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Friday, June 04, 2010Omar Bun Mbye and BO Badjie, the second and third accused persons respectively at the ongoing three counts criminal charges of treason filed in against them and six others by the state before the High Court presided over by Justice Emmanuel Amadi, yesterday started their testimony.
The two mounted the witness box one after the other at the end of evidence adduced by the former chief of Defence Staff (CDS) of Gambia Armed Forces (GAF) first accused Lang Tombong Tamba. The evidences of the two ex-military officers covered their lives as military officers in GAF, their work relationships and operations within the GAF, the day each of them enlisted in the GAF, the alleged November 2009 coup plot and the 21st March 2006 foiled coup among others.
The first to give evidence was Omar Bun Mbye the second accused person in the trial. He said he resides in Brusubi Housing Estate and enlisted in GAF on the 30th of January 1985 and that apart from the military he has never done any other work. According to Omar Bun Mbye, he served in GAF for 24 years and as a military officer, he dedicated his life to the security of people. Mr Mbye revealed that at one time he served as the director of operations and training of GAF and also acted as the acting deputy CDS of GAF, while the then deputy CDS was on an overseas course.
"My lord I served as the acting deputy CDS of the GAF from 2008 to the 9th of October 2009 when I was removed from GAF. As the acting deputy CDS, I maintained a close working relationship with the former CDS of GAF, the third accused, Bo Badjie and the fourth accused, Kawsu Camara. The first accused as my superior, related with me only on the day-to-day work of GAF and other national events and we do communicate through mobile phones," O.B Mbye explained to the court. He further explained his military work relations with both the third and fourth accused persons.
Work relations with the 3rd and 4th accused
According to the second accused, O.B Mbye, the nature of his work relations with the third accused BO Badjie covered the day-to-day operations of GAF and other national events and that their means of communication was a mobile phone.
Mbye revealed that he relates to the fourth accused Kawsu Camara only on issues relating to national events. When asked by the defence counsel, PC Secka to cast his mind way back to the 21st of November 2009 and tell the court what happened, The ex-military officer said among other things that on the day in question, about 1;00am while he was sleeping, he heard a knock on his compound gate after answering to the calls he realised that it was National Intelligence Agency (NIA) officers, who told him that he was wanted at the NIA headquarters in Banjul.
"I went with them, but instead of going straight to the NIA office, I was taken to the State Central Prison at Mile 2, where I spent two weeks before I was taken to the NIA office. At the NIA office I appeared before a panel comprised of the director general (DG) of NIA and others. The first question the panel asked me was about my close associates in military and the civil populace or community and I told them that I maintained a close working relationship with personnel in the GAF including the former CDS Lang Tombong and my close friend is a civilian called Pa Babou Loum, who is residing in Kerr serign," O.B Mbye stated.
He revealed that the second question the panel of investigators asked him was whether he spoke to the former CDS Lang Tombong Tamba and he told them he has never seen or spoken to him since his dismissal from GAF. Commenting on the visit to Lang Tombong?s residence, O.B Mbye further adducing his evidence-in-chief before the crowded court filled with relatives and security personnel, said he once visited the Kololi residence of the former CDS, Lang Tombong Tamba on the day of Koriteh in the year 2009. According to him, the said visit was part of tradition in GAF to visit the CDS after the prayers so that they can pray for each other, as well as the president of the Republic and commander-in-chief of GAF.
"My lord I was at the Kololi residence of the former after the prayers on the Koriteh day with Brigadier General Ousman Badjie and Brigadier General Ebrima Bah. We prayed for each other and the president and commander-in-chief of the GAF H.E Sheikh professor Dr Alhagie Yahya Jammeh as well as for the country," O.B Mbye told the court and denied having any work relations with the fifth accused person Modou Gaye.
He told the court that the last time he saw the fifth accused was at the world cup trophy show held at the Independence Stadium in Bakau, but they did not speak to each other. He further denied having any contact with the sixth accused Ngorr Secka, the seventh accused Abdoulie Joof and the eighth accused person. "I have no contact with the said accused persons even by telephone. However, the eighth accused, Youseff Ezzedine used to attend military functions, but I had no contact with him. My second trip to the NIA office was one week after the first trip and this time round the panel mentioned one Ebrima Sanyang to me and I told them that I have never seen him and I have never spoken to him at all.
The Ebrima Sanyang was later brought and he confirmed to the panel that he (Ebrima) has never seen me, but instead he said I look like one Nigerian to him. I came to know this Ebrima Sanyang when he testified in the court here as PW1 and he identified himself as Ebrima Marreh", the second accused, OB Mbye explained. He said when Ebrima Sanyang confirmed to the panel that he has never seen or spoken to him, members of the panel laughed. Continuing his testimony, Mr Mbye told the court that the panel of investigators asked him about the funeral of the late father of Lang Tombong held sometime in September 2009 in Sifoe Village, Kombo South of the Western Region.
"I told the panel that I attended the funeral together with other service chiefs, ministers and diplomats and the last question the panel asked was about the Officer's Mess in Kotu and I told them that I only visit the Officer's mess whenever I took food away either alone or with my family as well as with my civilian friend Pa Babou Loum," Mbye said and denied ever being confronted with any information by the panel.
The second accused recalled that on the first of February 2010, he and the seventh accused were removed from their cells in Mile 2 Prisons around midday and taken to the office of the DG of NIA, where senior NIA officers were present. "My lord, with the permission of the court, I can write down the names of officers present in the said office at the time. The DG of NIA then apologised to me for our long detention and he told us to take it in good faith. The DG of NIA also mentioned that H.E the president and commander-in-chief of the GAF Sheikh professor Dr Alhaji Yahya Jammeh has approved our release.
The DG of NIA further explained that the decision of the panel was not taken by him alone, but the panel is a team and that the whole panel decided that we are very clear, me and the seventh accused Abdoulie Joof, and they have nothing against us and that was what the decision the panel wrote in their recommendation and after me and the seventh accused were released and we were allowed to go home," O.B Mbye narrated to the court and further recalled that on the 2nd of February 2010, while he was having his breakfast, he received a telephone call requesting him to report to the office of the NIA.
"I told the caller you just released us yesterday, hope everything is alright and he (the caller) told me that the DG of NIA wanted to talk to me. I then hired a taxi and drove to the NIA office. I was waiting in the office of operations at the NIA from morning up to 6:pm in the evening. The director of operations told us that we have been asked to report back by the DPP, but they as the investigating body and as far as they are concerned they have nothing against us and they don't know why the DPP is requesting for us to come back, but he promised to be knocking on the door of the DPP. Later in the evening we were taken to Mile 2," Mbye said.
The trip to the DPP's office
According to the second accused, OB Mbye, on the 10th of February 2010, he and the seventh accused were again removed from their prison cells in Mile 2 and taken to the office of the DPP and he was the first to enter the DPP's office and the DPP told him that he (the DPP) was not happy about our release because he was having a case file with him, as such he (the DPP) advised the president and the minister of Interior about our re-arrest. Mbye added that the DPP then produced an NIA form and asked him to accept his involvement in the alleged coup plot on the ground that if he (O.B Mbye) accepted his involvement he (the DPP) will release him with immediate effect.
He said the DPP mentioned a container of arms in Guinea Bissau and he responded that nobody ever mentioned a coup plot to him, and that even the NIA investigating body released him because they said they have nothing against him. "I told the DPP that I love and cherished H.E the president and the commander-in-chief of the GAF. I further told him that I am a very loyal and obedient citizen of this country. The DPP said he don't know but he has a case and he will take the case to the court," O.B Mbye told the court. When asked by the defence counsel PC Secka as to what the PW1 Ebrima Marreh said in the court on the 22nd of March 2010, the second accused replied that the PW1 said he doesn't know him.
The DPP objected to this question, but the defence counsel PC Secka told the court that the accused persons have been charged with one of the serious offences known in the Criminal Code of The Gambia and therefore the need for them to have adequate legal representation. The presiding Judge allowed the question and the second accused OB Mbye further responded that on the 23rd of March 2010, the PW1 Ebrima Marreh identified him (OB Mbye) as the second accused person in the court.
At that juncture O.B Mbye identified his statement, which was marked as exhibit E10. Responding to the cross-examination by the DPP, the second accused person O.B Mbye said he was not told the reason for his arrest at the NIA. He accepted that he was called to the office of the DPP on the 10th of February 2010, but denied being told by the DPP that if he accepted his involvement in coup, he will be used as a prosecution witness.
The DPP then asked him: "You were told in the DPP's office that your release was irregular because your file was still with the DPP." This question made the presiding judge to tell the DPP to ask questions with reference to the evidence of the witness but not things outside of the court.
OB Mbye acknowledged that he worked closely with the first accused Lang Tombong based on operations on military affairs, especially when he (OB Mbye) was given the responsibilities of acting deputy CDS of the GAF. He denied being supportive and loyal to the former CDS, Lang Tombong. He stated that as a military officer, he is loyal to only the president and commander-in-chief of GAF. He also denied being dismissed from GAF alongside Lang Tombong Tamba and said he played no role in the 21st March 2006 foiled coup plot.
On the alleged meetings held at Lang Tombong's house
When the DPP put it to the second accused that he held meetings at the residences of the first accused Lang Tombong to overthrow the democratically elected government of The Gambia, he replied in the negative and said that is not true. "I never attended any meeting in the house of the first accused and I had not seen or called the first accused since he was removed from the army," Mbye said and also denied the DPP's comment that the telephone printout showed that he (OB Mbye) has been calling the first accused Lang Tombong on the day of the 'Black Friday'. He also denied having a close working relation with the third accused Bo Badjie.
"My lord I stated in my evidence that I have never seen or spoken to the first accused Lang Tombong after he was dismissed from the army and my telephone prints are there to show," he stated. He accepted he was looking forward to retirement benefits after his services as put to him by the DPP. The second accused said he was happy when he was removed from the army, because he put it, he well knew that he started as a civilian and will one day return back to civilian life.
Mbye denied conspiring with the first accused Lang Tombong to bring Kukoi Samba Sanyang into The Gambia. He further denied having any close relations or contact with the fourth accused Kawsu Camara, the seventh accused Abdoulie Joof and the eigth accused Yousseff Ezzedine, despite that the eighth accused do attend military functions.
The second accused insisted that he did not meet any of the accused persons in any of the residences of the first accused Lang Tombong, except on Koriteh day, when he met with the aforementioned soldiers for the purpose of praying for each other, the president and commander-in-chief of GAF in-line with the traditions of GAF.
Lamin Bo Badjie begins his testimony
The third accused, Lamin BO Badjie was the second to open his defence at yesterday's sitting. He told the court that before his arrest and detention, he was residing at Tallinding Kujang in the Kanifing Municipality and he ceased to be a military officer on the 9th of October 2009.
The third accused disclosed that he was enlisted into the military on the 7th of January 1987 and he once served as the director of Security and Military Intelligence and also served as the DG of NIA. He further disclosed that he was appointed as the DG of NIA on 13th of August 2008, and redeployed to the Armed Forces on the 10th of August 2009. He also recalled that on the 21st of November 2009, whilst he was in bed around midnight, he heard a knock on his door and when he asked who the visitor was, he was told that they have come for him and he pleaded with them to give him time to dress up, but whilst still dressing, his door was forcefully opened and as he quickly jumped and put his lights on, they were already with him.
He disclosed that he appealed to them to also give him some time to inform his wife, but they refused and insisted in going with him to his bedroom, where the kids were sleeping, and he was then taken to the Mile 2 Prisons. The defence witness further disclosed that on the 26th of November 2009, he was picked from the Mile 2 Central Prisons to the NIA headquarters in Banjul, where he appeared before a panel comprising of the director general of the NIA and others, and was asked about the foiled coup of the 21st March 2006.
Questions about 2006 coup
The third accused, Lamin BO Badjie told the court that he was asked by the panel how he came to know about the 2006 coup and the role he played in the said coup.
He said he told them that he had information from one of the operatives and another informant who was at the time a member of the military who had informed him about the 2006 coup plot. The accused said the panel insisted that he should reveal the names or these sources, but he refused, but promised to reveal the names on condition that he (BO Badjie) has the DG of NIA and two other people?s consent before he can reveal their names for security reasons. The third accused said as the panel further insisted that he should reveal their names, he refused.
Lamin BO Badjie said after some heated debate, one of the member of the panel, who was the very operative who informed him about the 2006 coup, then disclosed and admitted that he was the very one who informed him about the 21st March 2006 attempted coup. .Lamin BO Badjie told the court that at the time of 2006 attempted coup, he was the director of Intelligence and Security at the Armed Forces. At that juncture, the sittings was adjourned to today for continuation.
Shortly before the second accused, Omar Bun Mbye and the third accused, Lamin BO Badjie, opened their defence, the first accused, Lang Tombong Tamba was re-examined by his defence counsel, Lawyer S.M. Tambedou who stated that whilst Lang Tombong was giving his evidence-in-chief, he had disclosed that "because we did not know the exact location of his home in Brufut, we were led to his house by a police officer", and under cross-examination, Tambedou disclosed that the first accused, Lang Tombong in his answer to the question asked by the DPP, Richard Chenge, Lawyer Tambedou quoted the first accused as admitting that he was the very one who dropped 2nd Lieutenant Gaye a few metres from Ndure Cham's house, so that the said 2nd Lieutenant Gaye can do the recording.
Lawyer Tambedou then asked the first accused which of (Ndure Cham's) houses did he drop the said 2nd Lieutenant Gaye; either in Bakau or in the same house that he was led to by the police officer in Brufut. In responding, Lang Tombong disclosed that he dropped 2nd Lieutenant Gaye in his (Ndure Cham's) other house in Bakau. Lang Tombong also clarified that it was in 2007 that he went to Guinea Bissau, when Kukoi Samba Sanyang was arrested. Hearing continues today at 10.00am.
Author: by Sanna Jawara & Sidiq AsemotaSOURCE : DAILY OBSERVER
Gambia News : OB Mbye, BO Badjie speak
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