Lang Tombong Tamba, the former chief of defence staff (CDS) of the Gambia Armed Forces (GAF) and six others now death row prisoners at the State Central Prison at Mile II, have filed a notice of appeal against their conviction and sentence at The Gambia Court of Appeal against the judgement of the High Court delivered by Justice Emmanuel Amadi on the 15th of July 2010.

The convicts -Lang Tombong Tamba, Omar Bun Mbye, Lamin BO Badjie, Kawsu Camara alias Bombardier, Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof alias Lie Joof field their notice of appeal challenging their conviction and sentence. The appellants were charged contrary to the provision of the Criminal Code Cap 10, Volume III of the Laws of The Gambia, and in count one, the statement of offence stated that conspiracy to commit treason contrary to Section 35 (1) (g) of the Criminal Code Cap 10 Volume III, Laws of The Gambia; and the particulars of the offence stated that Lt.

General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Colonel Lamin BO Badjie, Lt. Colonel Kawsu Camara, Modou Gaye, Gibril Ngorr Secka, Abdoulie Joof alias Lie Joof and Youssef Ezzeddine alias Rambo, between 1st January and 19th December 2009 at Bijilo and other places within the jurisdiction of the High Court, conspired to stage a coup d’etat and overthrow the president and democratically elected government of the Republic of The Gambia by force of arms and thereby committed an offence.

In count two, the statement of offence disclosed, conspiracy to commit treason contrary to Section 35 (i) (a) of the Criminal Code Cap 10, Volume III, laws of The Gambia.
The particulars of the offence stated that Lt. General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Colonel Lamin BO Badjie, Colonel Kawsu Camara alias Bombadier, ex-deputy IGP Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof alias Lie Joof and Youssef Ezzeddine alias Rambo, between 1st January and 19th December 2009 procured arms and ammunition, equipment and mercenaries from Guinea Conakry and other places to stage a coup d’etat and overthrow the president and democratically elected government of the Republic of The Gambia by force of arms and thereby committed an offence.

In court three, the statement of offence disclosed conspiracy to commit treason contrary to Section 35 (1) (d) of the Criminal Code Cap 10, Volume III, laws of The Gambia, 1990.
The particulars of the count three stated that Lt. General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Colonel Lamin BO Badjie, Colonel Kawsu Camara alias Bombardier, ex-DIGP Modou Gaye, Gibril Ngorr Secka and Abdoulie Joof alias Lie Joof and Youssef Ezzeddine alias Rambo between 1st January and 19th December 2009 procured arms and ammunition, equipment and mercenaries from Guinea Conakry and other places to stage a coup d’etat and overthrow the president and democratically elected government of the Republic of The Gambia by force of arms and thereby committed an offence.

The appellants were found guilty and convicted on counts one and two by Justice Emmanuel Amadi at the High Court and they were all sentenced to death in respect of the said two counts. The appellants, dissatisfied with their conviction and sentence, filed an appeal to The Gambia Court of Appeal against the said conviction and sentence, asking the said Court of Appeal to set aside their conviction and sentence by the High Court.

In the appellants' grounds of appeal, they contended that the trial judge misdirected himself on the evidence which led him to err in law when, having held that there was material inconsistencies in the testimony of PW1 (Ebrima Marreh), he held that the evidence of PW15 (Sukuta Jammeh) provided explanation for the said inconsistencies sufficient to enable the court to accept the evidence of PW1 as to the involvement in the coup plot by Lt. General Lang Tombong Tamba, Brigadier General Omar Bun Mbye, Colonel Lamin BO Badjie, Colonel Kawsu Camara alias Bombadier, ex-DIGP Modou Gaye, Gibril Ngorr Secka, and Abdoulie Joof.

The seven appellants contended that there was misdirection as to the manner PW1 (Ebrima Marreh) gave evidence implicating them in the coup plot, noting that PW9, Lt Colonel Yerro Jallow gave evidence that PW1, Ebrima Marreh made a statement during interrogation implicating other people than them in the coup plot.

The appellants pointed out that PW1, Ebrima Marreh admitted under cross-examination that the people he named whilst under interrogation in Farafenni, held a meeting at the office of the ex-Inspector General of Police, Ensa Badjie (in which PW1 was present) planning a coup at the material time.

The seven appellants contended that PW15 simply recounted the inconsistencies narrated by PW1; he neither attempted to explain the inconsistency in the evidence of PW1 nor did he try to reconcile the said inconsistencies, noting that the trial judge misconstrued the legal effect of the evidence of PW15 in so far as he held that it had the effect of either explaining or reconciling the admitted inconsistencies in the relevant testimony of PW1.

The appellants contended that the trail judge misdirected himself on the evidence, when he held that PW2, Rui Jabbi Gassama trained 300 Mercenaries for the purposes of the coup, as the trial judge failed to find that PW2 was an accomplice, noting that an accomplice evidence needs to be corroborated in all material particulars, especially as the evidence of PW2 affected the 1st appellant, Lang Tombong Tamba, the 3rd appellant, Lamin BO Badjie and the 6th appellant, Gibril Ngorr Secka.

On the their third grounds of appeal, the appellants contended that the trial judge misdirected himself by non-direction when he relied exclusively on the alleged failure of the defence counsel to cross-examine on certain pieces of evidence when the said pieces of evidence were adequately denied by them in their respective cautionary statements tendered in evidence as part of the prosecution’s case and in their respective evidence-in-chief.

The appellants in their fourth ground of appeal contended that the trail judge erred in law when he held that PW1 Ebrima Marreh’s evidence that the 2nd appellant, Brigadier General Omar Bun Mbye, the 4th appellant, Lt Colonel Kawsu Camara, the 5th appellant, Modou Gaye and the 7th appellant, Abdoulie Joof attended meetings at the houses of the 1st appellant, Lt General Lang Tombong Tamba for the purpose of conspiracy and / or undertaking to overthrow the government of the Republic of The Gambia by unlawful means was corroborated by PW2 Rui Jabbi Gassama or at all.

The appellants on their fifth ground of appeal advanced that the trail judge erred when he held that there was sufficient or any evidence at all to establish that the 7th appellant, Abdoulie Joof provided finance, or indeed in anything in furtherance of the conspiracy charge.

On their (6) sixth ground of appeal, the appellants contended that the verdict against them should be set aside on the grounds that it is unreasonable, perverse and cannot be supported having regard to the evidence on their final grounds of appeal, the appellants contended that the sentence imposed by the trial judge against them is wrong in law as it violates section 18 (2) of the 1997 Constitution of the Republic of The Gambia.