Yankuba Touray Former AFPRC member and Fatoumatta Jahumpa Ceesay Former Speaker of the National assembly Friday 22nd MArch, 2019 at Kanifing Magistrate Court.
The duo pleaded not guilty to the charge of ‘conspiracy to commit felony, contrary to section 368 of the criminal code Cap 10:01 volume 3 laws of the Gambia, and interfering with informants or witnesses’ contrary to Section 36(a) of Truth Reconciliation and Reparation Commission Act, 2017, respectively before Principal Magistrate, Isatou Janneh Njie of the Kanifing Magistrate’s Court.
when the case was called, defense Counsels Abdul Aziz Sissoko, Lawyer L.S Camara and K. Jallow announced their presence while ASP Almameh James Manga announced his presence for the prosecution. The prosecution informed the court that they have filed fresh charges against the accuse persons following the withdrawal of the initial charges. Both the first and second accused person Yankuba Touray and Fatoumatta Jahumpa Ceesay pleaded not guilty to the charges, which prompted defense attorneys Abdul Aziz Sissoko and L.S Camara to apply for their clients to be on bail in order to prepare them for fair trial and protection of law in line with Section 24 of the Constitution, they submitted that the offence charged is a bailable offence.
In response to the defense Counsels submissions, Assistant Superintendent of Police (ASP) Almameh James Manga argued that the offence despite being a bailable offence is a serious offence. He submits that he would respect the Court decision in the event it wants to grant bail.
In her ruling, the presiding magistrate after listening to both parties granted the accused persons bail in the sum of one million with two Gambians as sureties. Meanwhile, in his evidence Alhagie Kanyi who appeared as witness told the court that sometime in the month of January 2019, the 2nd accused person Fatoumatta Jahumpa Ceesay allegedly called him on his phone number 7633692 and asked him if he has been called by the TRRC.
The witness said he responded in the affirmative. He said she further asked if his mother is still alive which he also answered in the affirmative. At that juncture, he said she told him to always treat her well and seek for her prayers. He also alleged that the 2nd accuse told him that she was travelling to Dakar but will send him something when she arrives in Dakar.
Asked by state counsel ASP Manga, whether he has ever spoke to the 2nd accused person prior to that call, the witness answered in the negative. Further testifying the witness alleged he received a call from the 1st accuse person later that day at around 8pm asking him if he has been called by the TRRC. The witness said he responded in the positive. He alleged that the 1st accuse told him that the TRRC has a mandate of only 2 years and that he should not mind them.
The witness said he called the 2nd accuse on the following and asked him about the captured soldiers who were allegedly summarily executed in November 1994. He alleged that the 1st accuse told him not to worry as he was a junior officer. He also alleged that the 1st accuse person had asked if he did not mention the incident that took place at his house in 1995 to the TRRC, he responded in the negative. The trial has been adjourned to Tuesday April 4th and Friday April 5th 2019.
Meanwhile, the particulars of offence state that on count one Yankuba Touray and Fatoumatta Jahumpa Ceesay on or about the 5th day of January 2019 at Kanifing and Diverse places conspired amongst themselves to influence, discourage or stop Alhagie Kanyi a potential TRRC witness from testifying and did call him for that purpose.
The particulars of offence on count two states that Yankuba Touray on or about the 5th of January at Kanifing and other diverse places with intent to obstruct, or interfere with the work of the TRRC called Alhagie Kanyi a potential TRRC witness through his mobile number 7877948 and told him not to mind the commission as they cannot do anything which act suggest or amounts to interfering with the work of the commission in the discharge of its functions thereby committed an offence.
And the particulars of offence on count three state that Fatoumatta Jahumpa Ceesay on or about the 5th of January at Kanifing and other diverse places with intent to obstruct, or interfere with the work of the TRRC called Alhagie Kanyi a potential TRRC witness and told him not to mind the commission as they cannot do anything which act suggest or amounts to interfering with the work of the commission in the discharge of its functions thereby committed an offence.
Meanwhile Magistrate Janneh granted bail to the accused persons in the sum of 1 million dalasi with two Gambian sureties and they have been asked to submit their travelling documents. The case will resume on Tuesday 2nd and Friday 5th April 2019 for continuation.
By: Ansumana S.O Nyassi
The duo pleaded not guilty to the charge of ‘conspiracy to commit felony, contrary to section 368 of the criminal code Cap 10:01 volume 3 laws of the Gambia, and interfering with informants or witnesses’ contrary to Section 36(a) of Truth Reconciliation and Reparation Commission Act, 2017, respectively before Principal Magistrate, Isatou Janneh Njie of the Kanifing Magistrate’s Court.
when the case was called, defense Counsels Abdul Aziz Sissoko, Lawyer L.S Camara and K. Jallow announced their presence while ASP Almameh James Manga announced his presence for the prosecution. The prosecution informed the court that they have filed fresh charges against the accuse persons following the withdrawal of the initial charges. Both the first and second accused person Yankuba Touray and Fatoumatta Jahumpa Ceesay pleaded not guilty to the charges, which prompted defense attorneys Abdul Aziz Sissoko and L.S Camara to apply for their clients to be on bail in order to prepare them for fair trial and protection of law in line with Section 24 of the Constitution, they submitted that the offence charged is a bailable offence.
In response to the defense Counsels submissions, Assistant Superintendent of Police (ASP) Almameh James Manga argued that the offence despite being a bailable offence is a serious offence. He submits that he would respect the Court decision in the event it wants to grant bail.
In her ruling, the presiding magistrate after listening to both parties granted the accused persons bail in the sum of one million with two Gambians as sureties. Meanwhile, in his evidence Alhagie Kanyi who appeared as witness told the court that sometime in the month of January 2019, the 2nd accused person Fatoumatta Jahumpa Ceesay allegedly called him on his phone number 7633692 and asked him if he has been called by the TRRC.
The witness said he responded in the affirmative. He said she further asked if his mother is still alive which he also answered in the affirmative. At that juncture, he said she told him to always treat her well and seek for her prayers. He also alleged that the 2nd accuse told him that she was travelling to Dakar but will send him something when she arrives in Dakar.
Asked by state counsel ASP Manga, whether he has ever spoke to the 2nd accused person prior to that call, the witness answered in the negative. Further testifying the witness alleged he received a call from the 1st accuse person later that day at around 8pm asking him if he has been called by the TRRC. The witness said he responded in the positive. He alleged that the 1st accuse told him that the TRRC has a mandate of only 2 years and that he should not mind them.
The witness said he called the 2nd accuse on the following and asked him about the captured soldiers who were allegedly summarily executed in November 1994. He alleged that the 1st accuse told him not to worry as he was a junior officer. He also alleged that the 1st accuse person had asked if he did not mention the incident that took place at his house in 1995 to the TRRC, he responded in the negative. The trial has been adjourned to Tuesday April 4th and Friday April 5th 2019.
Meanwhile, the particulars of offence state that on count one Yankuba Touray and Fatoumatta Jahumpa Ceesay on or about the 5th day of January 2019 at Kanifing and Diverse places conspired amongst themselves to influence, discourage or stop Alhagie Kanyi a potential TRRC witness from testifying and did call him for that purpose.
The particulars of offence on count two states that Yankuba Touray on or about the 5th of January at Kanifing and other diverse places with intent to obstruct, or interfere with the work of the TRRC called Alhagie Kanyi a potential TRRC witness through his mobile number 7877948 and told him not to mind the commission as they cannot do anything which act suggest or amounts to interfering with the work of the commission in the discharge of its functions thereby committed an offence.
And the particulars of offence on count three state that Fatoumatta Jahumpa Ceesay on or about the 5th of January at Kanifing and other diverse places with intent to obstruct, or interfere with the work of the TRRC called Alhagie Kanyi a potential TRRC witness and told him not to mind the commission as they cannot do anything which act suggest or amounts to interfering with the work of the commission in the discharge of its functions thereby committed an offence.
Meanwhile Magistrate Janneh granted bail to the accused persons in the sum of 1 million dalasi with two Gambian sureties and they have been asked to submit their travelling documents. The case will resume on Tuesday 2nd and Friday 5th April 2019 for continuation.
By: Ansumana S.O Nyassi