Oct 24, 2013, 10:00 AM
In this edition we serialised the cross-examiniation of the three witnesses that had on Wednesday 7th April 2010 testified in the ongoing treason trial.
Below is the report in question and answer format of the cross-examination of witness Baluta Kanyi (PW4) by lawyer Sheriff Tambedou, he counsel for Lt. General Lang Tamba, the 1st accused person:
Q- When did you join the Gambia National Army?
Q- Have you ever bought your own uniform?
A- Only on mission in Sudan.
Q- You are also supplied with uniforms.
Q- You said that you received a call from the Provost Marshal. Did he speak to you personally?
A- He talked to me, personally.
Q- You said in your evidence-in-chief that you went to de-kit the 1st accused person. Was the de-kiting done in one residence?
Q- Was that the only de-kiting exercise that took place with the ex-CDS?
A- I only know of the one we conducted.
Q- You will agree with me that when you went to de-kit the ex-CDS, he was co-operative?
Q- Now there is a writing on the de-kiting form as 'last item.' What do you mean by 'last item?'
A- That is to close the page. No item can go in or out.
Q- The de-kiting form is dated 3rd of November 2009.
Q- The three items did not reflect on the de-kiting form?
A- Because we did not collect them.
Q- Do you know that Lang Tombo Tamba was relieved of his duty on the 9th of October 2009.
Q- Why did it take up to 3rd November 2009, for him to be de-kited.
A- I don't know.
Q- I put it to you that it was because of constant pressure from Lang Tombong, for him to be de-kited. This was why the de-kiting took place on the 3rd of November 2009.
A- I don't know.
Q- Do you know the normal procedure and time to de-kit an officer who was relieved of his duties.
A- I don't know.
Q- Was this the first de-kiting exercise you participated in?
Q- How many others have you been involved in?
A- I can't remember.
Q- Can you remember the time span of the relieving of those officers from their duties and when you de-kit them?
A- I cannot remember.
Q- I put it to you that when an officer is relieved of his duties, he is de-kited immediately.
A- That depends on the instructions.
Q- Since you joined the army in 1989, have you been promoted?
A- Yes, five times.
Q- Each time you are promoted, you have new uniforms?
A- No, promotion does not mean having a new uniform. I maintain my old uniform.
Q- You told the court that you bought a uniform when you go on mission in Sudan. If you are to be de-kited what will happen to those uniforms?
A- I will surrender.
Q- What happen if you are transferred from one unit to another, such as from the regular army to State Guard?
A- If I am transferred from one unit to another, they will give me a new uniform for the new unit.
Q- What happens to the old uniform then?
A- I will keep it.
Q- What happens if you are posted to another place, such as from Banjul to Basse. Do you get a new uniform?
A- It is the same thing as transfer or posting.
Q- Is there a manual in the GNA for de-kiting?
A- I have never seen it.
Q- The items you found with ex-CDS; they are normal military items?
Q- Did you see the ceremonial suit, diplomatic passport and the military ID?
A- No, I did not see them.
Re- examination by DPP:
Q- Now you said under cross-examination when somebody moves to another place, such as from the normal army to State Guard, he will be given a new uniform and then maintain the old one. Does he continue keeping the uniform after he has been relieved from service and de-kited? Will he continue to keep the uniform?
Below is the report in question and answer format of the cross-examination of witness Lamin Cham (PW5) by lawyer Sheriff Tambedou, the counsel for Lang Tombong Tamba.
Q- Inspector Cham, you said that the 1st accused person accepted and wrote a statement about the items found in his house. In that statement, did he explain how these items came about in his house?
A- I cannot remember, but the 1st accused person accepted that the items were found in his custody.
Q- Where did he accept it?
A- In his voluntary statement, that was marked as exhibit P2C, in which he said he acquired the items during his time in service.
Q- The empty cartons were not recovered from his house?
A- We did not find the empty cartons in his house.
Q- These items found at the first accused person's house were packed at the NIA?
A- Yes, for exhibition purpose.
Q- When you were packing the cartons, was it done in the presence of Lang Tombong?
A- It was done in his presence.
Q- I put it to you that these cartons were not packed in the presence of the 1st accused person.
A- They were packed in his presence.
Q- Who owns these books found in Lang Tombong's house?
A- They are owned by the GNA.
Q- You said you found ten ceremonial buttons in the 1st accused person's house. Do you know how many ceremonial buttons are worn in a ceremonial suit by the ex-CDS?
A- I do not know. I only know that of the police.
Q- You also said you found various military ranks. Do you know the first accused was once a Captain?
A- I do not know.
Q- I put it to you that he was once a captain in the GNA.
A- I never knew.
Q- Do you know that the 1st accused held the rank of a Major?
A- I don't know.
Q- Do you know that the 1st accused was once a Lt. Colonel?
A- I don't know.
Q- Do you know that the first accused was once a commander of State Guard for a period of six to seven years?
A- I knew during the course of the investigation, that the 1st accused was one time commander of State Guards. But I did not know how long he stayed there.
Q- I put it to you that the uniforms, t-shirt and other items confirmed to be found in his house are items expected to be found with him as ex-CDS.
A- These very items were to be returned on the very day of de-kiting to the GNA.
Q- Were you present at the de-kiting?
A- I was not present at the de-kiting. It was done by military officers.
Q- Do you know in which of the houses was the de-kiting done?
A- I was not there.
Q- You said when you arrived in the 1st accused person's house, you found a carton containing files and books. Do you know how that carton came about in the 1st accused house?
A- Initially no explanation was made as to how they came there.
Q- Mr. Cham did you ever made a statement in this case on 23rd November 2009.
A- Yes, I made a statement.
Q- Did you write a statement yourself?
A- Yes, I wrote a statement myself.
Q- In that statement did you say that the 1st accused explained how the carton containing files came about in his house?
A- In that statement, the first accused said that the carton was sent to him from his former office, but gave no further explanation.
Q- I put it to you that the 1st accused person gave you an explanation.
A- During the course of the investigation, we realised that the 1st accused person went to his former office on a Sunday, and when his presence was realised, he was asked to leave the office.
Q- In your statement, did you say you listed the items that were found with the first accused person?
A- Yes, I listed them.
Q- Did you list that you found 100 single-barrel live rounds?
A- No, I mentioned SB live rounds.
Q- The 1st accused made a statement on 21st November 2009 concerning his cautionary statement?
A- I did not record his cautionary statement.
Q- Do you know that the 1st accused made a cautionary statement?
A- Yes, he made but I cannot remember the dates.
Q- I am putting it to you that in the 1st accused's cautionary statement, he gave details and exhaustive explanation of how every item found in his house came about.
A- I did not record the statement.
Q- When you collected these items did you prepare an inventory?
A- We did not make an inventory. That was why I wrote my statement, where I listed the items.
Q- Did you show him the list of items that you wrote?
A- Yes, and he accepted.
Q- You said you showed him the items, and the list of items and then he accepted by signing your statement?
A- He did not accept by signing my statement, but by writing his own statement.
Q- On the 23rd November 2009?
A- I am not sure about the date.
Below is the report in question and answer format of the cross-examination of witness Sainey Ndure (PW6) by lawyer Pap Cheyassin Secka, the counsel for Omar Bun Mbye, Bo Badgie, Kawsu Camara, Ngorr Secka and Lie Joof.
Q- Mr. Ndure, did you say that you were among the panel investigating the alleged coup?
Q- Are you aware that the 6th accused was arrested on 16th December 2009?
A- I was not aware.
Q- I am putting it to you that Ngorr Secka was arrested on 16th December 2009.
A- I am not aware of the day he was arrested.
Q- Are you aware that the 6th accused made a statement on 24th December 2009?
A- I am not aware of any statement made on 24th December 2009.
Q- Were you present when Rui Jabbi Gassama was confronted with Ngorr Secka?
A- Yes, I was present.
Q- At the NIA headquarters?
Q- At the confrontation, did Ngorr Secka ask Rui Jabbi Gassama "what is my name?"
Q- Did Rui Jabbi Gassama say that the 6th accused person’s name is Gibriel Ngorr Secka?
Q- What was the name given by Rui Jabbi Gassama (the court asked this question)?
A- Rui Jabbi Gassama said that the 6th accused gave him a different name, but I cannot remember the name.
Q- Did Ngorr Secka asked Rui Jabbi whether he knew his residence in Bissau before the panel?
A- Not to my knowledge. I was not aware of it.
Q- Did Ngorr Secka asked Rui Jabbi what car he drives in Bissau?
A- That question was never asked in my presence.
Q- I am putting it to you that the question was asked, and Rui Jabbi Gassama said Ngorr Secka was driving a white car.
A- I am not aware of that statement.
Q- I am putting it to you that the question was asked, and Rui Jabbi Gassama said it was a white car. Ngorr Secka told Rui Jabbi that the car he was driving in Bissau was grey, and somebody in the panel came to Rui Jabbi Gassama's aid and said white and grey are the same.
A- I am not aware.
Q- Do you remember Ngorr Secka asking Rui Jabbi Gassama the kind of motor plate he (6th accused) was having with the vehicle he was driving in Bissau?
A- I cannot remember hearing this statement from Ngorr Secka.
Q- You said that you wrote the cautionary statement of the 6th accused person on 7th January 2010?
Q- Do you know that the 6th accused is literate?
Q- Do you know what happened to Ngorr Secka's hand; why he cannot write?
A- I do not know.
Q- I am putting it to you that you know.
A- I don't know.