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In the Treason Trial of Gen. Tamba, others

Coup_plotters_picCellular Companies requested by NIA to make call record printouts
By Baboucarr Ceesay
On the 28th April 2010, the High Court in Banjul witnessed the testimonies of three officials from three cellular
companies; Gamcel, Comium and Qcell, as well as a National Intelligence Agency (NIA) official in the treason trial of ex-Chief of Defense Staff of the Gambia Armed Forces (GAF), Lieutenant General Lang Tombong Tamba and co.Coup_plotters_pic
Giving her evidence-in-chief as the twelfth prosecution witness in the trial, Naceesay Marenah-Kurang, the Director of IT at Gamtel, informed the court that she dwells in Kerr Serign Njaga.
In her response to DPP Richard N. Chenge’s question on what happened in the month of November 2009, she said she was requested to make printouts of certain numbers.
When asked about the numbers of printouts she said she made 9 printouts. She went on to inform the court that the request came from the NIA. She also told the court that the request was aimed at acquiring dates of calls, stating that these printouts are only made when requested for by an investigating authority.
Asked by the DPP whether she would recognize the printouts, she answered in the positive, adding that they were endorsed with a stamp. She was then shown the said printouts which she confirmed as the very ones.
At this juncture, the DPP applied for the printouts to be exhibited, but first handed over to the defense counsels who examined it without objection.
The trial judge, Justice Emmanuel A. Amadi, thoroughly examined the printouts which were exhibited as Exhibit P20 without any objection from the defense counsels.
In a cross-examination by senior defense counsel Sheriff S.M. Tambedou, the witness was asked whether she is the one who put the highlights on the printouts, but she answered in the negative. Further asked whether she is the one who also put the inks there, she said she only did the writing under call details for 9961411 and 9966206.
Tambedou asked: “If caller A makes a call to caller B, and caller B forwards it to caller C, what would it indicate. In essence, what call would the printout of caller A show?” Mrs. Marena Kurang replied that it would indicate caller B.
In her cross-examination, Mrs. Hawa Sisay-Sabally asked the witness whether she got the consent of their subscriber who operates 9979999 to release the printout in respect of the number. She answered in the negative.
Hawa Sisay-Sabally also asked the prosecution witness whether that subscriber was at anytime informed by Gamcel that the printout in respect of that number had been released to an investigating authority, and whether they have the order of the court to release those printouts or was it an investigating authority that gave her an order to give it out. The witness again answered in the negative.
The thirteenth witness who is technical manager of Comium, Lamin Drammeh, told the court that he lives in Serrekunda. He said he received a request from the NIA to produce call records of three Comium numbers. The witness said he provided printouts of call records for them. He said they have computers where they do the printouts.
Asked whether he would recognize the printouts he said he would.
He was then shown the printout which he confirmed and the prosecution applied to tender them as exhibit. They were thoroughly examined by the defense without objection, admitted and later marked as Exhibit P21.
Drammeh was cross-examined by defense counsels Hawa Sisay Sabally, Tambedou and Secka.
The fourteenth prosecution witness, senior manager of customer care Qcell, Alassana Maa Tunkara, who told the court that he lives in Kanifing, said in November 2009 he was requested by the NIA to provide printouts of two prepaid number, not knowing who the numbers belong to. He said he then made the printouts and gave them to the NIA from their server.
Tunkara said they know about the call of a subscriber, because it is registered on the main control point. Asked by the DPP when do they make this printouts, the witness said when it is requested by the police or by the NIA and also if a subscriber comes with a police report in request for it.
Asked by the DPP whether he could recognize the printouts, he answered in the positive. He was then handed the printouts, he examined and confirmed them and they were tendered as Exhibit P22 without objection.
In cross-examination by Defense Counsel Tambedou, the witness was asked to take a closer look at the printout of number 3604588 which is on page 2, the last page, where it stated “out going calls” and to explain what the first column was, ‘‘because it is not as clear as that of Africell and Gamcel.’’
Tunkara explained in detail. Tambedou then asked the witness whether the number 3604588 made four calls in November 19, 2009, between 10:50am to 11:11am and 3604588 received three calls from 9979977 between 11:03am and 11:15am, the witness answered in the positive.
However, defense counsels Secka and Sisay Sabally said they had no question while the DPP said he had no re-examination to make.
The fifteenth prosecution witness, an NIA officer, was called to testify. He informed the court that he lives in Bakau and that he knew all the accused persons.
Asked by the DPP to explain what happened on 19 November 2009, he said on that day one Ebrima Bojang who was arrested at the Farafenni Military Barracks was brought to the NIA headquarters in Banjul for questioning.
He added that according to one Lt. Colonel Yerro Jallow, the commanding officer at Farafenni Camp, Ebrima was caught spying on security installations which are security points for security officers. He defined security points as places security officers perform day in day out. He explained further that Ebrima (the first prosecution witness) informed the officers that he was sent by the former IGP, who is the current director general of NIA, Numo Kujabi, former CMC Jallow, who is the current IGP.
He said in respect of the information, a panel was set up to look into the allegation. He said Ebrima was invited by the panel on the 21 November 2009 to shed light on the issue. He said during questioning, Ebrima informed the panel that he lied to the authorities at Farafenni. He said he was sent to Farafenni barracks to spy on the former CDS Lt. General Lang Tombong Tamba and the Deputy Inspector General of Police.
The witness said apart from Ngorr Secka, the sixth accused persons, all the rest attended the meeting at the residence of the former CDS, Lang Tombong Tamba.
He said during the panel discussion, he was informed that the purpose of that meeting was to overthrow the democratically elected government of President Yahya Jammeh.
When the witness mention a statement in connection with Rui Jabbi Gassama, senior defense counsel Pap Cheyassin Secka stood up and said if these statements are put in there would be no need for an oral evidence by the defense, to be accurate and save the courts’ time. But the DPP maintained that the witness was explaining what had transpired.
Continuing with his testimony, the witness explained how and when Rui Jabbi Gassama in Bissau, his ties to Ebrima, and their impending meeting with Kukoi Samba Sanyang at the border with neighboring Senegal. He said they got information that Kukoi was residing in the Senegalese town of Thies. He described Kukoi as a former close aide of the former leader of Liberia, Charles Taylor.
The fifteenth prosecution witness said they arrived at Bissau on the 16th and visited the Gambian Embassy in the company of Lt. Colonel Sano of the Guinea Bissau military and one financial officer from Gambian Embassy, Mr. Suwa. He said they were able to meet Rui Jabbi Gassama at a detention centre with the help of Lt. Colonel Sano, who handed a copy of the Daily Observer newspaper to Rui Jabbi Gassama: headlined “Major Shake Up in The Gambia”, and told him that the paper was found in Rui Jabbi’s house in Bissau. He said Rui Jabbi Gassama confirmed to him that he had bought the paper.
Asked whether he would recognize the paper if he saw it, the witness answered in the positive. When he was shown the copy of the Daily Observer, he confirmed that it was the newspaper.
At this point, the DPP applied to tender the newspaper which was not objected to by the defense counsels. It was accepted and tendered as Exhibit P24.
Further continuing on his testimony, the witness said they interrogated Rui Jabbi Gassama who said he received a call from one Hassan who worked with The Gambian Embassy in Bissau and made appointment at Samaritan in Bissau. According to him, Rui said his first meeting with Hassan was on drug transaction and that he (Rui) charged him 14,000 Euros for one kilo.
Counsel Secka then stood up and complained about the valuable time of the court being wasted. He objected to what he called “the insignificance of repeating the statements of Rui Jabbi”, a witness who has already testified before the court.
The witness continued with his testimony, anyway.
He said they took the matter to Suwa who made a call at the embassy so that they could know who this Hassan was. He said a photo album was brought by one Malick Jobarteh which he handed to Jabbi Gassama who identified somebody in the album as the Hassan they were talking about. He said he personally recognized one Ngorr Secka, the former deputy head of mission to Guinea Bissau. The witness said they tendered the information to Ngorr Secka.
Defence counsel Secka attempted to object to his statement when the witness wanted to quote Kabiro Saidy, whom he said was asked about his trip with Ngorr Secka.
Justice E.A. Amandi, the trial judge, intervened in witness’s explanation of an event at which he was not present and adjourned the case till 29th April.

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