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

_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com

----------------------------------------------------------------------------

To unsubscribe/subscribe or view archives of postings, go to the Gambia-L
Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html
You may also send subscription requests to [log in to unmask]
if you have problems accessing the web interface and remember to write your full name and e-mail address.
----------------------------------------------------------------------------