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THE STATE VS. DARBOE & 18 OTHERS

21ST JUNE 2016.

Court Registrar called case.

All accused persons are present in court.

Court – Let the accused persons sit.

Appearances:

S.H Barkun (DPP) with M B Abubacarr; A Adeyemi; E.R Durgan; M. Singhateh and A. Yakubu for the state.

No appearances is entered for the accused persons.

DPP – May I call PW10.

PW10 entered the witness box and the Oath by the Qur’an.

DPP examined PW 10:

Q – Tell this court your name?

Ans – Saikunding Bojang

Q - Where do you live?

Ans – I live at Cassa Kunda.

Q – What is your occupation?

Ans – I am a Police Officer.

Q – Where are you attached?

Ans – Police Headquarters, Banjul

Q – What is your rank?

Ans – First Class

Q – Do you know the accused persons or any one of them?

Ans – Yes. I recognize one of them.

Q – Who do you recognized?

Ans – Ousainou Darboe.

Q – Apart from Ousainou Darboe, who do you identify?

Ans – Yes I can identify another

Q – Do you know one Lamin Jatta?

Ans – Yes. I know him.

Q – Cast your mind back to the 19th April and tell the court what had happened with you and the Lamin Jatta.

Ans – Yes sometime in …

Q – How do you come to know Lamin Jatta?

Ans – I was at the police Headquarters, Banjul. I was informed by my commander to go to PIU headquarters in Kanifing to record statements. Upon arrival I was advised to caution Lamin Jatta before recording his statement. I read the cautionary statement to him. When he understood what I read then I write his statement. That’s what happened between me and Lamin Jatta.

Q – If you see these statements can you recognize them?

Ans – yes I will recognize them.

Q – Have a look at these statements and tell the court if these are the statements you recorded.

Ans – (Witness looked at the statements). Yes these are the statements.

Court Interpreter showed the statements to the name accused person, but the named accused person did not respond.

DPP – My lord I wish to tender these statements to be admitted in evidence.

Court – In the absence of any response, the cautionary and voluntary statements of Lamin Jatta are admitted in evidence and marked exhibit …

DPP – My lady that’s all for this witness

Court – Ask the accused persons if they have any question for the witness.

Court Interpreter – Asked the accused persons if they have any question for the witness?

None of the accused persons responded.

Court – Yes. Please

DPP – In the absence of cross-examination, May I apply for the witness to be discharged?

Court – Application for the witness to be discharged is granted, PW10 is hereby discharged.

DPP – My next witness PW11 is late. If we will be granted 15 minutes stand down.

Court – application for stand down is granted, this case is stood down for 15 minutes.

Court resume from stand down:

DPP – PW11 is here.

PW11 entered the witness box and take the Oath by the Qur’an

DPP examined PW11:

Q – Tell the court your name?

Ans – My name is Sarjo Bah.

Q – Where do you live?

Ans – I livedat Brikama Jalanba

Q – What is your occupation?

Ans – I am a police Officer.

Q – Do you know the accused persons?

Ans – Yes. I identify four of them.

Q – Who do you identify?

Ans – Fakeeba Colley, Joguna Suso, Mamadi Fatty and Dudu Ceesay.

Q – cast your mind back to the 16th and 19th April 2016, and tell the court what happen with the accused persons.

Ans – on the 16th April 2016, when I reported to work at the serious crime unit police headquarters in Banjul, I was told by my boss to go to the PIU headquarter at kanifing and take the statements from these four accused persons. When I arrived there, I called them by their names and took cautionary statements and voluntary statements from each of them. Before taking the statements, I read the cautionary words to them and I translated it in Mandinka, which they acknowledge that they understood it. Some of them thumb printed, while others signed their statements. Then I took their statements upon recording their statements I read it to them over to them when they confirm it then I signed it.

Q – If you come across these statements, how will you identify them?

Ans – I will identify them because I appended my signature.

Q – Have a look at this and tell the court if they are the statements you recorded.

Ans – These are the statements

DPP – My lady I apply to tender the statements to be admitted in evidence.

Court – Ask the accused persons whether they have any objection.

Court interpreter asked the accused persons, if they have any objection.

None of the accused persons responded.

Court – In the absent of objection, the statements of Dudu Ceesay is admitted and marked exhibits 19A and B; Mamadi Fatty exhibits 20 A and B; Joguna Suso exhibits 22 A and B; Fakeeba colley 21 A and B.

DPP – My lady that’s all for this witness

Court – Ask them if they have questions for the witness.

Interpreter asked the accused persons if they have question for the witness.

None of the accused persons responded.

DPP – I apply for the witness to be discharged.

Court – Application for the discharge of the witness is granted, the witness is hereby discharged.

DPP – May I now apply for this matter to be adjourned to Thursday. If we do not have additional witness, the prosecution will close its case.

Court – If we have to do it on Thursday, we will do it earlier because. … We can do it at 11 am.

DPP – It is not convenient we can moved it to Monday.

Court – I still hold that we can come back on Thursday at 11 o’clock.

DPP – We have the same matter coming up at the Court of Appeal on Thursday at 10 o’clock.

Court – case adjourned to 27th June 2016 at 12 noon for continuation of hearing.




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