Two police officers recently testified in the case involving Pa Habibou Mbye and Foday Barry at the Banjul Magistrates’ Court, before Principal Magistrate Taiwo Ade Alagbe.
Foday Barry, former director of intelligence and investigation at the NDEA, and Pa Habibou Mbye, former crime management coordinator at the same institution, are standing trial on a four-count charge of conspiracy to commit a felony, stealing, making false documents and uttering false documents.
Testifying as the first prosecution witness was Sergeant Lamin K. Jammeh, a police officer attached to the fraud squad as a detective officer at police headquarters in Banjul.
He said he knew the accused persons and could recall what happened on 1 October 2012 , when their office received directives that the accused persons should be investigated in connection with the case of one Robert Danquad, a Ghanaian national, who was suspected of conspiring with jailed drug dealers.
“A panel was immediately instituted, which comprised three members including myself, and we invited them to our office and interrogated them,’’ he said.
“My role as a panel member was to caution Mr. Foday Barry, and as a normal procedure, I read the cautionary wording to him and he preferred writing his own statement in the presence of an independent witness, on 3 October 2012,” the witness said.
He added that he signed the statement and the accused person also signed, as well as the independent witness.
He confirmed the statement in court which was tendered and marked as evidence.
Under cross-examination, when asked by the defence counsel who were the other two members of the panel, Sgt Jammeh told the court that, ASP Lamin Cham and 1st Class Ali Sallah were the other panel members.
Further asked whether during the course of the investigation they contacted Robert Danquah, and detective Jammeh told the court that Danquad was not in the jurisdiction, and that was why the team went to Mile 2 Central Prison to contact him, but were told that the NDEA officers picked him up from the prison.
Also testifying was first class Ali Sallah, who told the court that he interrogated Pa Habibou Mbye to obtained a cautionary statement from him, but he preferred to write his own statement and he signed it, Mbye also signed and the independent witness signed.
Under cross-examination, officer Sallah told the court that the team went to Mile 2 Central Prison and after a search they realized that Danquad had being released from custody based on a court order.
He added that a request was sent to the NDEA for the appearance of Ebrima Jammeh and one Yusupha at NDEA, adding that they met the Financial Director and obtained a statement from them.
Officer Sallah further said that after the investigation, the report was submitted to the authority concerned for action.
The case at that juncture was adjourned to 5 November 2012, for continuation of the hearing.
The particulars of offence on count one stated that Alh. Foday Barry and Pa Habibou Mbye, between 2010 and 2012, in Banjul and diverse places within the jurisdiction of the court, with an apparent intent for deception, jointly conspired to defraud one Robert Danquah, an inmate in Mile 2 Central Prison, of D230,000.
Count two stated that Alh. Foday Barry, between 2010 and 2012, in Banjul and diverse places within the jurisdiction of the court, stole an amount of D230,000 from one Robert Danquah, an inmate at the Mile 2 Central Prisons.
Furthermore, count three read that Alh. Foady Barry, between 2010 and 2012, in Banjul and diverse places within the jurisdiction of the court, swore to an affidavit to state that an amount of D850,000 was discovered with one Robert Danquah , a Ghanaian national, instead of D1,080,000, which he knew to be false or did not believe to be true.
And count four stated that Alh. Foday Barry, between 2010 and 2012, in Banjul and diverse places within the jurisdiction of the court, with intent to defraud, uttered a false affidavit purposely for the extradition of Mr. Robert Danquah.
