In Femi Peters Case, 3rd  Witness Testifies

By Staff Reporter James Jammeh, Banjul

Momodou Sowe, third prosecution witness in the ongoing trial of Mr. Femi Peters, Campaign Manager of the Gambia's opposition United Democratic Party, on Tuesday, December 22nd, 2009, testified against the defence. Mr Peters is standing trial before Principal Magistrate Joseph Ikpala of the Kanifing Magistrates Court.

Momodou Sowe who described himself as the Deputy Commissioner of Police in  charge of Kanifing  Division told the court that he recognized the accused in the dock very well, and he recalled that on the day in question, the 24th of October, 2009, between the hours of 17.55 and 1800pm, while he was on duty he received a telephone call from his deputy, Superintendent Ebrima Manneh {pw1}, who informed him that there was a political rally been held by the UDP at Ebony Junction in Serrekunda.

“I instructed pw1 to find out whether proper documentation was acquired by the accused to allow them hold a rally and the use of a public address system,” Sowe said.

Going further in his testimony, the police commissioner adduced that after some moment, Manneh telephoned him back, telling him that he had requested to see the permit from the accused who he replied in the negative.

“I left for the venue, myself, and upon arrival at the rally, I found a gathering and the rally was in progress,'' Sowe told the court.

Further testifying before the court, the police commissioner adduced that himself, Omar Jawo and Sabu Ceesay all approached the accused on the ground and enquired whether they had secured a permit to go ahead with the rally and to use a public address system. He said the accused replied that he was not in mood to answer that question, asking them instead to wait until after the rally ends. He said the accused went on to say that whenever he is called then, he would answer that question.

According to Commissioner Sowe, the venue was over crowded and so they had to withdraw from the crow and stood some few meters away. He said that when the rally came to an end, the party held a procession and escorted a vehicle which headed towards Serrekunda Mosque. He said that all this while, the UDP supporters were using the public address system. Mr Sowe also informed the court that no permit was eventually shown to them after the rally.

“I know that he is the Campaign Manager of the party, and  he was arrested and charged for the offence, and I made a statement to that effect,” Sowe informed the court.

After giving his evidence in chief, the prosecution witness was  cross examined by defense counsel, Lawyer Ousainou Darboe, who happens to be the party leader of the UDP.

In his cross examination, Mr Darboe asked, ''you said you went to the venue, when you went there did you find the accused sitting?''

“I found the accused standing around the pavilion, sowe replied. Darboe asked, ''what did you find him doing?''  Sowe said, “I found him talking to the people.''  Darboe said, ''is the permit issued by the commissioner of operation?'' Sowe replied that as far as he knows, the commissioner of operation issues permit and sign them.Darboe said, ''you said you are deputy commissioner of  police and you have been in the police for at least  20 years?'' The police commissioner replied in the positive.

Darboe said, ''for all the years you serve in the police, you do not know for all these years who issue a permit?'' The witness replied that the entire permit he received in his office were issued and signed by the Commissioner of Operation.   Darboe said, ''Have you called him to ask for the permit.'' Sowe replied in the negative. 

Darboe asked, ''have you seen any rejection letter from the Commissioner of Operation or any person regarding the UDP rally?'' The witness replied in the positive. Darboe said, ''Can you  bring that letter.''  The witness replied in the negative, saying that it was in the file.

Darboe said, ''you are here  in the court as police officer and representing the Gambia police?''The witness replied in the positive. Darboe asked, ''if you are given an opportunity to bring the said letter, will you produce it?'' The Witness replied in the positive.

After the short cross examination, the defense council informed the court that he wished to apply for the witness to produce in court the said application letter which was rejected, barring the UDP from holding a rally. But his application was objected to by the prosecution, who stating that the witness had stated that he is not in custody of the said document, and that the said document will come as part of their case as they intend to tender it with their next witness. The prosecution therefore urged the court to dismiss the defense application.

The defense counsel however stood up again and insisted this was the right time for the witness to produce the said documents, arguing that other than today his cross-examination will be nullified.

But Darboe's application was eventually overruled by the presiding magistrate. The case was then adjourned to the 6th of February.

END 12/22/09