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>From: Dampha Kebba <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Ebrima Barry murder
>Date: Fri, 19 Jan 2001 16:29:08 -0500
>
>I saw what purported to be parts of the closing arguments of the defense
>counsel in the Ebrima Barry case. I must say that the arguments made by the
>lawyer for the fire-men just went to confirm my worst fears.
>
>To refresh people's memory, this case was one of the main catalysts for the
>students' demonstrations on the fateful days of April 10 and 11, 2000. The
>late Ebrima Barry was apparently sent by school authorities to the accused
>fire-men, as a means of punishment for conduct that took place at the
>school.
>
>The officers under whose custody Barry was placed, tortured Barry and
>subjected him to some inhumane treatment I do not want to get into right
>now. In any case, Barry lost his life as a result of the ill-advised
>decision to send him to the fire-men and the punishment he received from
>the
>fire-men.
>
>When the students realized that, as usual, our illegal government was going
>to cover this case up, the students started seeking ways of ensuring
>justice
>for Barry and his family and all the children that are tortured both
>physically and mentally by this government on a daily basis. Because we do
>not have a government that is led by people with ideas and good hearts, the
>government decided to meet the students' peaceful moves with brutal force.
>The callous attitude of our government towards children that were simply
>asking for justice for their colleagues, led to the death of more than a
>dozen children and wounding of many others.
>
>Going back to Ebrima Barry, months ago when the incompetent AG chambers
>appointed a 'private' prosecutor to look into this matter and the man would
>not show up in court, we cried foul. When the prosecutor eventually came to
>court and among other things, called witnesses (such as Dr. Sam) that ended
>up undermining their case, we cried foul. The defense filed a 'no case'
>submission, but thank God the judge did not grant the lawyer's prayers.
>
>When the 'no case' submission was made, we tried preempting a ridiculous
>ruling from the court by making it abundantly clear to everyone that the
>defense clearly had a case to answer; albeit the prosecutor did a lousy job
>presenting the people's case. Well, we shall again endeavor to embark on
>the
>task of trying to ensure that Barry and his family get justice at the end
>of
>the day.
>
>It was not surprising to learn yet again that when it was the time of the
>AG
>chambers to make their closing arguments, they asked for an adjournment. I
>hope the prosecutor will use that time wisely to ensure that these
>criminals
>are convicted. If these people are freed and there is another
>demonstration,
>Cheyassin Secka and his prosecutors should be held responsible.
>
>What was also not surprising, was the fact that according to the reports,
>the defense counsel depended entirely on the case presented by the
>prosecutor through the likes of Dr. Sam and other doctors called by the
>state. I repeat that if things were the way they were supposed to be, that
>prosecutor would be disbarred. How on earth can a prosecutor call witnesses
>that end up testifying solely for the benefit of the defense?
>
>I do not want to reargue this case here. But suffice for me to say that the
>prosecution's case is still salvageable. Those corrupt doctors and an inept
>prosecutor might have thought that they handed the defense a victory. But
>it
>is not that simple. Wrong can never be right.
>
>For these fire-men to be acquitted, it is not sufficient for the doctors to
>come in and fabricate a preexisting disease for Ebrima Barry. The law says
>that the criminal should take his victim as he finds him. So even if Barry
>had a liver problem, that does not mean that the officers should be
>absolved
>of liability. It is trite law that even if the blows that fire-men
>inflicted
>on Barry will not necessarily kill a healthy human being, but the blows
>killed Barry, the fire-men will be guilty of the crime.
>
>In other words, testimony that Barry had preexisting ailments, is
>irrelevant
>to guilt or innocence if it could be proved that the fire-men tortured
>Barry
>in one form or another. The doctors tried their best and even testified
>that
>they did not find bruises on Barry's corpse. This also does not mean that
>Barry was not tortured.
>
>So even though the prosecutor and the doctors tried their darn best to
>sabotage this case (for reasons beyond my comprehension), these fire-men
>should and could be convicted. Barry was a normal kid before he went to the
>fire-men. He was strong enough for the school authorities to feel
>intimidated by him or else they will not take him to the fire-men. For some
>doctors to come here and tell us that Barry was suffering from a terminal
>illness at the same time that school authorities were afraid of him, is
>ridiculous to say the least. The bottom-line is, Barry went to the fire-men
>apparently healthy and came back with injuries he never recovered from.
>This
>is strong circumstantial evidence against the fire-men. Couple this
>evidence
>with testimony from his parents and friends saying that Barry said that he
>was tortured. It is also odd that none of his family members suspected that
>he was suffering from liver problems. This should have been an open and
>shut
>case for the prosecution.
>
>But something really bad stinks here. I hope the AG gets his act together
>and ensure that these criminals and menace to society are put in jail where
>they belong. We shall never forget the despicable job done by the doctors
>in
>this case and when the day of reckoning comes, they shall account for their
>actions. My heart goes out to Ebrima Barry's family.
>KB
>
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