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GAMCOTRAP: Court Hearing of 3rd February 2011
Monday, 07 February 2011 20:56
Below is an update from Gambia Committee for Traditional Practices (GAMCOTRAP) on the trial
of its senior officials - Dr Isatou Touray, Executive Director and Amie Bojang Sissoho, Programme Coordinator which resumed on January 29th with a Spanish witness testifying:If Begoña Ballesteros Sanchez did not initiate the allegation of theft against GAMCOTRAP, then who did?
On the final day of her cross examination of the PW8, the director of Yolocamba Solidaridad Begoña Ballesteros Sanchez was again reminded that she was still under oath to tell the truth in court and she acknowledged it.
During the cross examination Begoña identified an email correspondence which had attachment of the financial reporting format Yolocamba sent to GAMCOTRAP and was completed and returned. This documented was tendered by the defence Counsel and was accepted as I.D. She answered in the affirmative that all the terms and conditions of the Cooperation agreement has been made by 5th February 2009 and that no document was provided by GAMCOTRAP to indicate that they are experts in micro credit.
She also told the court that she does not have any document to indicate that Koina and Brikamaba Clusters are the Project , but Santiago de Migiuel representative of the Region of Madrid visited the project sites in Koina and Brikamaba on the 8th February 2010 and they returned at night to prepare for the Conference on the 10th February 2010, which is contrary to what she wrote in her statement , which is Exhibit ‘G’ in the trial that “they didn’t want him to visit other places related to the project”.
Begoña answered in the positive that the Region of Madrid has not yet approved the final report of GAMCOTRAP because she denied that Yolocamba Solidaridad has received it and that the project is not closed. She however agreed that there was a second project for 2010 approved in December 2009 but a cooperation agreement has not been signed between Yolocamba Solidaridad and GAMCOTRAP. Defence Counsel Amie put it to her that if the first project was not effective she would not have received the money for the second project.
The witness also denied ever going to Cassamance, Lawyer Bensouda put it to her that she was lying or Jon was lying and showed her an email with that information which was copied to her. At this point, Prosecution Officer, Sainey Joof objected to making reference to the email because it is a secondary document Defence counsel said it was important because it was correspondence between Yolocamba and GAMCOTRAP administration and the Defence Counsel has to establish the credibility of the witness in saying the truth. Begoña also told the court that Daniel Giddings no longer works with Yolocamba Solidaridad since October 2010. She said Daniel was part of the project but the accused persons did not want to work with him. Defence Lawyer Bensouda told the witness that she introduced Daniel to GAMCOTRAP in May 2010, fourteen (14) months after the project started to falsely work in an non-existent micro credit project with GAMCOTRAP.
In responding to the Defence question why Ebrima Tamba of Kunta Kinte Beach Bar, who is the witness’ personal friend and not a staff of Yolocamba involved in an issues dealing with the project. Begoña said she would not like to discuss her personal life nor Ebrima Tamba. Magistrate Taiwo Ade Alagde not aware that Ebrima Tamba gave a statement to the investigation team and his statement is in the Police report intervened to stop the defence not to question the witness about him, later retracted when the Defence confirmed to him that Ebrima Tamba’s statement is part of the Exhibits in court.
Begoña said as a friend, Ebrima Tamba facilitated for her to meet the authorities at the same time said the authorities contacted her. As she insisted on both, Magistrate Alagde asked “which one do you want us to belief, because you told this court that it was the authorities that contacted you and now you said Ebrima Tamba facilitated for you to meet the authorities”. At this point she responded that Ebrima Tamba facilitated the meeting with the authorities and she received a telephone call through Tamba. Begoña said she did not seek for a mediator despite the fact that she knew GAMCOTRAP had a Board. Defence Lawyer Bensouda asked why she did not follow at least three of the dispute resolution methods; negotiation, mediation or civil litigation. She said it costs money to have a mediator.
Defence Asked: “Do you want Isatou and Amie to be convicted?”
Begoña, PW8: “No, I don’t”
Defence Asked: “Do you want them to be punished?”
Begoña, PW8: “No!”
Defence Asked: “Are you saying they stole the money?”
Begoña, PW8: “No, I did not initiate this process.”
Defence Lawyer Amie Bensouda further told her “You are violating the fundamental human rights of Isatou and Amie. All you are entitled to is a financial report and if you want you can ask for audit of the project funds.” The Defence tendered emails from GAMCOTRAP to Yolocamba Solidaridad dated February 2010 and March 2010 and the Prosecution did not object to it. The emails were marked as Defence Exhibit ‘5’ and Defence Exhibit ‘6’, which said the end of project reports have been sent.
Amie Bensouda concluded that putting GAMCOTRAP officials through such a situation is a disgrace to Yolocamba Solidaridad, and Begoña Ballesteros Sanchez agreed that it was an embarrassment.
The Prosecution was asked if he had any further questions for his witness and he replied in the negative and applied for the case to be adjourned.
Principal Magistrate Taiwo Ade Alagde thanked the witness PW8, Begoña Ballesteros Sanchez for her patience and wished her a safe journey back home, despite several attempts when he had asked the Prosecution to control his witness during the hearings. Magistrate Alagde then adjourned the case for 16th February 2010.
It could be observed that public interest was still marked by the full court room amongst them officials of the United States Embassy in Banjul and the media. In fact today’s hearing also interested the Police Intervention Unit officials not only take their usual positions around the court premises but also to hear firsthand what the witness had to say and some stood for the first time at the door inside the court.
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Comments
I wrote as a concerned British citizen to Her Majesties Government in September 2010....asking respectfully if the International Red Cross should take note of the allegations of torture...to General Tamba and others screened on The Gambian Echo.
That they should make a visit to Mile two to take any evidence.
My understanding is that conditions have improved somewhat.
Though on this occaision...I am still awaiting a reply from The British government.
Regarding justice in The Gambia...Though I do not particularly agree with some of what Mr "Dustbin" Gomez says...I think the support to The Gambia's judicial system by DFID
{ British government aid } is seeing a marked improvement in justice overall.
I think the Magistrate in the FGM ladies case...is performing well.
Let us hope for a good result?
It all depends on whether you have an impeccable and true justice system, not in Kangaroo courts such as those we are now having in Gambia where all the judges and magistrates are at the mercy of a dictator who can not even hesitate to take destitute beggars to court.He is CONSTANTLY abusing our justice system. Isn't it time for Amnesty International to pay a visit to our over-crowded prisons and document some of the unjust and ridiculous imprisonment terms that have been meted out to some of them?
Though I must admit to admiring the cut of Amie Bensouda's Jib.
Yolocamba appear to be in a bit of a "pickle"?
"They didn't say yes...they didn't say no.
They didn't say stop...they didn't say go".
In my experience of being a donor...in The Gambia....You give... You trust.
I never ever found Gambian's be anything other than exceedingly honest and very genuine.
You have to understand that without these people Gambia will have been occupied by thugs from his kinsmen and you will have never seen the functioning of the state.He is more like a slave driver to cash the benefits of their hard work.They are trapped in this environment since they cannot just migrate with a political reason,they feel they as Gambian more than Jammeh to just leave.So they are helpless and just play the system and not taken to M2 since they have seen their friends behaviour when they are release from that place.Some are suspended since they don’t go to APRC meetings and reassign.If you are doctor you just lay low and dare not talk of HIV,if you are geologist you dare not talk of minerals and oil deposits.The state deficit and debt.The impact of his businesses on domestic businesses.There is no way you will not collide with this corrupt guy if you want be safe and professional in your field in Gambia.He put real fear in them and they have reason to be.
I understand your sentiments Badara, but the worrisome part is that it seems like you don't have to work for the government to be prosecuted. These are NOT civil servants yet they are being harassed by the state. This is one of the reasons why Gambia has such a big problem with brain drain (about 63% of university graduates are abroad according to WorldBank) because how can you work in a system where u are supposed expected not to think but only carry out instructions like a Zombie? I suspect that people who support this regime are either mediocre, or highly ignorant people who have found themselves in a situation where they can exploit the system and so are not in favor of 'positive change'; because with that they will not be able to make a decent living.
It is very sad, at this rate change in Gambia can only be violent; because we'll have to expunge these people from the system.
This is the sole reason despite all I can do for that country;I decline to work in that government.I feel sorry for my close relatives and friends in prominent posts,who are constantly careful and silenced and have no freedom materialised their full education in their respective work.Even if they are talking on the phone unlike face to face,they communicate, be phone or PC, as if someone is listening to their conversation.How sad is that in your own country.Nada,you are absolutely right about Gambia.There is so much fear in the people I knew,I really feel sorry for them and try look work for them in the west.The sad thing is that,they are well educated but engulfs in this culture which has derived them to be innovative and critical. It’s like fighting for survival everyday of their life.It’s not an environment to develope!
If these people did not initiate this trial who did?
In fact the right question is: why would Yahya want these women tried and unfairly humiliated? Why, Yahya why?
And some people want to force Gambians to accept that this evil man that calls himself president is the right leader for our country?
But in our own case is ubelieveable; innocent people with clearly harmless intentions are targetted in the sole interest of an individual desperate to remain in control of power in pursuit of evil.
Jammeh will regret why he was born on removal from office.
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