Jabang Alkalo Ends Evidence-in-Chief in Lawyer Moses Richards’ Case

FOROYAA Newspaper (Serrekunda)

Mamadou Dem

28 April 2011

Pa Ebrima Colley, the second defence witness (DW2) on Thursday 21st April ended his evidence in chief before Acting Principal Magistrate Alagbe Taiwo Ade of the Banjul Magistrates’ Court, in the case of Barrister Moses B Johnson Richards, who is charge with giving false information and sedition.

Antouman Gaye, Senior Counsel representing the defence asked the witness to look at exhibit A3 and to tell the court whether it was the letter written by Richards on his behalf. In response, Colley told the court that it was the letter written by the accused person on his behalf and that a copy was given to him by the accused person for his own personal use.

“Do you stand by the context of exhibit A?” asked Gaye.

“Yes” replied DW2..

“Is there anything in exhibit A3 that you did not agree with?”

“No. Everything in this lette,r I was the one who told him” said Colley.

Lawyer Gaye further told DW2 that as a result of writing the letter (Exhibit A3) his counsel is charged before the court for giving false information and sedition. “Did you give your lawyer any false information?” he asked. “I did not give him any false information. All what I told him was something that had happen” replied DW2.

“Do you stand by each and every word in that letter (Exhibit A3) written by your lawyer?”

“Yes”. Colley added that the incident occurred in Jabang village in 2007 and that there were some people in the village whose properties were damaged and also lost their money. He said some people’s doors got damaged.

When asked by the defence whether he can give examples regarding those who had experienced damages and losses, the witness replied in the affirmative. He said one Ma Abdou Jammeh, whose things were thrown, had some of his properties damaged and also lost some money, the amount of which he could not remember. He said Ousman Senghore lost plenty of money when his belongings were thrown outside but did not know how much the amount was. He listed Amadou Colley as another victim whose door got damaged and that he also lost his mother’s money in the process.

“Did any of them make a statement at the Police about this incident?” asked Defence Lawyer Gaye.

“Yes. They went to the Press” replied the witness.

“Did they make any statement at the NDEA?”

“Yes” replied Colley. DW2 further told the court that he cannot remember the month in which the incident happened.

“This incident that took place in Jabang, was it reported anywhere in our local media?” asked Gaye. “Yes, it was published in the newspapers.”

“Do you recall any particular newspaper that published this incident?”

“That year, it was published by the Daily observer.”

“Did you see the publication yourself? “

“Yes. I saw it.”

“Did you buy a copy of the Observer publication on the incident?”

“Yes.”

“Did you keep it?”

“Yes.”, replied Colley. He added that he still has the copy of the newspaper and that it was with him in court.

When the witness took out the copy of the Daily Observer dated on a Monday June 11 2007 with issue number 0796-0832, Gaye asked him whether it was the paper he was talking about and he responded in the affirmative. He said this incident in Jabang was reported in the said newspaper that that was why he kept it.

At this juncture, Defence Counsel Gaye applied to tender the copy of the Daily Observer newspaper for identification purposes. It was admitted and marked as ID2.

CROSS EXAMINATION OF DW2 BY STATE COUNSEL ABI

Under cross examination, the second defence witness (DW2) told the court that it is correct that the person who called him to the High Court wanted to help him execute the court judgment.

“The Sheriff whom you said you met tried to help you by telling you to look for a lawyer?” asked Abi.

“It could be possible”, replied Colley. He added that the person who asked him to write a letter within three days was not him but he asked me to go and look for a lawyer. He said Pa Harry Jammeh told him that he has only three days to write the letter.

The state counsel asked the witness whether he can you read and write.

Colley said he cannot read and write but that he has someone in his community who can do so.

“Both the Sheriff and Pa Harry did not tell you to write an ordinary letter but to get a lawyer to write for you?”

“Yes.”

DW2 said the letter he wanted someone to write for him was to asked for a stay of execution of a court judgment.

At this juncture, the matter was adjourned to Thursday, 28th April for continuation of hearing.

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