please subscribe DomBoh Njie [log in to unmask] >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 > >_________________________________________________________________ >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. >---------------------------------------------------------------------------- _________________________________________________________________ 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. ----------------------------------------------------------------------------