Sep 28, 2009, 6:41 AM
The accused persons were earlier arraigned and charged on five counts of conspiracy, compounding a felony, destroying evidence, burglary and stealing.
Since the burden to prove the allegations lay on the shoulders of the prosecutor, Sergeant 1781 Kinteh led the police officer, his witness, to testify.
In his testimony, the police officer, Babucarr Trawally, told the court that he lives at London Corner and he is a police detective attached to the CID unit.
He adduced that he recognised the accused persons, adding that they were arrested by him in connection with a break-in.
He stated that on 19 March 2013, he was on duties in his office at the Latrikunda German Police Post when one Sait Njie came in and lodged a complaint that his mobile phone shop was broken into and some mobile phones, about thirty-six, two I-pads, a jewellery box, cash amount of D15,000 and three handbags were allegedly stolen.
Mr Trawally testified that he mounted an investigation, adding that the mobile phone shop was located at Kanifing South.
He said he applied on an Africell IMEI printout from one of the item boxes at the scene, further stating that he came to know one of the accused, namely Dodou Nyang, who was in possession of one of the mobile phones stolen.
He posited that he was arrested and confessed that he and his co-accused did the act, adding that he later arrested his co-accused persons.
He testified that they recovered 21 mobile phones and the two I-Pads, stating further that after the arrest, he confronted them and they responded that they were the very ones who did the act.
Officer Trawally adduced that he obtained cautionary and voluntary statements from them in the presence of an independent witness called Muhammed Drammeh.
At this juncture, Sergeant Kinteh applied to the court to tender the cautionary and voluntary statements and the printout to which no objection was made by the accused persons.
The documents were admitted by the court.
Under cross-examination, some of the accused persons put it to the witness that he tortured them when he was recording their statements.
One of them said it was the witness who prepared his statements and asked him to thumb-print them, adding that the contents of the statements were not his words.
The witness denied all what the accused persons had said.
According to the particulars of offence on count one, the accused persons on 19 March 2013, at Kairaba Avenue, in the Kanifing Municipality, conspired to commit a felony to wit stealing.
Count two stated that Biyakie Camara and Yaya Camara on the same date at the Kanifing South, in the Kanifing Municipality, received in their house properties stolen by Dodou Nyang, Malick Gibba and Dawda Bah which they knew or having reasons to believe that such properties were stolen, thereby committed an offence.
Count three indicated that Biyakie Camara, Foday Jammeh, Dodou Nyang, Dawda Bah and Malick Gibba on the same date in Kanifing South, Kanifing Municipality, willfully destroyed the cartons and booklets of the stolen mobile phones, which they knew could be used as evidence against them in court.
According to count four, Dawda Bah, Malick Gibba, Dodou Nyang and Foday Jammeh on the same date between 4 a.m. and 5 a.m. at Kairaba Avenue in the Kanifing Municipality broke into the shop of one Sait Njie with the intent to commit a felony, therein to wit stealing.
Count five indicated that Dawda Bah, Malick Gibba, Dodou Nyang and Foday Jammeh on the same date at the Kairaba Avenue in the Kanifing Municipality jointly stole from the shop of Sait Njie the following: thirty-six mobile phones valued at D157,600, three handbags valued at D2,600, two I-Pads valued at D21,500, physical cash of D15,000 and one box containing jewellery valued at D19,500, all together totaling to D216,200, the properties of the said Sait Njie.
The case was adjourned till 25 September 2013.