Former Kombo North MP Musa Suso Jailed For 18 Months

As Accused Already Served 15 Months Behind Bars

By  Staff Reporter James Jammeh, Banjul

Musa Suso the former APRC National Assembly Member for Kombo North Constituency, who was standing trial on four counts of giving false information to a public officer was Friday December 11th, 2009, convicted and sentenced to 18 months imprisonment by Magistrate Olajabutu Kayode of the Bundung Magistrates Court.

In delivering his judgment before a crowded court, the presiding magistrate said the accused was charged with four counts of giving false information to a public officer contrary to section 114(A) of the criminal code cap 10 volume 3 Laws of the Gambia 1990, and that he has been found guilty as charged. He informed the court that the prosecution has called four witnesses and tendered 6 exhibits in order to prove its case beyond all reasonable doubts.

According to the sitting magistrate, the defense counsel for the accused argued that the accused has never given  false information to any public officer, neither the former Director of prison, nor its staff. He further told the court that PW1 in his testimony stated that he has never been confronted by the accused regarding the satellite disc.

Kayode also noted that the accused in his evidence stated that the satellite was installed at the compound of David Colley, but was later removed from Mr. Colley's house by some prison officers, but no prison officer appeared in court to testify. He stated that PW1 David Colley denied of any dead bull was given to prisoners, which might have resulted to the death of some prisoners as alleged by the accused.

Going further in his judgment, Kayode stated that the defense witness number 2 (DW2) also stated that in his testimony that some prison inmates died, as some suffered from diarrhea and stomach ache. This was attributed to the dead bull served to them. He also told the court that DW5 also in his evidence in chief stated that he was informed by one prison inmate that some prisoners died and suffered from stomach pain after eating the dead bull and he would stop eating the prison meat.

 In conclusion, Magistrate Olajabutu noted that the dead bull was brought to the prison to feed inmates based on the testimonies given by the defense witnesses. He said the Gambia is a Muslim country, so to feed people with dead animal is unislamic and unacceptable.

Meanwhile,  the accused is convicted and sentenced as follows: Count one, giving false information to public officers, he was convicted and sentenced to 6months imprisonment.

Count two, given false information to public officer, he was convicted to 6 months imprisonment.

On Count three, giving false information to public officer regarding to the dead bull, he was acquitted and discharged. And finally on count four given false information to public officer, he was convicted and sentenced to 6 months and the terms to run consecutively.

In his plea of mitigation, the defense counsel Lawyer Lamin Jobarteh sought the indulgence of the court saying that the convict is married with two wives and ten children, and that he is responsible for  his family’s survival. 

The convict who was granted amnesty by the President on drug trafficking related cases, has been jailed once again. Lawyer  Jobarteh observes that the convict  has been detained in custody for 1 year 3 months and has suffered enough. Jobarteh further told the court that the accused therefore deserve the indulgence of the  court to tamper justice with mercy saying that it is one of the highest consideration any individual no matter what your instincts are.  He reminded the court that even the late Saddam Hussein do exercised mercy in some instances while in power.

Jobarteh also stated that the charged is a misdemeanor, adding that even if the convict was convicted the first day he would have by now completed his sentences. Lawyer Jobarteh further urged the court to exercise some degree of mercy with his client. He says  there has not been any adverse report on the convict since he was incarceration at Mile 2.

 He finally urged the court to exercise mercy noting that they would advise themselves on the issue of conviction.

The wife of the convict  was in court. She shed tears  as the Magistrate delivered his judgement. Musa Suso was escorted by security officers to the central prison.