Murder Suspect Stabbed Himself Because He Thought His Victim Have Died

A prosecution witness on Tuesday told a High Court in Banjul that Arona Tine, who is charged with the murder of a staff of a Bureau de Change, confessed to him that he stabbed himself because he thought the victim was dead. Arona Tine, a Senegalese national is charged with the murder of one Fatoumata Kargbo, a staff of Hm Bureau Exchange de Change in Westfied. Counsel Drammeh continued to lead Landing Jallow (PW 6), a CID officer from Serekunda West station, in his evidence in chief. Questioned by Counsel Drammeh about the interaction with the accused after recovering the dress from the crime scene, Officer Jallow testified that he was informed that the accused was being admitted to the Ndemban Clinic. He said he proceeded to the clinic. Upon arrival, he met some PIU officers at the clinic and introduced himself as an officer from Serekunda West station that was at the clinic to see the accused person. He added he was allowed to enter the clinic and he found the accused lying down. He said upon introducing himself as Officer Jallow from Serekunda West station and he was there to have information about him (the defendant), he said the defendant identified himself as Arona Tine from Wulinkama and said he is a Senegalese and an electrician. He said he engaged in a conversation with the accused about what happened, but before the accused (Tine) answered his question, he (the accused) asked him about the deceased and whether she was alive. He said based on the situation he found the accused, he didn’t tell him that the deceased was dead.

He testified that when he asked the accused (Tine) why he stabbed himself. The accused expressed concerns about the deceased and revealed stabbing himself, because he thought the deceased was dead. He added that the accused told him that he left his bag with money at the Bureau de Change. He said the accused told him that his bag was containing 110,000 and wanted to transfer 100,000 CFA to Senegal. Officer Jallow said he suspended the questioning because of the condition he found the accused, but informed him that the bag was in his possession, adding he told him that the amount he was talking about was not in the bag. CID Jallow further testified that his interaction with the accused resumed when he was discharged from hospital, adding he and the accused later interacted at the Serekunda West Station with Divisional Crime Officer D.C.O Sonko , and an independent witness Ebrima Janneh (a JP officer) present. He said they communicated in Wollof language. Officer Jallow testified obtaining a statement from the accused, but said he first introduced himself as Detective Sergeant Landing Jallow. He added he told the accused he was going to record his statement about what happened. He said he read the cautionary wording to him and interpreted it in the Wollof. He added he obtained a cautionary statement from the accused, where the accused narrated the events. The statement was then read back to the accused for confirmation and he thumb printed. Counsel F. Drammeh asked the witness whether he would recognize the statement if shown to him, and he replied positively that he would recognize it through his handwriting, phone number and signature. Counsel F. Drammeh handed over the statement to the witness for identification and the witness confirmed the statement as the one he obtained from the accused. Defense Lawyer O. Susso objected to the prosecution’s application to tender the statements of the defendant, citing concerns about the voluntariness of the statements due to alleged threats and intimidation meted out to his client. Lawyer O. Susso contended that the information gathered from the accused is that he was threatened and intimidated by Landing Jallow (PW6) and his colleagues to make the statements without an independent witness. Lawyer O. Susso sought a voir dire (mini-trial) to establish the statement’s voluntariness, which was granted by Justice Jaiteh. In the voir dire the witness CID Landing Jallow took an oath to speak the truth. In his testimony, he introduced himself as Sergeant Landing Jallow, a resident of Latrikunda Sabiji, and said he has been a police officer for 13 years. In his testimony, he stated that he recognized the accused person and recalled that after the accused was discharged, he was detained at the Serekunda West station. He said after the accused was removed from the cell he was incarcerated, he informed him of his intention to obtain his statement. Jallow testified that his interaction with the accused took place around midday, with the presence of his DCO Sonko, Chief Inspector Elizabeth Silver, CIP Marenah, Corporal Faye, and an independent witness (Ebrima Janneh). Jallow further testified that he introduced himself to the accused, read cautionary wording to him, and interpreted it in the Wollof language. When asked if he had said anything beyond the cautionary wording to prompt the accused to give the recorded statement, Jallow replied that he simply discussed the events that occurred. Regarding the room and seating arrangement during the statement procedure, Jallow described it as being in the CID officer’s minimum-size room, equipped with four tables. He sat at the far right corner facing the accused, with Elizabeth Silver seated next to him while the statement was obtained. Jallow expressed confidence in recognizing the statement if shown to him, based on his handwriting, number, and signature. Counsel F. Drammeh then presented the statements to the witness for identification, which the witness confirmed as the statements obtained from the accused. The case was adjourned to the 7th of October for the cross-examination by Lawyer O. Susso in the voir dire

Appointment of 5 ATI commissioners Confirmed

Lawmakers yesterday confirmed and approved the appointment of five commissioners for the Access To Information (ATI) along with a proposed package remuneration. The motion was presented by Dr. Ismaila Ceesay, the minister of Information, on July 8th. The Assembly then referred the report to the Standing Committee on Public Appointments for thorough scrutiny. The report, after the scrutiny, was presented by Hon. Allagie Mbow – a committee member. Following Hon. Mbow’s presentation, the members debated on the proposed remuneration whether to restrict the commissioners from working for other institutions or not. Hon. Mbow highlighted that the committee recommends that the Ministry of Finance and the Personnel Management Office (PMO) come up with a guide or policy document for determining the remuneration of Commissioners across all Ministries, Departments and Agencies (MDA). “The Committee observes and recommends that the Minister for Information looks into Section 46 of the Access to Information Act 2021 - limitation on outside work – which states that a commissioner shall not hold any other job, occupy or engage in any trade or profession for financial gain.” The committee believes this section limits potential commissioners from serving on the Commission and could restrict competent people from outside work. Hon. Mbow emphasised that the commissioners are full-time employees with restrictions on engaging in outside work. Therefore, there is a need for a revised base salary adjustment to reflect the commissioners' expertise and responsibilities. “Additionally, performance-based incentives should be implemented to promote transparency and regulatory compliance, and benefits and allowances should be provided to support the commissioners in carrying out their duties,” he added. However, Deputy Speaker Seedy Njie raised concern over the issue of Section 46 of the ATI, limiting the commissioners. According to him, these commissioners, if Section 46 is amended as implied by other members, it would encourage a conflict of interest. “The commissioners are prohibited from paid work and should focus on their duties, striving to recruit highly qualified individuals. It is crucial to support the Commission in performing diligently and following the law, as this will benefit all stakeholders,” Hon. Njie argued. He requested the committee chair to review Section 46, pointing out that some commissioners are involved with media houses. Hon. Lamin Cessay argued that it would not be fair to limit the commissioners from working elsewhere. The commissioners are: Nene Macdouall-Gaye - Chairperson John Charles Nje - Vice Chairperson Baboucarr Cham - Member Bai Emile Touray - Member Ya Amie Touray – Member

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.