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Court orders prison authorities to let accused access families
Wednesday, 05 May 2010 20:46
At the High Court on Monday, May 3 2010, before Justice E.A. Amadi, the charge sheet against Ensa Badjie,
the former Inspector General of Police, Lieutenant Colonel Mam Matarr Secka and Major Kuluteh Manneh was replaced by a new charge sheet. The total number of counts against the accused has reduced from 30 to 28; all 28 counts are against the Ex-IGP, while only the first 16 counts are against Lt Colonel Mam Matarr Secka and Major Kuluteh Manneh.
The 16 charges against all three defendants are one count of seditious intention, one count of sedition, seven counts of abuse of office and seven counts of obtaining money by false pretence.
The remaining twelve charges are solely against Ensa Badjie, the former Inspector General of Police. They are eleven counts of official corruption and one count of public officer receiving property to show favor.
When the case was called the DPP announced his appearance on behalf of the state together with M. Abdoulie, while Lawyer Borry S. Touray appeared for the first and second accused persons, i.e., Ensa Badjie and Lt. Col. Mam Matarr Secka respectively. The third accused, Major Kuluteh Manneh, had no legal representation. He was asked by the judge about his legal representation and he replied that as at that moment he had not secured one, but that he hoped to do so. He complained that he had not had access to members of his family, which was why he was unable to secure the services of a legal practitioner.
After the lawyers had announced their representation, the DPP applied to amend the charge sheet. He said, “I humbly apply for the charge sheet to be amended. Some of the counts have been amended.”
The judge then asked the DPP whether he had served the defense with the new amended charge sheet. The DPP said yes. The third accused was also asked by the judge whether he was served by the new amended charge sheet and he said yes.
At this stage, no court clerk was available and the judge asked one of the prosecutors to read the charge sheet. Instead, the prosecutor went out of the courtroom in search of a court clerk and later returned with one who read the charge sheet. Before reading the charge sheet, the judge asked the court clerk to give his full name which he said was Dodou Manneh.
At this point the DPP applied for an adjournment since the third accused does not have legal representation. He said for the interest of justice he would give a chance to the third accused to look for a counsel and if he does not, by the next proceeding, the case would proceed and the court would not wait for him. He also applied for all the accused to be remanded in custody pending the next proceedings.
At this stage, Lawyer Borry Touray stood up and said the DPP has applied for a short adjournment and for the accused to be remanded in custody in order to give a chance to the third accused person to secure representation. He said he intended to apply for bail because the charges were bailable. He said the accused are not given access to their family members and to their counsels. He added that this has affected them in acquiring the services of counsels. He noted that last week Friday he requested the Prison authorities to give him access to his clients but the prison authorities replied that they did not have any instructions from the court for him to meet his clients. He said he was told that he will only have access to his clients if he has an order from the court. He submitted that the accused persons are still presumed innocent until they are proven guilty. He emphasized that these are basic rights of the accused persons.
“I humbly ask your lordship’s indulgence to address this issue,” he stated.
The judge then asked the prison officer escorting the accused to court whether he (the judge) had ever signed an order or warrant for the accused persons to have access to their counsels or families. The prison officer replied in the negative. He was then asked why they did not give access to family members or their counsel. The prison officer noted that this is a security matter and they did not have any instruction to give access to family members and their counsels. Defense Counsel Borry Touray said he was informed by the first accused person that those undergoing the treason trial have access to their lawyers but not them. The judge then said that he had never ordered the prison authorities for such orders and warrants to be signed. The prison officer said this was a security matter, so the three accused persons cannot be treated like civilians. Ensa Badjie at this juncture was seen looking directly at the prison officer from the dock, laughing. The prison officer further confirmed that the warrant was with him in court. It was handed over to the judge for him to sign it. The judge then ruled that the accused should have access to their families and their counsels.
For the third accused person, he said the prison officer should help him to find a legal counsel.
At this juncture the case was adjourned until 6th May 2010, at 9.30am.
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