THE STATE V OUSAINOU DARBOE AND 19 OTHERS
Transcript of proceedings of 9th June 2016.
Before Justice Dada Case called
APPEARANCE
THE STATE
SH BARKUM – Director of Public Prosecutions (DPP)
MB M. B. ABUBAKAR – Deputy Director of Public Prosecution
B DRAMMEH – Bubacarr Drammeh
DPP: My Lord, this matter is for hearing. Subject to your convenience, we are ready to proceed.
Court – Ruling
Since the Defence Counsels for the accused persons walked out of the court in yesterday’s proceedings. The accused persons are charged with offences to which the accused persons can defend themselves in the absence of their counsel. Therefore the case shall proceed.
WITNESS SWORN ON THE QURAN IN ENGLISH
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DPP |
What is your name? |
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WITNESS |
My names are Deputy Superintendent Musa Sanyang |
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DPP |
Where do you live? |
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WITNESS |
I live in Farato |
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DPP |
What is your occupation? |
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WITNESS |
I am a Police Officer. |
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DPP |
What is your rank in the Police? |
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WITNESS |
Deputy Superintendent of Police |
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DPP |
Which unit of the Police are you attached to? |
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WITNESS |
The Police Intervention Unit. |
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DPP: |
Do you have any particular or special designation in that unit? |
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WITNESS |
I am the Officer Commanding Operations. |
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DPP |
Can you tell the Court the nature of Police Intervention Unit? What do you do as officers of the PIU? |
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WITNESS: |
Our roles are many. One, we are responsible for public disrupt when it happens. |
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DPP |
Are you responsible for public order? |
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WITNESS |
Yes sir. |
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DPP |
What other things form part of your duties? |
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WITNESS |
Patrol duties and guarding the VIP and other security duties. |
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DPP |
Is there any other thing apart from what your mentioned? |
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WITNESS |
Sometimes we guard high-profiled cases to prevent violence. |
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DPP |
Do you know or recognise the accused persons? |
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WITNESS |
I know some of them. |
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DPP |
Who is the person you recognise? |
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WITNESS |
I recognise Ousainou Darboe. |
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DPP |
What do you say about the faces apart from Ousainou Darboe? |
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WITNESS |
Some others. |
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DPP |
Do you know the reason why they are in court? |
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WITNESS |
Yes I know the reason why they are in court. |
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DPP |
Cast your mind back to the 16th day of April 2016 and tell the Court what you can remember pertaining to this case? |
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WITNESS |
On the 16th April 2016, whilst at our base PIU Kanifing, we got an intelligence report that there were people violent at Kairaba Avenue and are planning to make a protest march. Therefore, a riot team of police officers were deployed along the Kairaba Avenue. |
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DPP |
Where were you when the team was sent to Kairaba Avenue? |
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WITNESS |
I was part of the team. We were to monitor the situation. We are on patrol and proceeded to Kairaba Avenue Police station and we were on stand-by there. Whilst on stand-by with my men, I received information that the people at Kairaba Avenue had moved on foot to a larger number protesting towards Westfield. There, I and my team quickly got on board our truck at Kairaba station and immediately followed the protesters along Kairaba Avenue up to somewhere around Comium Headquarters. We saw that the traffic was completely at halt- blocked and cannot pass through. And then we managed to take another route and overtook them up to a distance of 200 meters. We were in front of them and alighted from the truck and were formed up with our riot gears. |
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DPP |
What is a riot gear? |
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WITNESS |
That is our batons, assault gears, assault rifle. As they are coming about to reach to us. I first of all ask them if they have the permit. |
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DPP |
How did you do that? |
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WITNESS |
I did that by using a PA system. |
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DPP: |
What is a PA system? |
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WITNESS |
A big Mic. A public Addressing System. They failed to produce a permit and I quickly used the public proclamation words to them. |
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DPP |
What are the Public Proclamation words? |
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WITNESS |
In the name of the Islamic Republic of the Gambia, all persons assembled here are ordered to disperse peacefully and to go to their lawful business. Persons who did not disperse will be liable to disperse by force. |
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DPP |
So after the public proclamation words, what happened? |
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WITNESS |
After the public proclamation words were read to them, the protesters insist and still go ahead with the march of which the riot police did not give them the chance to go on with the march. |
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DPP |
So what happened? |
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WITNESS |
In that situation, the protesters started throwing big stones on us the riot police. There the riot police also responded and used minimum force on them by using our tear gases on the protesters. That was the time some of them started dispersing and running. But with all that we were able to arrest a number of them at the scene. |
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DPP |
Who were the protesters you arrested at the scene? |
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WITNESS |
I said earlier Ousainou Darboe was there. |
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DPP |
Why did you arrest them? |
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WITNESS |
Because as the unit responsible for maintaining public order at that point in time, the security and peace of the country was at stake. People were running. Businesses were closing their shops and the traffic was obstructed. And even the shops around that end or areas, most of the glasses were broken by the stones from the protesters. Also during the process of that protest, some of my officers sustained injuries. Some of them have seals. As a result of the stoning from the protesters. Because of our swift intervention, after arresting a good number of them, then they were calm down with the intervention of the police. |
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DPP |
Can you tell the Court the way and manner the accused were conducting themselves? How were they marching? |
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WITNESS |
They were in lining-up formula and holding each other’s hands. |
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DPP: |
What is lining-up formula? |
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WITNESS |
Meaning they were in lining-up formula holding each other’s hands tightly and matching. |
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DPP |
What other things happened or you can remember? |
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WITNESS |
Apart from what I said, I can’t remember anything. |
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DPP |
Who were the members of your team when all this happened? |
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WITNESS |
Some of them- Chief Inspector Sarjo Camara, Sub-Inspector Colley, Sub-Inspector Mustapha Sowe, Corporal Ousman Jammeh and others. |
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DPP |
That’s all for the witness, my Lord. |
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JUSTICE DADA |
Yes, cross- examination by the accused persons. |
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OUSAINOU DARBOE |
From the first day of my appearance with my colleagues in court, every human right, procedural right protection provided by the Constitution and other laws has been ignored. I appealed to the court to use your discretion judiciously and judicially. I have been a legal practitioner for 43 years and I should know when discretion is exercised judiciously and judicially. When the case was called this morning and you ruled that since the defence counsels walked out of the court in the previous sitting, the accused person should represent themselves. The proper thing was for the court to have asked if the accused persons wish to hire the services of another counsel of their choice. The court should not have imposed on us to defend ourselves. That is a denial of our rights. In view of this, my Lady, we will not take participate in this trial to legitimise our pre-arranged conviction. |
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JUSTICE DADA |
I want to ask you this question: Are you speaking the minds of the 19 accused persons? |
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OUSAINOU DARBOE |
This is political trial involving me and my people. Thus, we are not taking part in the case to legitimise our pre-arranged conviction. |
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JUSTICE DADA |
In light of the accused persons not cross-examining the witness, the witness is discharged. |
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DPP |
Since the 1st accused is not counsel, the court should ask each accused person about his position. |
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OUSAINOU DARBOE |
I am not counsel but I speak for my people. |
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CLERK |
ReadS the names of each accused persons and asked if they have anything to say. All the accused persons remained silent after each accused person’s name was called by the Clerk of the Court. |
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DPP |
My lord, we apply for an adjournment for continuation of hearing. |
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COURT |
Case adjourned to 13th June 2016 for continuation. |
Incredible , lawyer Darboe has demonstrated once again what a true patriotic should do . He speak for his people and will die for them . The shameless judge has no choice but adjourn the case again . Let the defense team stay away .
just wondering what the tactic is in this trial. What I think they are doing is to delay the process so that pressure from within and outside would eventually save them from prison. However, for lawyers to withdraw from case and accused persons also refuse participation will make the trial to end quick while all the evidence in court would be against them can be somewhat dangerous in a Kangaroo court like this.
I think Darboe should take the bull by the horns and defend himself and his colleagues since this is a political trial rather than allowing only the prosecution to bring all the evidence against them to rely on to make judgment.
Just contemplating.
Yero Ba , you thinking like criminal supporter but not rule of law supporter . What a Shame
Yello, I am getting unease about your attitude to Mr. Darboe and his people. Reading between your lines, I can see that you would like to see Darboe and Co rot in prison. Hence your ridiculing of their stance.
The strategy is very simple. The prosecution is delaying the trial deliberately with the intent to decapitate the party. Darboe would be foolish to lend hand in that endeavour. For the future tale of this fight, it is honourable not to participate in the “kangaroo” trial and stay in jail.
Lawyer Gaye and team walked out for a reason.
I do deduce – albeit ironically- that you would like to see an amicable trial and at end of which the entire UDP heavyweights get sentences and thus can’t participate in the election. I think you will not get both. You will get the election. But UDP must not make it easy and remain defiant and concentrate on the long haul. Which is is the total eradication of impunity in our country.
Wallaihi, True shall come to the light. Even this crooked Judge Dada herself knows that this case is not but a pure witch hunting political case. This is purely Dictator tyrant YAHYA AJJ JAMMEH scheme of instill fear and make all Gambians to be silent for all his rubbing ,stealing, murdering , torturing , illegal arrest and detaining innocent Gambians and non Gambians just to remain in power as long as he wants. But Allah is not sleeping and he will never sleep. One day dictator YAHYA AJJ JAMMEH and his inner circle will be just like Pharaoh’s life end example. This Nigerians judges are crooked and pleasing dictator YAHYA AJJ JAMMEH. They don’t exercise their professional ethics but just look after money by denied justice to innocent Gambians arrested for no reasons but because of their parties affiliation.
Let the defence lawyers who walked out stay away from this case and allow lawyer Darboe himself stand against this crooked Dpp Barkun and his crooked Nigerian judge Dada. The whole world knows that this case is nothing other than political case just Dictator tyrant YAHYA AJJ JAMMEH motive of silent his political opponents and continue ruling Gambians with iron fist and steal the Gambians money. That’s it.
I think this is a good idea. Darboe as an experienced lawyer and one who is thoroughly conversant with the laws and the constitution should use the court as political platform.
Let his lawyers stand aside and leave this platform to him. They can be in court but let Darboe bring out the political nature of this case.
Max you people are the real Gambian problem attributing heroism to people who ends up in jail whilst you live in your comfort zone. It is a blessing that the opposition leaders are not swayed into action by your rubbish.
Malamin , if your father was murdered by the regime or if your sister was sexually assaulted , I am pretty sure you won’t called us the ” problem of The Gambia ” . We are simply fighting for justice and rule of law , udp and peaceful protesters were fighting for justice for all . You took your damn eyes off the ball , who is kiling your fellow citizens but you can dishonesty blame us .cant you take one minute and put yourself in the positions of thousands of victims . Without us , Jammeh would have killed more than he killed already . So in your narrow mind , you think it is ok for Jammeh to kill people . What is wrong with you , I am sure pdois disciples and Jammeh’s thugs are working together .
Max contrary to your beliefs, you people have made Jammeh more lethal than he would have been. There is nothing stopping Jammeh from doing what he wants to do and if provoked further he will do more than he has done. If Justice and rule of law cannot be fought inside The Gambia but outside, then it shall certainly be won outside but not inside. It is only those in the gambia who can do the fight and no one else. Where are the numerous associations by anti- Jammeh? Some have since disintegrated and others are picking -up’ their pieces without any effect on Jammeh.
Edi boy, I am saying the same thing that i think Darboe should take on the case and defend his supporters and himself and not to allow this criminal prosecutors to have an easy ride but i still experience resistance from Mr. Max. I do not understand why.
Max, you are a very negative individual who is opposed to all ideas good or bad. What is wrong with you?
Yero , only fools will listen to you and your fellow confused and demented disciples . I don’t know what you are rejoicing . It is sad you call yourself an opposition but you are even worst than Aprc supporters , at least some of them keep quite but you are running your mouth like a crazy person .
I believe Lawyer Ousainou Darboe is doing just as he supposed to under the circumstances; the political barbarities unfolding in this humanity crimes against Gambians & UDP are here for all to see except the “ostriches burying (their) heads in sands”….?
Undoubtedly the unravelling of events, when defenseless citizens exercised our (their) democratic God-given constitutionally enshrined rights, to demonstrate against political reforms (which were) refused by yaya EVIL jammeh; when (yaya) have tampered with the same constitution numerously to alter provisions in (its) own favours; when the same (similar) demonstrations have been sanctioned & (been) held by aprc on yaya jammeh’s say so…..??
For those of us selfishly exploiting the murderous oppressive status quo including yaya jammeh itself, mercenary judiciary & politicians the temporary gains are the ONLY materialistic endeavours ( for them) by all means & (at) all cost; whilst for the oppressed Gambian masses & humanity at large (who really are) the very victims at the receive end of the injustices, are all motivated by the realistic peaceful coexistence in continuity (as) required in liberation, necessitated by pungent levels of yaya jammeh misrule & criminal barbarities…???
Certainly the struggle & Gambia is plagued by two frontiers which are to overcome for successful liberation; (1) the criminal common enemy in yaya KILLER DEVIL jammeh, who is a threat to (us all) the Gambia & subregions which MUST have to be stopped by ALL means; & (2) the opposition moles who necessarily oppose (yaya) & (are) active (pretentiously) in the struggle but rather for their exploitations in short-term partisan gains instead of the realistic long-term communal fraternity liberation for peaceful coexistence continuity, justice, harmony & tranquillity, etc etc…..
Currently the Gambia is bestride by LIES, falsehood, evil barbarity & murder (by yaya jammeh, supporters & opposition enablers) vs TRUTH, God & the Gambia oppressed masses & victims, subregions & the international community as global humanity village; CERTAINLY there can be only ONE (oppressed masses) winner; the truth will be victorious no matter (any) how (long) it takes; just matter of time….
Long live the Gambia…