Dioululung Resident Testifies In PIolice Shooting

The trial involving Ousainou Bojang and her sister continues in the high court of the Gambia. It could be recall that the duo are dacing trial after being accused of shooting and killing two police officers and wounding another and adding and aberting. Alfusainey Dari, a resident of ‘Diolulung’ in the Cassamance, Southern Senegal, who also works as a driver and garage chief testified in the police shooting case involving Ousainou Bojang. He revealed that he knew Mama Jabbi and his encounter with Ousainou Bojang (the accused person) in September 2023. Ousainou Bojang, a resident of Brufut, is facing charges of murder, attempted murder, committing a terrorist act and assault causing grievous bodily harm. His sister, Amie Bojang, is charged with accessory after the fact to murder. Alfusainey Dari recounted that Ousainou Bojang visited their garage in Diolulung and requested a seven-seater vehicle to go to Ziguinchor. However, they did not have a seven-seater available at the time, so he contacted someone named Jana and enquired about the fare, who quoted a fare of 2,500 CFA. Ousainou gave him 5,000 CFA for the fare, which was only 2,500 CFA. He further testified while Ousainou was sitting waiting he noticed Ousainou crying, and he (Mr. Dari) inquired about the reason, to which Ousainou informed him of having an issue with his white lady. Ousainou also expressed a desire to see a fortune teller. He then suggested to him to visit Mama Jabbi, a Gambian lady residing in Diolulung and a fortune teller. The witness said he arranged a motorcycle to take Ousainou to Mama Jabbi’s residence.

He stated that upon reaching Mama Jabbi's place, the host (compound owner) who is also hosting Mama Jabbi called him that Ousainou was crying and talking about killing someone. He (Dari) went to check on Ousainou and asked him what happened he (Ousainou) confessed that two people died at his hands and he told Ousainou his unwilling to bear that burden. He (Dari) was advised to report the matter to the military. Initially hesitant due to fear of mistreatment by the military, but eventually went to the head of the Senegalese Gendermarine to report and he was asked to return to the place to continue chatting with Ousainou Bojang. He testified that when he got back Ousainou was only saying killing. He added that he later returned to the Gendarmerie and this time they came together to arrest Ousainou. When questioned by the Director of Public Prosecutions to confirm his assertion that Ousainou told him two people had died at his hands. The witness reiterated that he met Ousainou on a Wednesday and Ousainou told him that he had killed two people the past day, Tuesday. The witness said Ousainou was talking about “killing” and it was the reason why he returned to the Gendarmerie to come for him. In response to queries regarding the caller from Mama Jabbi's residence, Mr Dari informed the court that it was Yaye Faal who was the landlady. He also stated that his occupation is a garage chief in Jujulung, Cassamance and the incident happened in September 2023 but he cannot remember the exact date. Under Cross-Examination by Senior Counsel Lamin J. Darboe, the witness said he reported the matter to Ababacarr Sarr, the head of the Gendarmerie. “When Ousainou met you at the Car Park in Diouloulou, was he crying?” Counsel Lamin J. Darboe asked. “After he gave me the money, he started crying,” the witness said. The witness was asked whether he made a statement to the police. He said the police asked him and he was responding to them. When asked whether he would be able to recognise the statement, he requested that it should be read to him and he would be able to tell whether it was what he told the police. “Is it correct that you gave your telephone number to the Gambia Police?” Counsel Lamin J. Darboe asked. “I did not give my number to anyone,” the witness said. The witness said when he sees his mobile number he will be able to recognise it. Counsel Lamin J. Darboe requested the police statement of the witness from the Giboro Police Station. It was provided by the prosecution. The witness said he signed and thumbprint the statement. “Is this your telephone?” Counsel Darboe asked. “Yes, this is my telephone number but I did not give it to them (the police),” the witness said. The witness identified the signature on the statement as his. The statement was admitted in evidence and marked as exhibit D15. Lawyer Darboe told the witness that he was not truthful in his testimony that Ousainou Bojang cried. The witness insisted that he swore to the Quran and he came from Casamance; and that he only narrated what he saw and heard. “I am putting it to you that you are not speaking the truth to the court. You told the court that Ousainou said he had a problem with his white lady,” Counsel Lamin J. Darboe said. “Yes, that was what he told me at the car park. When he got to the marabout, he said two people died in his hands yesterday,” the witness said. “You also said Ousainou looked worried that was the time you asked him what happened,” Lawyer Darboe said. “I did not say that, say what someone said,” the witness responded. The witness said he did not see Mama Jabbi and Yaye Faal (the landlady) recording the conversation with Ousainou. He added that the Gendarmerie did not record his statement “In fact, you said when Ousainou arrived at Mama Jabbi's place, Mama was the one who called you and asked you to call the Gendarmerie. Is that not the case?” Counsel Lamin J. Darboe asked. “No, it was Yaye Faal, who called me. In fact, both of them,” the witness said. “Mama asked you to call the Gendarmerie,” Counsel Lamin J. Darboe said. “I did not call the Gendarmerie. I took a motorcycle and went there,” the witness replied. “It was Mama who advised you to go and call the Gendermarine,” Counsel Lamin J. Darboe said. “Mama cannot ask me to do that. I don't do it. Because I don't know her, I know the Landlady,” the witness replied. “I am putting it to you that you know Mama Jabbi very well because you are the one who directed Ousainou Bojang to go to Mama because she is a marabout,” Counsel Lamin J. Darboe said. “I don't know Mama today and I don't know her tomorrow. I know the Landlady,” the witness said. Senior Counsel Lamin J. Darboe read a portion of the statement of the witness. He stated that he knew Mama Jabbie. The witness claimed that it was not what he told the police. He mentioned that it could be the Defence Counsel who wrote the statement. “You said Mama didn't tell you, but in your statement, you said Mama was the one who told you to notify the Gendarmerie,” Counsel Lamin J. Darboe told the witness. “It was the landlady who said I should go to the military but I told her that I am going to Gendarmerie,” the witness said. “I am also putting it to you that Ousainou did not give you 5,000 CFA,” Counsel Lamin J. Darboe said. “That's what Ousainou gave me,” the witness replied. “All that you said here, other than the fact Ousainou came to Diouloulou, is a fabrication,” Counsel Lamin J. Darboe told the witness. The witness insisted that his testimony was true. Counsel Lamin J. Darboe told the witness that Ousainou wanted to fix his relationship with his white lady and needed a fortune teller in that regard. “I only narrated what I heard and saw,” the witness said. “I am putting it to you that you are recruited by Mama Jabbi to come and fabricate here,” Counsel Lamin J. Darboe said. “I only said what I heard and saw,” the witness said. Director of Public Prosecution A.M Yusuf re-examine the witness. “Mr Dari, it is correct that before the day you met Ousainou Bojang, you had never met Mama Jabbi anywhere,” DPP Abdul Maita Yusuf asked. “I heard Mama Jabbi is a marabout in Diouloulou, I do see her but I don't know her. Is her Land Lady that I know,” the witness replied. The case was adjourned to Tuesday, 30 July 2024. Follow Everyone @highlight #courtreporting #factualnews #thenationeye

Courts Orders IGP to Return Aisha Fatty’s Vehicles and Phones

By Kemeseng Sanneh (Kexx) A High Court in The Gambian caital, Banjul, Friday ordered the Inspector General of Police (IGP) to return Aisha Fatty’s two vehicles and two iPhone mobiles. This Judgement stems from a civil suit filed by Fatty against the Inspector General of Police over the seizure of the plaintiffs two vehicles, and two mobile phones and her detention without trial. Barely 9 months after the police impounded the aforesaid items, Fatty chose to file a civil suit against the Attorney General and Inspector General of Police seeking four prayers: An order directing the IGP to handover the two vehicles to the first applicant (Aisha Fatty), an order restraining the IGP to handover the vehicles to any third party (Abdoulaye Thiam), an order declaring that the arrest and detention of the first applicant (Aisha Fatty) is unlawful and any other order deemed by the court. During the delivery of her verdict, Justice Alami Jawara confirmed that the vehicles in question are legally owned by Aisha Fatty as they are registered and cleared under her name. As a result, she directed the IGP to promptly hand over the vehicles and phones to Aisha Fatty. Furthermore, the Judge declared that Aisha Fatty’s detention by the police was without legal basis, hence emphasizing the unlawful nature of her arrest and detention

High Court Strikes Out UDP’s Case against Governors, Deputy Governors

By Kemeseng Sanneh (Kexx) Justice Aisatou Jallow-Sey of the Bundung High Court has struck out a lawsuit filed by five (5) members of the United Democratic Party (UDP) against governors and deputy governors of the regions. The court struck out the case because UDP failed to appear in court. The court found them wanting for not pursuing their case diligently. The UDP members and their lawyers were all absent and did not advance reasons for their absence. Justice Jallow-Sey further said the case was scheduled to resume on July 17, 2024, at 11:00 am. The court waited until 11:45 to accommodate them. Despite the delay in the start of the case, the UDP members and their lawyers did not show up. “I hereby struck out the case,” Justice Jallow-Sey pronounced. The UDP members challenged the appointment of the Governors and Deputy Governors of the regions, citing sections 123, 124 and 125 of the Local Government Act. They argue that anyone to be appointed as a governor or a deputy governor must come from the civil service as they placed heavy reliance on section 123 of the Local Government Act. Section 123 provides that “there shall be, for each of the Local Government Areas, except for the City of Banjul and Kanifing Municipal Council, a governor, who shall be a civil servant, not below the rank of a director in the civil service, appointed by the President.” The UDP members wanted the court to make a declaration that their appointments were unlawful, illegal and therefore null and void. They wanted the court to declare that they did not fulfil the requisite statutory (legal) qualification to be appointed to those positions as governors or deputy governors. Also, they wanted the high court to make a declaration for the governors and the deputy governors in the five cases to stop parading themselves as governors or deputy governors to also stop performing the functions of governor and deputy governor. The case was heard once in court and before the second hearing, the Government removed all the governors and their deputies. They were all integrated in the Civil Service of The Gambia as permanent secretaries and deputy permanent secretaries respectively.

Israel’s ongoing occupation of the Palestinian Territory is illegal

The Gambia Welcomes ICJ Advisory Opinion Declaring Illegal Israel’s Ongoing Occupation of the Palestinian Territories State House, Banjul, The Gambia welcomes Advisory Opinion from the International Court of Justice (ICJ) which conclusively states that Israel’s ongoing occupation of the Palestinian Territory is illegal under international law. H. E. President Adama Barrow, President of the Republic of The Gambia and Chair of the Organization of Islamic Cooperation, approved The Gambia’s participation in the Advisory Opinion proceedings. The Gambia’s participation consisted of a written submission and an oral presentation, delivered by Hon. Dawda Jallow, Attorney General and Minister of Justice, during the Court’s hearing on this matter earlier this year. I. The Gambia’s written submission argued four major points, all of which were accepted by the Court: first, that Israel’s occupation is illegal because it violates the right to self-determination of the Palestinian people; second, that Israel’s occupation is illegal because it constitutes a regime of apartheid; third, that Israel’s occupation is illegal because it violates the international law governing the use of force; and fourth, that Israel’s occupation must be brought to an end immediately. The Court found that the “sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.” It also found that “Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities”, a form of physical and juridical separation that “constitute[s] a breach of Article 3 of CERD [Convention on the Elimination of Racial Discrimination]”, which prohibits racial segregation and apartheid. The Court further found that Israel’s efforts “to acquire sovereignty over an occupied territory … is contrary to the prohibition of the use of force in international relations and its corollary principle of the non-acquisition of territory by force.” Finally, the Court determined that “Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible.” The Gambia welcomes this historic and momentous ruling from the ICJ and calls on Israel, all States, and the United Nations to abide by its findings and conclusions. The Gambia will continue its active efforts in the United Nations to uphold the rights of the Palestinian people under international law.

Committee Raises Concern About Incarceration Of Mentally Imbalance At Mile 2 Prison

A nascent body called the Judiciary Prisons Visiting Committee has on Friday expressed concerns about the decision of prison authorities to mix mentally ill people with those who are mentally stable in cells. The committee visited the State Central Prison at Mile Two on Friday, 12 July 2024. During their interaction with inmates and prison authorities, the team learnt that almost 20 inmates, who have mental health issues, were incarcerated in the same cells with other prisoners. Prison authorities informed the committee that some of the mentally ill people were returned to the prison after they set fire at the psychiatric centre. During the engagement, it was recommended that the Committee should work with prison authorities and the justice defenders to identify prisoners with mental health issues and take them to court on Monday before Justice Ebrima Jaiteh for him to assess their cases.

The Committee resolved that those who do not pose threat to society will be released on bail and placed under the custody of their families. They also said they will work with the Ministries of Health and Interior so that those who are deemed to be aggressive will be laced under proper care. The Committee stated they will report their findings to the Chief Justice. They told the inmates and prison authorities that they will address the issue of missing files and cases that are protracting in court. The team that went to Mile Two Prison was led by Justice Basiru V.P Mahoney of the Gambia Court of Appeal, Justice Ebrima Jaiteh of the High Court and Master of the High Court, Omar Cham

Girlfriend Says She Stabbed Her Boyfriend In Self Defense

By Kemeseng Sanneh (Kexx) Kumba Sinyan, accused of murdering her boyfriend, Lamarana Jallow, continued with her testimony in defence. She allegedly killed the late Lamarana Jallow by cutting his stomach with a razor blade. She denied the charge of murder and she is now stating her side of the story. She gave a detailed narration of her encounter with Lamarana resulting in his demise. She testified that she stabbed Lamarana inside the hostel room in self-defence because he was under the influence of drugs and penetrated her forcefully. Kamba said she was sealed by Dr Daffeh of Kanifing General Hospital. During her marathon testimony, Kumba said the idea of meeting at the Friendship Hostel located inside the premises of the Independence Stadium, Bakau, was conceived by Lamarana Jallow, renowned as Lama. The reason for their meeting was for her to shave Lama’s genital area, according to Kumba. She recounted that she spent almost the whole day talking to Lama over the phone since he was supposed to travel abroad for studies the following day. “In the morning, when I woke up, I saw his missed call. So, I called him back and we chatted. It went to the point where he told me that we needed to see each other and that he missed me ‘cleaning’ him,” Kamba said.

“What do you mean by cleaning him?” Senior Lawyer Sagarr Twum asked Kumba. “He meant he missed me ‘cleaning’ his private parts. That is for me to shave his private part,” Kumba replied. The meeting time according to Kumba was around 8 pm. She testified that the Hostel was their usual meeting place and Lama was the one who did the booking. “We have been meeting there several times,” she said. She said the receptionists at the hostel came to know them. “Was there any argument/problem between you before you met?” Counsel Twum asked. “No, everything was ok between the two of us. We did not have any arguments or disagreements,” Kumba answered. She gave a detailed testimony about her telephone conversation with Lama before meeting at the Hostel. Counsel Twum asked her how booking is made at the Friendship Hostel. “Lama was the one who made the bookings for the hostel room,” she said. She said when she was going to the hostel, she wore brown tights, a black shirt, a black hat, a black head scarf with a blue face mask, and brown slippers. She added that it was the usual way she used to dress when going to meet Lama. “What would you say to the suggestion that you put on those clothes as a disguise or to hide your identity?” Counsel Trump asked. “No that’s not the case,” Kumba said.

“While dressing up, did you take anything with you?” Twum asked. “I took along my cross bag, power bank, ID card, and money,” Kumba said. On her way to the hostel, Kumba said she passed by a shop and purchased a soap to use to clean Lama’s genital parts. “What else did you need to shave him?” Counsel Twum asked. “A shaving stick and razor blade,” Kumba said, adding that Lama was supposed to bring them. “Did you bring along any sharp objects or weapons to the hostel?” Counsel Trump asked. “No, I did not,” Kumba said. Lawyer Sagarr C.T Twum asked Kumba Sinyan to look at Exhibit K, which is the autopsy report, and asked whether it was correct. In Exhibit K, it was stated that recreational drugs were found in Lama’s system on the day of the incident. “That is correct,” Kumba said. “Did you bring along drugs or any harmful substances?” Counsel Twim asked. “No, I did not,” Kumba said. “Did it surprise you that drugs such as the one that you said Lama was selling were found in his system?” Counsel Twum asked. “No,” Kumba said, adding “Because our first issues were as a result of it and he used to sell it.” “Do you remember the charges levelled against you?” The Lawyer asked. “Yes,” Kumba said. “It says with Malice aforethought you intentionally killed lama, Can you tell the court if you intended to kill lama?” Counsel Twum said. “No, it was not my intention,” Kumba replied. Kumba narrated how she entered the Hostel passed through the reception and met Ensa Touray (PW3), who is a receptionist. Another person she knew at the Friendship Hostel was Demba Bah. She explained that she sometimes does the booking for a room and at times Lama used to do that. On this particular day, she said Lama made the booking. Kumba proceeded to Room 111 where she found Lama inside and waiting for her. “What happened after you went into the room?” She said. “We chatted, I was sitting on the bed while Lama was leaning on the table. We talked about his travels as well as my business. After a while, Lama went and undressed himself then came back and lay down on his back in the bed. By then I was sitting at the edge of the bed. From there, I took out the blade from the pack brought by Lama. It was not in a new packet. The shaving stick was the local one that you attach the blade to. “Look at Exhibit H4 which is the razor packet and Exhibit B2 is the razor blaze in blue and white? Exhibit F2 is the inner and outer cover of the Razor blade. Can you tell us if those were the razor and cover that Lama brought?” Counsel Fwim. “Yes,” Kumba replied. “Can you tell us what you did with the soap that you brought?” Twim asked. “I used the soap along with water to apply on his private part. I took a blade and fixed it to the shaving stick and then I started shaving him,” Kumba said. She added: “Lama was naked and lying on his back while I shaved him, but I did not remove my clothes. I don’t know how long it took, but we were chatting as well. After I finished, we both went into the toilet where Lama took a shower while I poured the water into the sink. I left Lama in the toilet and went back to the room. It was hot so I took off my tights and shirt while I stayed in my underwear and bra. I lay in the bed while Lama came out of the toilet, turned off the light, and lay on top of me. He told me that he would be leaving, but if I dared cheat on him while away he would know about it. I told him I would not do that, but let him also make sure he does cheat on me as well. He threatened me that if I was with someone else, he had friends here and he would know. I told him he would meet me the same way he left me. He then told me that he wanted us to have sex, but I told him that we could not because I had sealed myself. He then took his hand and pressed it on my neck while he was also trying to force himself to have sex with me as he was trying to insert his private part in me through the sides of my underwear as I was wearing underwear. I told him that what are you doing? You are hurting me. He kept repeating that if I tried to cheat on him he knew, but kept pressing me trying to enter in me. I told him that ‘you are wounding me’ but he never listened as he was forcing me to have sex with me. I then realised he was serious. I felt pain because I could feel that his penis had gone into my vagina.” “You have explained that even though you had your underwear on and you were sealed he still managed to penetrate you,” Counsel Twum said. Kumba answered in the positive, adding that it was not the first time Lama tried to force her into sex. She said she suspected that Lama was under the influence of drugs. She added that Lama used to behave that way when he used drugs. She testified that Lama continued to force himself on her despite telling him to stop because he was hurting her. She added that Lama’s act reminded her of her Uncle, who raped her in Senegal, and Lama himself for his previous forceful penetration. “When he did that it reminded me of the past about what my uncle did and what he (Lama) also did to me previously. I then struggled to get my phone while he was forcing himself on me. I tried to get my phone but by then my phone was on the bed to call. At the time the only thought I had was if I didn’t defend myself, he would hurt me. I tried to reach my phone but I couldn’t. So, I got the blade and hurt him with it. At the time, I didn’t know where I hurt him because it was dark at the time. Then, I realised that he was a bit relaxed on top of me. I pushed him and he fell on the bed. I tried to escape, but he got up and came after me, by then I was by the wall and he took my head and banged it on the wall. We kept going back and forth, then he slapped me but we kept fighting and my head scarf fell from my head. We both fell on the ground with our heads in the toilet room while our legs were facing the room. He fell on his back while I was on top of him. As I was struggling to escape because he held me, I was trying to defend myself, I saw a broken tile so I pulled it towards me and then I held it with my left hand and then I stabbed him with it,” she said. Kamba said the situation was a matter of life and death, so she had to defend herself. “I tried to get up on top of him. I pressed both of my hands on his stomach while I was getting up. I saw that his body was bleeding. I turned on the light then I saw that his body had injuries while looking at his stomach, I saw his intestine out,” Kumba said. “Can you tell us what was the cause of his intestine coming out?” Counsel Twum asked. “I believe it was because of the way I pressed on his stomach while getting up that’s why his intestine came out,” she said. “You told the court that you didn’t realise where you wound him,” Counsel Twum. “Initially, when I cut him with the blade, I did not know where but when I turned on the light I realised that it was on his stomach at the time. It was not a life-threatening injury,” she said. She said during the fight, she did not realise that the wound was serious. “There were injuries on his body, chest and stomach. He got those injuries when I stabbed him again,” she said. “What happened next?” Counsel Twum asked. “I dragged him then sat on the ground and put his head on my lap. He told me to forgive him, and I told him ‘Lama don’t go and leave me here’. But he kept telling me to forgive him and that he would die,” Kumba said. Kumba said she never had the intention to kill Lama, adding that she used to love Lama with her whole heart. “After it happened, did you not run out to ask for help or go to the hospital?” Counsel Twum asked. “I could not because I was shocked that’s why I didn’t call for help. I have never been in this situation. It has never happened to me,” she said. Kumba added: “He started shouting, I was scared and didn’t want people to meet me in the room. So, I took my scarf and put it in his mouth,” she said. “I then picked up my clothes from the bed and left the room. I passed through the reception and met people sitting outside,” Kumba said. Kumba’s phone was tendered and admitted in evidence after claiming that she needed it to provide the court video and pictures as evidence. A video was played in court showing the late Lama begging her and pleading for her forgiveness. This was after an incident with Lama resulting in her miscarriage. Kumba Sinyan produced the video on the phone and handed the phone to her defence lawyer, who handed it to the court to view and the prosecution counsel. The case was adjourned to Wednesday, 16th July from 10 am to 12 pm for continuation.