Jul 9, 2009, 7:02 AM
Benedict Jammeh, the Director General of National Intelligence Agency, on Monday testified before senior Magistrate Kayode of the Banjul Magistrates' Court.
Mr. Jammeh testified as a prosecution witness in the trial of Burama Dibba, former Crime Management Co-ordinator of Gambia Police Force. Mr. Dibba is standing trial for the offence of giving false information to a public servant.
The charge against Mr. Burama Dibba alleged that in the year 2007 at the police headquarters in Banjul, falsely informed the former IGP, Benedict Jammeh himself, that the Director of Prisons, Mr. David Colley, had fed the carcass of a bull to inmates at the prison and also diverted a satellite disc meant for the prison to his personal use, which information he knew at the time to be false or does not believe to be true. Mr. Dibba has since denied the charge.
In his testimony, Mr. Benedict Jammeh told the court that he was the former Inspector General of Police but now the Director General of the National Intelligence Agency. He said he knew the accused as he was the former Crime Management Co-ordinator at the police headquarters and that he could also remember the year 2007. " I also know one Mr. David Colley," he stated.
He then revealed that the duties of the Crime Management Co-ordinator was to report crimes, noting that when it comes to investigation, the IGP delegates him and in turn the CMC delegates others. After completion of investigation, he added, the CMC brings the report to the IGP who would send the report to the Attorney General's chamber for legal advice.
After stating the operational procedure, Mr. Benedict Jammeh refuted claims that former CMC Dibba had ever in 2007 reported on Mr. David Colley to him. " The accused never gave any report concerning David Colley in 2007, he never mention David Colley's name to me," he concluded.
At that juncture ASP Tijan Badjie informed the court that was the prosecution's case.
For their part the defence counsel, led by Lawyer Sheriff Tambedou, called on the court to take cognisance of section 166 of the Criminal Procedure Code, which gave the court the discretion to acquit the accused if there is no sufficient evidence against the accused person. He further submitted that in addition to what the law provides, it is the common law principle that if at the end of the prosecution's case the crime alleged to have been committed is not proved, the accused should not be required to enter into a defence or that where no prima facie case has been made out against the accused, he should be discharged and acquitted.
Lawyer Tambedou further submitted that based on the evidence adduced by the prosecution in support of the charge and based on both the common law and the law of this country, they urged the court to discharge and acquit the accused.
Other defence counsel include Lawyer Borry Touray, Lawyer Lamin Camara, Lawyer Neneh Cham-Chongan and Lawyer Edrisa Sissoho.
The case continues today for ruling.