State Witness Ends up in Jail

Haja Kumba Cora, a political activist who stood as prosecution witness number one in the trial of Saiba Sanyang and co, was yesterday sentenced to two weeks imprisonment at the Janjangbureh prisons by Magistrate Baldeh of the Basse Magistrates Court.

The imprisonment of prosecution witness one followed her striking statement that all her testimony adduced in court was false and misleading. The unexpected development left the defence with no option but to make an application under section 95 (1) of the constitution of the republic of The Gambia. The section deals with an instance whereby a person(s) found to have interfered with the justice system and court proceedings by lying in court are to be liable for misdemeanor and perjury. The offence is punishable under section 95 (3) of the laws of The Gambia.

In his ruling the magistrate granted the application of the defence counsel but delivered a verdict many viewed as an exaggerated case of tempering justice with mercy by imprisoning culprit for a mere two weeks instead of the maximum jail term of seven years.

Earlier on Magistrate Baldeh cautioned PW1 to be truthful in her evidence as she is under oath but she persisted on misleading the court.

The accused persons were represented by counsel Lamin Jobarteh, who prayed the court to grant his application.

Defending his application, Counsel Jobarteh argued that the court is the Temple of Justice and therefore the last resort of people seeking redress; that if the courts fail, all would be in trouble as the courts should protect all innocent people.

Prior to the sitting, which took place at the Commissioners Bantaba, the court visited the scene of the incident in Manneh Kunda in a bid to test the credibility of the evidences which the complainant herself retracted later in court while under cross-examination by Counsel Jobarteh.

It could be recalled that Saiba Sanyang, the UDP sponsored candidate in Fulladu East district of Basse, has been standing trial for alleged assault and unlawful assembly, alongside others, before that Basse Magistrates Court presided over by Magistrate Baldeh. The IGP was represented by 1781 Kinteh.

The case is expected to resume on 9th and 10th July for continuation of the prosecution’s case.