Mar 17, 2016, 10:38 AM
Sgt 5241 Alhagie K. Manneh was yesterday cross-examined by defence counsel for
both the 1st accused, Sira Wally Ndow-Njai, and the 2nd accused, Momodou O.S.
Badjie, before presiding Judge O. Ottaba at the High Court in Banjul.
The former minister of petroleum, Sira Wally Ndow-Njai, Momodou O.S. Badjie, Fafa Sanyang, Cherno Marena, Seedy Kanyi, Muntaga Momodou Sallah, Momodou Taal, Louie Moses Mendy, Noah Touray and Madun Sanyang are standing trial on economic crime charges, among others.
When the matter came up, DPP S.H. Barkum informed the court that the matter was slated for cross-examination of PW2, Alhagie K. Manneh, who was reminded that he was still on oath.
Defence counsel A.A.B. Gaye informed the court that lawyer S.M. Tambadou would conduct the cross-examination, on behalf of the team for the 1st accused, Sira Wally Ndow-Njai.
“Where are you stationed?”
“Major crime unit.”
“Did you take part in the investigation of this case?”
“I recorded statements from the accused persons.”
“My question is did you take part in the investigation of this case?”
“I maintain the same answer.”
“Apart from taking statements what else did you do in this case?”
“Apart from the statements of the 1st accused, how many statements did you obtain?”
“I obtain statements from three other accused persons, Momodou O.S. Badjie, Momodou Taal and Cherno Marena.”
“Did you record statements from any who is not in the dock?’
“I recorded statements from the four accused persons.”
“Please take a look at exhibit J3, the cautionary statement of the 1st accused and tell the court the date that it was recorded?”
“It is not dated because it is detached from the dated ones.”
“The dated one you referring to is it in exhibit J1 or J2?”
“It is detached from exhibit J2.”
“Is it correct that all the statements in this case were obtained on the same date?”
“They were not obtained on the same date.”
“Which date were they obtained?”
“I have said the date earlier.”
“You will agree with me that all the cautionary statements in this case were obtained in June 2016. Is that correct?”
“Not all of them were obtained in June.”
“Then please tell the court the dates they were obtained?”
“I cannot access all the statements on which the dates are written.”
“You cannot access all the statements that are here or some are left behind in the station?”
“I cannot access all the statements that are here.”
“Was the cautionary statements and the voluntary statements of Edrissa Jobe in June 2016?”
“I don’t know.”
“How many cautionary statements were obtained from Mr Jobe?”
“I don’t know how many statements were obtained from Mr Jobe.”
“Now the voluntary statement of the 1st accused was obtained at the NIA headquarters. Is that correct?”
“Why was it obtained at the NIA office?”
“I will not be the appropriate person to answer the question.”
At this point, lawyer Tambadou urged the court to impress on the witness to answer the question, the witness was given exhibit J4.
“Why did you move from your station to go and record the statement at the NIA?”
“I was only sent to go to the NIA.”
“Can you tell the court the officers that took part in the investigations?”
“I believe it was PW1, Bakary Darboe and co.”
“How many officers took part in the investigation?”
“I don’t know.”
“Mr Manneh, you are not telling the court the truth when you say that you do not know the officers or how many officers who took part in the investigation?”
“In my capacity, I won’t lie to the court.”
Lawyer L.S. Camara, defence counsel for the 2nd, 3rd, 5th 9th and the 10th accused persons was assisted by lawyer Ebrima Sanneh, who conducted the cross-examination on behalf of the team.
“This was not the first time you recorded statements from accused persons?”
“That is quite right.”
“May I know the time you have spent in the police force?”
“I think you know the procedure in obtaining cautionary and voluntary statements?”
“You told the court, during your testimony, that you duly cautioned the 2nd accused, did you still maintain that evidence?”
“What were the cautionary words that you read out to the 2nd accused?”
“That you need not to say anything, unless he wishes and that whatever he says will be taken down in writing and used against him.”
“You are aware, as the officer that cautioned the 2nd accused, you were supposed to have written your name on the cautionary statements?”
“It is supposed to appear, but if it does not appear it is not a problem.”
“Take a look at exhibits K1, K2 and K3. Are these the cautionary statements you recorded from the 2nd accused?”
“I went further to record exhibit K4 and K5.”
“Out of the statements, K1, K2, K3, can you show the court where your name appeared?”
“My name appeared only in exhibit K5.”
At this juncture, the presiding Judge adjourned the case until 28 and 29 November 2016.