Friday, April 20, 2007
Four accused plotters of the 21st March 2006 foiled coup were yesterday convicted and sentenced to life imprisonment in each of the counts by the general court martial seated at the Yundum military barracks. They are Capt. Bunja Darboe, Capt. Yaya Darboe, Capt. Wassa Camara and 2nd Lt Pharing Sanyang. Capt. Yaya Darboe was however not found guilty in count two.
Of the remaining accused persons, two, Capt. Abdoukarim Jah and Lt Momodou Alieu Bah, were each sentenced to 25years imprisonment in each count, the sentences to run concurrently. Capt. Pierre John Mendy, Corporal Samba Bah, Lance Corporal Babou Janha and Private Alhagie Nying were each sentenced to 10 years imprisonment in each count, and the sentences are to run concurrently.
In his ruling the president of the court martial, Lt Col. Commander Sarjo Fofana said he had taken consideration of the mitigation plea led by the defense counsel. He said the court had equally taken in to consideration the fact that there were many coup attempts since 1994. He then stated that The Gambia is a peaceful country, adding that the peace should be guarded so as not to allow the kind of upheavals in other countries to happen in the country.
Lt Col. Commander Fofana further stressed that the menace of coups must be checked, adding that soldiers and officers are trained professional who should learn to maintain the peace with they have been entrusted.
Considering the substance of the court martial, commander Fofana said that it is clear from the evidence that the 1st , 2nd, 3rd and 4th accused persons- Capt. Bunja Darboe, Capt. Yaya Darboe, Capt. Wassa Camara and 2nd Lt Pharing Sanyang "had counseled and procured other persons to cause mutiny." He said there is a combination of two or more officers to commit mutiny, that is overthrow the government, noting that the president, by virtue of the constitution and the Armed Forces Act, is the Commander-in-Chief of the Armed Forces.
He said each officer was assigned to carry out a task. He stated that according to the evidence submitted Capt. Yaya Darboe was assigned to take charge of operations from Abuko to the airport; Capt. Wassa Camara to disconnect the Abuko Earth Station, and 2nd Lt Pharing Sanyang was to take charge of Gamtel house in Banjul. He added that the other accused persons, Pierre John Mendy, Lt Momodou Alieu Bah, Corporal Samba Bah, Lance Corporal Babou Janha and Private Alhagie Nying had all been counseled and procured to take part in the coup but failed to report to the appropriate authority as required by the law.
Summarising the evidence, Justice Agim, the Judge Advocate, said that on 27th September 2006, CDS Col. Lang Tombong Tamba issued a convenient order to try suspects in accordance with the Armed Force Act. He said on 11 October 2006, the accused persons were arraigned and the statement of offence read to them, to which they pleaded not guilty- hence the commencement of the trial. He said the prosecution called witnesses to testify even as some of the accused persons also testified on their own, while others chose not to give evidence. He added that the accused persons have the right not to give evidence, but that in such an event, it becomes the duty of the prosecution to prove the guilt of the accused persons.
Justice Agim further adduced that both the prosecution and the defense counsels filed written addresses to the court. He said after going through all the evidence before the court and the exhibits tendered, the court found that the prosecution had proven its case beyond all reasonable doubt.
Meanwhile the related treason trial against four civilians- Tamsir Jasseh, Alieu Jobe, Omar Faal Keita and Demba Dem, is going on at the High Court in Banjul.
Five former NIA officers, Baba Saho, Ngor Secka, Abdoulie Kujabi, Lamin Dibba, Foday Barry and Lt Col. Vincent Jatta, former Chief of Defence Staff, who have been charged with concealment of treason, are awaiting trial.
It could be recalled that other suspects, among them former NIA Director-General Daba Marenna and four army officers, were reported to have escaped on 3rd April 2006, while they were being transported to Janjanbureh prisons. Ever since, the whereabouts of the said suspects has not been established.
Colonel Ndure Cham, former chief of Defense staff, who is reported to have engineered the foiled coup, is still on the run.
Meanwhile, all the 10 convicted coup plotters have the right to appeal within one month.
Author: By Modou Sanyang
Source: The Point