Oct 26, 2009, 2:48 PM
defence counsel B.S. Touray, in the case involving 14 supporters of the United
Democratic Party (UDP), yesterday challenged the testimony of a PIU officer,
Sub-Inspector Samba Bah, before Justice O. Ottaba of the Special Criminal
The accused persons are Bakary Jammeh, Kaddy Samateh, Lele Bojang, Alkali Sanneh, Yaya Fatty, Muhammed Singhateh, Kemo Touray, Bakary Marong, Buba Mass, Alagie Saidykhan, Tombong Njie, Modou Sarr, Sheriff Suma, and Lamin Dampha
They are being tried on a seven-count charge of conspiracy to commit a felony, unlawful assembly, and riot, incitement of violence, interfering with vehicles, holding a procession without a permit and disobeying an order to disperse.
When the matter was called, counsel B. Jaiteh and E. Sanneh appeared for the state, whilst H.S. Sabally, B.S. Touray, C. Gaye and A. Njie represented the defendants.
Under cross-examination, B.S. Touray told the witness: “You will agree with me that during this period there is high state of alert in the PIU?”
“We are always alert, not only that time.”
“Are you aware that on this day some people were arrested along Kairaba Avenue?”
“No, I am not aware.”
“It is correct that Kairaba Avenue was already patrolled by PIU?”
“I am not aware.”
“Are you aware that arrests were made at Westfield and Cooperative Junction?”
“I am not aware of Westfield and Cooperative Junction, but ICE Man.”
“I am putting it to you that people were arrested at Cooperative, Kairaba Avenue and Westfield Junction?”
“I am only aware of ICE Man.”
“I am putting it to you further that some people who were going on about their normal business, and in their private cars, were also arrested.”
“All the people we arrested were arrested at the ICE Man Junction.”
“I am putting it to you that you never told the court, in your evidence-in-chief, that you impounded vehicles at ICE Man Junction.”
“I don’t know anything about impounding vehicles. We only arrested people.”
“Will you agree with me that, in your evidence-in-chief, you never told this court that you arrested vehicles at the ICE Man Junction?”
“I know nothing about impounded vehicles, and it is not part of my evidence-in-chief.”
“I put it to you that all the people you arrested were going about their normal business.”
“No, because they were blocking the highway, creating violence and insulting.”
“It is correct that you personally did not quarrel with anyone on the street.”
“It is true that you do not have any personal problem with any member of the crowd before this day.”
“No, I don’t have any personal problem.”
“It is also correct that commander Saine did not have any personal problem with anyone before this day.”
“I don’t know.”
“Did you see your commander quarrelling with anybody in the crowd?”
“No, officers don’t quarrel.”
“Have you ever encountered and had experience with someone abusing your parents, whom you have problems with before this day?”
“Do you accept the fact that majority of the accused are older than you?”
“Has it ever happened in your life that you had a problem with someone whom you insulted and abused his parents?”
“Have you ever encountered a scenario were an elderly member of the community will stand in public to cast insults?”
During re-examination, state counsel B. Jaiteh asked: “Have you ever heard people who are affiliated to political parties making insults.”
“We are objecting to the question. This question does not arise from cross-examination. There is no line of ambiguity in the answers given by the witness under cross-examination. What my learned friend is asking is eliciting fresh evidence,” said B.S. Touray.
The trial judge disallowed the question.
Hearing continues on 15 November 2016, at 4pm.