Tuesday, 23 December 2008
By Ismaila M.S. Naban
BANJUL, The Gambia - The criminal Appeal of the nine MDFC rebels who were convicted in the Gambia on various criminal offences, is expected to resume at the High Court in Banjul , on 15 December 2008.
The case could not proceed at the last adjourned date, November 21, because the presiding judge Hon. Mr. Justice Joseph Wowo, a Nigerian National was said to be sick. The appelllants (now eight in number as one is pardoned) were present in court escorted by prison warders from the Mile 2 Prisons in Banjul.
It could be noted that the nine members of the Movement of Democratic Forces of Cassamance (MFDC) who represented themselves throughout the trial at the lower court, were early this year convicted and sentenced by Magistrate Mr. Kayode H.Olajubutu ( a Nigerian ) Magistrate at the Banjul Magistrates’ Court, to various imprisonment terms, ranging from one to five years, without any option of a fine. The MFDC in Cassamance has been struggling for independence from Senegal.
The nine convicts, namely Sidat Jarju (alias Abuja), Ebrima Viex Colley (alias Abelemden), Nuha Jammeh (alias Assambane), Lamin Taewo Sambou, Ansumana Jarju, Tamsir Badjie, Joesph Jatta, AbdouSalam Jammeh and Wuyeh Jarju (alias Hendricle Mendy)- all arrested in the Gambian soil- were charged with conspiracy to commit felony (terrorism activities); spying (on the Gambia); receiving stolen properties (military equipment); and illegal transfer of firearms, inter alia, contrary to the Laws of The Gambia.
But the ninth convict, Wuyeh Jarju, was said to have been part of the prisoners who benefited from this year’s Presidential pardon of prisoners.
It could be refreshed that Magistrate Olajubutu, in delivering his verdict before a crowded courtroom-mainly dominated by family members of the convicted rebels- had said inter alia that, the accused persons had admitted in their cautionary statements that they are non-Gambians; that they are from Cassamance, in Senegal.
While noting that Abdou Salam (8th acused) did not admit this in his cautionary statement, but he said he had admitted under cross-examination by theDPP, that he is a citizen of Cassamance.
So, the magistrate had said pursuant to their plea on Count 6, it’s logically to conclude that all the accused had Gambian documents that permitted them to enter the country like Gambian citizens.
Olajubutu had also noted that the accused, in their cautionary statements, each gave an account of how he acquired the documents.
Noting that their cautionary statements had implicated them enough, the trial magistrate has also said, that coupled with their testimonies, established that they had unlawfully entered the Gambia .
However, he said there was a frivolous attempt by the 9th accused (Wuyeh) to deny the charge, when he said he entered the Gambia with a laisse-passe.
Olajubutu described that as an afterthought, and he held that the prosecution had discharged the burden of proof against the 2, 3, 4, 5, 7, 8, and 9th accused persons despite their denial of the charge.
And he said sentencing on Count 4 would be passed on them simultaneously with that of the 1st and 6th accused who pleaded guilty to entry in the Gambia without a permit lawfully issued.
On Count 5- Illegal transfer of firearms- brought pursuant to the Arms and Ammunition Act, it could be recalled that the magistrate in evaluating the evidence adduced before him, had among other things, said it was pertinent to note that all the accused are self-confessed members of the MFDC rebel movement operating in Cassamance.
He also averred that the prosecution witnesses gave evidence touching on firearms.
That PW1, Salifu Nyang (who’s part of the investigators) tendered the statement of Sidat Jarju (1st accused) and it was admitted.
The Magistrate had read out the portion of the said statement wherein the 1st accused said the “Group of Five”- which he’s part of – discussed with the 9th accused (Abdou Salam) for him to buy arms and ammunition for them; and they gave him money for that purpose.
He also quoted PW2, Amadou Sanyang, a Police Officer, who testified that Abdou Salam had told him that he is not a member of the MFDC; but rather he is their marabout. And that the 8th accused had given the names of the Group of Five based in the Gambia .
The prosecution witness was further quoted as saying that the 8th accused also told him that he (8th accused ) was given money by the ‘G5’ so as to buy arms for them.
Having dissected the entire evidence, he convicted and sentenced Sidat Jarju to 2 years imprisonment on count 1; one year on count 2; three years on count 3; six months on count 4; six months on count 5; and six months on count 6.
He said Sidat is therefore sentenced to a cumulative period of 6 years 6 months, less by the one year he spent under detention.
This means he would now have to spend 5 years and 6 months in jail- sentences to run consecutively, without an option of a fine.
The 2nd accused is sentenced on:
Count 1 - 2 years
Count 2 - 1 year
Count 3 - 2 years
Count 4 - 6 months
Count 5 - 6 months
Count 6 - 6 months
He was consequently sentenced to a cumulative period of 6 years and 6 months- minus the one year in detention. He was thus going to serve a cumulative period of 5 years and 6 months.
The 3rd accused had a cumulative period of 6 years and 6 months, less by the period he spent under detention, meaning he is to spend 4 years, 4 months in prison.
The 4th accused was sentenced to the cumulative period of 3 years – minus the one year he spent in detention. He is to spend 2 years in jail. But he was acquitted and discharged on counts 3 and 5.
Ansuman Jarju (5st accused) had cumulative period of 3 years less by one year. He’s to spend 2 years in prison, as he was acquitted and discharged on counts 4 & 6.
The 6th accused has 2 years imprisonment terms; the 7th accused has the total of 2 years; and the 8th accused has the total imprisonment terms of 4 years, 6 months; while the 9th accused is sentenced to one year. Their period of detention had been subtracted from their cumulative terms.
The 7th accused was acquitted and discharged on counts 3 and 5; while the 9th accused (Wuyeh) was acquitted and discharged on count 5. The appellants are currently serving their sentences at the Prison in the Gambia. They are now being represented in this appeal by a Gambian lawyer.
December 02, 2008
