Mar 9, 2010, 2:31 PM
Lawyer L.K. Mboge Monday continued his defence testimony at the Banjul Magistrates’ Court before acting-Principal Magistrate Taiwo Alagba.
Continuing his defence, Lawyer Mboge told the court that he called Saikou Barrow, the prosecution witness number four (PW4) and his father to come to his office so that they could go over the file, because Saikou did not understand the process.
He added that he read the affidavit to Saikou Barrow, and his father instructed him to proceed with the affidavit if that was the only way they could regain their compound.
Mboge further asserted that, the next day, he received a telephone call from Foday Makalo to come and see him at the Police Station in
LK Mboge adduced that upon his arrival at the Banjul Police Station, he saw Saikou Barrow sitting next to Makalo, and Makalo told him that Saikou had lodged a complaint that he (Mboge) had prepared a false affidavit, and he should withdraw it.
He added that he informed Makalo that it had been withdrawn from the court, and they requested the copy, adding that he went to the high court to obtain the copy, and it was signed by the judge and he brought it to Makalo.
Still testifying, Mboge told the court that PW4 argued that the order was not sealed, and that the next day he took back the order to the High Court and got it sealed.
DW1further adduced that the agreement was that if he brought the withdrawal, they would pay the fee and withdraw the complaint.
“I thought that was the end of the case, but Makalo obtained a cautionary statement from me,” he continued, adding that the cautionary statement was altered by insertion of names, and the signature of the independent witness, arguing that there was no independent witness.
Mboge added that, one day, he received a telephone call from Makalo, notifying him that the matter was going to court.
He added that, later, the President of the Gambia Bar Association, Sheriff Marie Tambedou and Pap Cheyassine Secka, met with Barrow at the OC for prosecution’s office, Kinteh, in order not to take the matter to court.
He said Saikou refused, but at the office of Sheriff , he had agreed to withdraw the complaint, because a withdrawal letter was written and signed by Saikou Barrow.
He further said that, the next day, Saikou went to the Banjul Police Station to withdraw his withdrawal letter, and was later called to be informed that the matter had been registered.
The case was at this juncture adjourned till 4 July 2011, for cross-examination.