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My conviction was predetermined, says Ousainou Darboe

Jun 17, 2016, 11:31 AM | Article By: Dawda Faye

Lawyer Ousainou Darboe yesterday told the High Court that his conviction was predetermined, in the case involving him and nineteen others, before Justice Dada.

He made this statement when asked to cross-examine the second prosecution witness after the witness finished his testimony.

Darboe said he would not associate himself with the proceedings.

Halifa Sallah, Sidia Jatta, Amat Bah, Hon. Samba Jallow and Hon. Momodou Bamba Gaye were in the courtroom to show solidarity with Lawyer Ousainou Darboe and the other accused persons.

When the case was called, DPP Barkum told the court that he was done with the second witness, Ebrima Camara, and further said that it was for the cross-examination of the second witness by the accused persons, who were unrepresented.

The other accused persons were also asked to cross-examine the second prosecution witness, but they all kept quiet.

Justice Dada said the silence of the accused persons indicated that they had no questions for the witness.

DPP Barkun then applied for the witness to be discharged, and he was discharged by the court.

Alhagie K. Manneh, the third prosecution witness, told the court that he lives in Banjul and is a police officer with the rank of sergeant 5241.

He is attached to the Major Crime Unit.

He adduced that while he was on duty on 16 April 2016, he was informed by his commander to join an investigation team at the PIU office for statement recording.

Mr Manneh added that he left for the place, and upon arrival the suspects were shown to him.

He further stated that their statements were recorded, adding that he recorded the cautionary and voluntary statements of Ismaila Ceesay, Mamudou Manneh and Fanta Darboe.

He adduced that he questioned the accused persons, adding that he read the cautionary and voluntary statements to them, while they spoke in the language they understood.

He said that Fanta Darboe spoke in English and Ismaila Ceesay and Mamudou Manneh spoke in Mandinka.

After recording the statements, he read them to them, he said, adding that they said what he recorded was true, and they thumb-printed.

He said he could identify the statements because there was space on which he signed.

The statements were shown to him to identify, which he did and confirmed that he was the one who recorded them.

DPP Barkun then applied to tender them.

The clerk went round and showed the statements to Ismaila Ceesay, Fanta Darboe and Mamudou Manneh and asked whether they had any objection to the tendering of the statements, but they kept silent.

The said statements were admitted by the court.

DPP Barkun stood up and said that was all for the witness.

Ismaila Ceesay, Mamudou Manneh and Fanta Darboe were asked whether they had questions for the witness, but they did not respond.

The other accused persons were also asked whether they had questions for the witness, and they said nothing.

DPP Barkun then applied to the court to discharge the witness since the accused persons did not have questions for the witness.

The witness was then discharged by the court.

Domingo Memba, the fourth prosecution witness, told the court that he lives at Churchill’s Town and is a police officer with the rank of ASP, attached to the Major Crime Unit. He is a station officer.

He knew the accused persons.

He adduced that on 16 April 2016, he was informed by his commander that lawyer Darboe and other accused persons gathered at the former’s residence at Pipeline to hold a conference.

He added that they were asked to investigate the matter, and that he interacted with one Samba Kinteh.

He stated that he recorded his cautionary and voluntary statements, adding that he read the cautionary statement to him in the language he understood.

He said he accepted the wordings and thumb-printed it.

DPP Barkun asked the witness whether he would be able to identify the statements, and he answered in the positive, saying he could identify it by his name and his signature. The statement was shown to him, which he identified.

The clerk again went to show it to Samba Kinteh and asked him whether it was his statement, but Kinteh did not say anything.

The DPP applied to tender the statements and they were admitted by the court.

The witness further told the court that during the course of their investigation, they were able to recover eight stones and five shields which were broken.

The said shields and stones were shown to him to identify, which he did.

He confirmed that he recovered them during the incident.

DPP Barkun then applied to tender the stones and shields.

The clerk asked the accused persons whether they had any objection to the tendering of the stones and shields, but they did not respond.

The said stones and shields were admitted by the court.

DPP Barkun then said that was all for the witness.

The clerk asked the accused persons whether they had questions for the witness, and they kept quiet.

The witness was discharged since the accused persons did not cross-examine him.

Lamin Cham, the fifth prosecution witness, narrated the same procedure when he recorded the voluntary and cautionary statements of Femi Peters and Lamin Njie.

The accused persons maintained their silence.

The case was adjourned until 20 June 2016.