Defense Counsel Borry Touray and Emmanuel Fagbenle, acting Director of Public Prosecution (DPP) have clashed over the relevance and admissibility of the video cassette on the March 21 foiled coup, which was recovered from the GRTS.
The drama unfolded after DPP Fagbenle attempted to tender the video cassette as an exhibit, following a testimony by Police Detective, Lamin Cham of the Major Crime Unit of the Gambia Police Force.
The two men quoted the different sections of the Evidence Act to back-up their arguments before a crowded court on Wednesday.
Lawyer Borry Touray, who represented Alieu Jobe, former Accountant General, said the admission of the video cassette could be prejudicial to the case, as many people have watched the video cassette when it was broadcast on GRTS screens.
Presiding Judge, Justice Avril Annin Yeboah is expected to deliver his ruling on the matter, June 21, after the two lawyers engaged in bitter argument on the point of law.
Earlier on Detective Cham informed the court that he together with Detective Abdoulie Sowe recovered documents with Arabic scribbling of the names of coup plotters, jujus and a list of charities, from the house of Omar Faal Keita, the 7th accused person.
Continuing his testimony in the treason involving four civilians at the Banjul High Court, Detective Cham said the discovery of the documents came, after a revelation made by Alieu Jobe that he visited Omar Faal Keita for marabout work, for the release of the arrested soldiers who were involved in the March 21 foiled coup, as well as for him to abort the arrest of those who were connected with it.
He said a document written by Alieu Jobe containing the list of charities were recovered at the foot of the bed of Omar Faal Keita, adding that another document, which bore the names of the coup plotters was also recovered.
He added that they also recovered a mini tape cassette on the conversation between Colonel Ndure Cham, ex-Chief of Defense Staff (CDS) of the Gambia Armed Forces (GAF) and Corporal Mbye Gaye and a radio, from Colonel Lang Tombong Tamba (now Brigadier General), CDS of GAF. “A video cassette was also recovered from GRTS containing statements made by coup plotters, appealing to the general public and President Jammeh for forgiveness. They also expressed regret for their role and involvement in the foiled coup. A coup plot preamble was also recovered from Captain Bunja Darboe, which was supposed to be read upon successful implementation of the coup plot,” he told the court.
Detective Cham further told the court that the panel of investigators into the coup plot consisted of 13 members. He said a report was prepared at the end of their investigations, adding that this was then given to CDS Tamba. “The report was signed by all the 13 members of the panel and handed over to the Attorney-General Chambers,” he added. Cham then identified his signature on the investigators’ report, as well as the documents recovered from Omar Faal Keita, and the coup plot preamble recovered from Captain Bunja Darboe.