The appeal of Lamin LK Mboge, defence counsel for Marie Sanneh, the 5th accused person in the ongoing multiple criminal charges filed in by the state against Ibrahim Bun Sanneh and Co, was yesterday February 7th 2012, rejected by the Special Criminal Court in Banjul, presided over by Justice Emmanuel Nkea in Banjul.

This development came hard on the heels of the completion of evidence under cross-examination adduced by Karamo Bojang, former deputy director of the National Drug Enforcement Agency (NDEA). When the witness completed his evidence under cross-examination led by the deputy director of Public Prosecution (DDPP) S.H Bakurn, LK Mboge rose and appealed to the presiding judge to allow him to cross-examine the witness, which made the DDPP to raise an objection on the grounds that the defence counsel had earlier on waived his right to cross-examine the witness and as such he cannot turn round to say he wants to cross examine the witness at the end of the prosecution’s examination.

“My Lord, I object to the application made by the defence counsel pursuant to Section 190 of the Criminal Code, Laws of The Gambia. The defence cannot waive his right to cross-examination and later turn up to apply for cross-examination at the end of the prosecution’s cross-examination,” the DDPP said.

However, L.K Mboge countered the objection of the prosecution by saying the cited Section made by the prosecution did not provide such, instead it made provision for cross-examination of the witness. He therefore urged the court to accord him the opportunity to cross-examine the witness. He was supported by his co-defence counsel PC Secka, who announced his representation for the former deputy director of NDEA.

The presiding judge concluded the legal argument by overruling the application of the defence counsel on the grounds that the defence has waived his right to cross-examine the witness. “The court cannot entertain such a development, because the defence counsel has waived his right to cross-examine the witness. Allowing the defence to cross-examine the witness at the end of the cross-examination of the prosecution. If the defence should be allowed to cross-examine the witness, it will likely raise issues that the prosecution may want to again cross-examine the witness, which may delay proceedings of the matter. Therefore, the application of the defence is overruled,” Justice Nkea said, paving the way for a date to be set to hear evidence from the fifth accused person, Marie Sanneh.

Before the matter was adjourned, Justice Nkea posed a question to the court as to why the fifth accused Marie Sanneh was in court. “I don’t know the reason why this woman is in court. I don’t know the reason for her being in court, because I went through this case file for several times, but I have not seen anything relating to her, so I don’t know why she is in court,” Justice Nkea remarked. The DDPP then explained that the witness was in court because she was charged with aiding the payment of some amount of money to the NDEA. However, both PC Secka and LK Mboge responded by saying the same money was a state fund.

Meanwhile, when the case was called for continuation, Karamo Bojang mounted the witness box, where the deputy director of Prosecution asked him series of questions relating to the charge against him. According to Karamo Bojang, all the allegations leveled against him are false and covered with fabrications. Asked as to what was his reaction to an allegation made by one Saikouba Jammeh that he (Bojang) stole some drugs from the NDEA, Bojang said Saikouba Jammeh was subjected to an administrative disciplinary measures, because he dismissed him from the NDEA and he was also charged with the offence of lying though he does not know the number of counts pressed against the said Saikouba Jammeh.

Karamo Bojang denied working again with Saikouba Jammeh at the NDEA, saying he only came to know that Saikouba works for the NDEA when he (Saikouba) testified in court as PW3. The former NDEA deputy director insisted that he was telling the truth to the court.