - Yes.
Q - Mr. Marreh, yesterday you said Lang Tombong sent you to Senegal in November 2009, and in your statement did you say that the first accused sent you to Senegal in August 2009?
A - I cannot remember.
Q - I put it to you that in your 21st November statement you did say that you were sent to Senegal in August.
A - No.
Cross-examination by Hawa Sisay Sabally counsel for Yousef Ezzeden
Q - Mr. Marreh you told the court that you were born in 1988?
A - Yes.
Q - Now, how old are you?
A - I don't know.
Q - You remember telling this court that you are 20 years, but could not remember the date you were born?
A - Yes.
Q - Do you have a birth certificate?
A - No.
Q - Do you have a vaccination card?
A - No.
Q - I believe that you have attended primary school?
A - Yes.
Q - Where?
A - Bwiam.
Q - Did you complete primary school?
A - Yes.
Q - After primary school did you proceed to middle school?
A - Yes.
Q - When did you complete your middle school?
A - I cannot remember.
Q - At Jollof Tutors do you remember any teacher or classmate?
A - I can only remember the name of the principal.
Q - What is his name?
A - Alhagie Marenah.
Q - Do you have any training in military intelligence?
A - No.
Q - Do you want the court to believe that a student with no military or intelligence training would be called upon and asked to take part in a top secret planning for a coup plot?
A - Of course.
Q - Why?
A - Because I am sure of myself, and I know what I am capable of doing.
Q - What are you capable of doing?
A - I am capable of revealing their secrets.
Q - I am putting it to you that because you are capable of revealing their secrets, nobody will trust you in planning a coup plot.
A - I deny.
Q - You said that they were to bring 300 mercenaries. Do you still maintain that?
A - I said 300 mercenaries are to come.
Q - Do you know how equipped is The Gambia?
A - I don't know.
Q - Do you know the number of the Gambia army?
A - I do not know.
Q - You said that you were given a picture which you said was the view of Farafenni camp, that was given to you by Lt. General Lang Tombong Tamba to take to Kukoi Samba Sanyang; did you say that?
A - I cannot remember.
Q - I am putting it to you that your statement contained it, and you said so under cross-examination?
A - I cannot remember.
Q - I put it to you that you were not sent by any person to Farafenni?
A - I deny that.
Q - In your statement of 21st November 2009, you did not mention any meeting in the first accused person's house?
A - I cannot remember.
Q - The only thing that you said in that statement was that you were called by Lang Tombong Tamba, and you meet with Modou Gaye there.
A - That is what I said in the statement.
Q - I am putting it to you that your evidence about the alleged first and second meetings is an afterthought.
A - I deny that.
Q - Why did you not put that fact about the first and second meetings in your statement, presented to the court?
A - It was mentioned when they were writing the statement.
Q - But you signed every paper of that statement; that was presented to the court?
A - I cannot remember.
Q - I put it to you that your 21st November 2009 statement did not mention Yousef Ezzeden, and you never had a meeting with the eighth accused person?
A - I deny that.
Q - Did you know the business called 'One Plus One' owned by the eight accused person?
A - I don't know.
Q - Do you remember going to One Plus One along the Kairaba Avenueearly in 2009?
Kairaba Avenueearly in 2009?A - No.
Q - When you had a confrontation with the eighth accused person, you mentioned that you have gone to that shop on the 2nd of November 2009?
A - I cannot remember.
Q - When was the first time you saw Yousef Ezzeden, the eighth accused person?
A - I cannot remember.
Q - How many times have you seen the eighth accused person?
A - I do see him at the meetings.
Q - Which of the meetings?
A - First and second meetings.
Q - Can you cast your mind back to 2009; the months when these meetings took place?
A - I cannot remember.
Q - Do you know that Lang Tombong Tamba the first accused person was dismissed from the army?
A - Of course.
Q - Did the meeting take place when he was in the army or after his dismissal?
A - I cannot remember.
Q - In your statement of 21st November 2009, you said that after he was dismissed he called you in his house; is that correct?
A - Yes.
Q - Do you know that the eighth accused person came to The Gambia in 1986?
A - I don't know.
Q - In your evidence-in-chief you said that in the first meeting the eight and seventh accused persons were assigned to finance; how was the assignment done?
A - Eighth accused was asked what he can do, and he said that he can do financing.
Q - In you evidence-in-chief you said that the business people were given a task, and Yousef Ezzeden and Lie Joof were assigned to provide financial support?
A - I cannot remember.
Q - How long was it between the first and second meetings?
A - I cannot remember.
Q - You said they came with a cheque; how do you know they were cheques?
A - The time they were presenting, I was there.
Q - Is it correct that it was cheques; and how were you sure these were not ordinary papers?
A - A paper and a cheque are two different things.
Q - On which of the banks were the cheques drawn?
A - I did not know.
Q - I put it to you that the eighth accused person banks with four banks, and they are Standard Chartered Bank, Guaranty Trust Bank, BSIC Gambia and Prime Bank.
A - I don't know.
Q - Since it was a cheque, I am putting it to you that the eighth accused person only issued three cheques from September 2009 to December 2009 and they are crossed-cheques, payable to three different businesses, and they are Guaranty Trust Bank cheques?
A - I did not know.
