Darboe And Co Deny Murder Charges Judge Asks For Security
The Daily Observer
July 14, 2000
Banjul - UDP leader Ousainou Darboe and 24 other members of his party including
journalist Madi Ceesay, pleaded not guilty to murder charges brought against
them by the state yesterday.
The UDP leader and his co-accused were charged for the murder of Alieu Njie, an
APRC supporter, in Basse last month.
The particulars of the offence read in court yesterday stated, "On or about June
17, at Chamoi bridge and Kundan in the Upper River Division, Ousainou Darboe and
others allegedly murdered one Alieu Njie."
When the charge was read to him, Mr. Darboe said, "I am not guilty."
Some of the accused persons opted to take their pleas in Mandinka and Wollof.
They all pleaded not guilty to the charge.
At the commencement of the proceedings, Antouman Gaye, head of the defence team,
confirmed to the court that all the accused persons have been served with court
orders.
Mr. Gaye said there are constitutional provisions which entitled the accused
persons to elect the mode of trial they wanted. He referred the presiding judge
to section 24, subsection 9 of the Constitution which stated that "persons
charged with an offence shall have the right to be tried by a judge and jury."
At that point, the presiding judge, Justice GC Ihekire, told the solicitor
general, Raymond Sock, "I don't have any protection. This is a serious case,
which involves murder, somebody is shouting out there. Maybe, somebody is
shooting out there."
Justice Ihekire said members of the commission of inquiry were provided with
security when he had not been provided with one. "I need proper protection," he
told the solicitor general.
Turning to the case, Justice Ihekire told the solicitor general, "Mr. Gaye is
saying that the election should come before the plea. What is your answer?"
In response, Mr. Sock said, "The practice was that the charge sheet has to be
read out to the accused persons before plea is taken."
Mr. Gaye referred the presiding judge to section 3 of the Court Act and asked
the judge to allow him to consult one of his clients who was standing at the
corner. "I want to pass information to him," he said, but the judge refused the
request.
Justice Ihekire then ruled that there was no doubt that plea must be taken
before election and cited the provision of the criminal procedure code in
England, saying, "Even in England, the accused person made his plea. In view of
this, the accused persons will first take their plea before opting for trial by
judge or judge and jury."
He instructed the court clerk to "read the charge sheet to the accused persons.
Ask them whether they understand English."
The court clerk asked the UDP leader, Ousainou Darboe, prior to reading the
murder charge to him, if he could understand English.
This question attracted laughter in Court. In response, Mr. Darboe said, "Yes. I
can understand English."
The presiding judge intervened and informed the court that it was "legal
requirement to ask the accused persons whether they understood English or not."
Defence lawyer Gaye again asked presiding judge to stand down the case for five
minutes to enable him to have further consultations with his clients.
He made the application when his client Ousainou Darboe and other accused
persons failed to opt for trial by judge or judge and jury.
Justice Ihekire earlier on informed that under the Constitution, they have the
right to be tried by judge or judge and jury.
Darboe and his co-accused could not decide on the type of trial to opt for.
Defence lawyer, Ousman Sillah, objected to Antouman Gaye's application while
expressing concern about the composition of the jury.
"What would be the qualification of the jury? Will they all be APRC members?
Will the accused persons have the right to raise objections?" asked Lawyer
Sillah.
Antouman Gaye supported Ousman Sillah's submission and suggested that the
election on the trial by judge or judge and jury be deferred
"until the law is known to us."
Justice Ihekire said there was no procedural law for trial by judge and jury.
The solicitor general said he was not opposed to adjournment.
Meanwhile, Antouman Gaye said his client, Abou Karamba Kassama, who is a
National Assembly member, told him that "the Assembly will not sit until
September. It is only the Assembly that can pass the legislation," said Mr.
Gaye.
The case has been adjourned to August 3.
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