Four fresh charges have been slammed on Musa Suso, the former National Assembly member (NAM) for Kombo North, who was earlier on charged with giving out false information to a public officer.
When the case resumed before Senior Magistrate Olajubutu of the Banjul Magistrates Court, the prosecutor, ASP Badjie filed an application to substitute the first charge sheet and the defence counsel, Lamin Jobarteh raised no objection before the presiding magistrate granted the application.
Fresh charges
According to the prosecution, Musa Suso, in 2007, at the Gambia Police Headquarters in Banjul, gave false information to the then IGP, Benedict Jammeh, and the then crime management coordinator (CMC), Burama Dibba, that the director of prisons, David Colley, had received an unspecified amount of fuel from his (Musa Suso’s) friend, Ebou Khan, while he (Musa Suso) was serving his jail term at the State Central Prison at Mile II, knowing that this was false.
On count two, Musa Suso is charged with giving false information to the then IGP Jammeh and the then CMC Dibba that the director of prisons, David Colley, had diverted a satellite disc bought by Ndey Conteh, the mother of one of the inmates, Batch Faye for the inmates at the prisons to his personal use, which he knew was false.
On count three, Musa Suso, at the police headquarters, gave false information to the then IGP and the then CMC Dibba, that David Colley made one Sedia Jatta to paint a prison truck, while he (Musa Suso) was at Mile II.
The fourth count stated that Musa Suso, in 2007, also gave false information to the then IGP and the then CMC Dibba that David Colley had fed the carcass of a bull to inmates at the State Central Prison, which led to the death of several inmates, which he (Musa Suso) knew to be false. The alleged offences are contrary to Section 114(a) of the Criminal Code, Cap 10 Volume III, Laws of The Gambia 1990.
However, Mr Suso had pleaded not guilty to all the four counts levelled against him.
At that juncture, Defence Counsel Jobarteh submitted that the prosecution should provide the defence with documents in relation to the alleged offences, such as cautionary and voluntary statements obtained during the course of the investigations.
“It would be really difficult for the defence to proceed with the case without access to such important documents, especially when it comes to cross examination of witnesses to the case. We need these documents to prepare our defence,” he told the court and backed his submission alluding to Section 24(3) of the 1997 Constitution.
ASP Badjie countered the defence submission, arguing that providing the defence with the said documents greatly disarms the prosecution and it is not the duty of the prosecution to provide the defence with such documents.
But the presiding magistrate, Olajubutu had to adjourned the proceedings to August 13 to deliver a ruling on the submission and counter-submission.