The nine former national intelligence officers who are standing murder trial including Yankuba Badjie, former Director General, Louis Gomez, former Deputy Director General, Sheikh Omar Jeng alias Sir Jeng, former Operation Director, Babucarr Sallah, Yusupha Jammeh, Tamba Massireh, Haruna Suso, Lamin Darboe and Lamin Lang Sanyang were slammed with 19 additional charges added to the 6 previous ones.
The charges include murder, conspiracy to commit grievous harm, accessory after the fact to murder, forging, making documents without authority, fabricating evidences with intent to mislead a tribunal in judicial proceedings, disobedience to statuary duty, abducting in order to torture and murder and abducting in order to subject persons to grievous harm among others. They took plea before Justice Kumba Sillah Camara of the Banjul High Court. All the accused pleaded not guilty.
Antouman Gaye, Prosecutor General described the ninth accused person Lamin Lang Sanyang as a terrorist telling the court to revoke his bail, saying the amended charge incriminates him with 5 counts which is different from the previous charges where he was charged with lesser counts. He urged the need to review his bail as the amendments has taken away his bail.
“There is no bail any longer,” Prosecutor General Gaye said.
The trial judge urged him to make a formal application before adjourning the case to November 2, 2017. Previously, Justice Sillah Camara made a ruling on section 175 of the Criminal Procedure Code cited by the defense saying it does not waive the provision of the public prosecutor to act on behalf of the Attorney General Chambers as the section cannot be read in isolation. She dismissed the objection of the defense on private prosecutors acting on behalf of the Attorney General Chambers. She urged the accused persons to take plea on the next adjourned date.
Ibrahim Jallow, defense counsel of the 3rd accused (Jeng) made objection prior to the ruling of the judge about the signing of the charge sheet by private prosecutor. He referred to section 175 (d) of the Criminal Procedure Code that requires the Attorney General or any professional staff under the office designated to sign on behalf of the AG Chambers.
He submitted that the Prosecutor General, Antouman Gaye does not have the constitutional mandate to sign off on any information on behalf of the AG Chambers.
“There is no law that says a private prosecutor can sign on behalf of the Attorney General,” Lawyer Ibrahim Jallow submitted.
Jallow submitted that the charges were not properly brought before the court and that the accused ought not to take a plea. He urged the court to strike out the entire charges. Lawyers Mene, P. Gomez and Uzoma aligned themselves to his submissions.
Antouman Gaye, Prosecutor General submitted that section 175 cannot be read in isolation. He referred to section 175 (d) saying they were authorized by the Attorney General.
“We are not private prosecutors but appointed as public prosecutors,” Antouman Gaye said.
Gaye referred the court to section 66 of CPC on their appointments while arguing that the objection of the defense is frivolous without merit and urged the court to dismiss it.
Meanwhile, the court made a ruling in favor of the prosecution but told them to provide all copies of the amended documents and exhibits including witness statements to the defense. The case was adjourned for continuation of plea taking.
