One Babou Loum, a video operator resident in Barra in the North Bank Region, Tuesday told the Special Criminal Court(SCC) in Banjul, presided over by Justice Emmanuel Nkea that he was present at the NIA headquarters in Banjul as an independent witness when the cautionary and voluntary statements of one Alieu Lowe were obtained.

The witness made this disclosure whilst testifying as a witness in a voire dire in a concealment of treason trial involving the state against Abdoulie Njie and Alieu Lowe. The accused persons are standing trial on five counts of concealment of treason and perjury and subordination of perjury contrary to the Laws of The Gambia.

According to the particulars of offence, the first accused Abdoulie Njie on or about the 19th March, 2006 at diverse places in the Republic of The Gambia, knowing that Alieu Jobe, Hon. Demba Dem and others intended to stage a coup d’état and overthrow the president and democratically elected Government of The Gambia by force of arms, did not give information thereof within all reasonable dispatch to a Minister, a Magistrate, a police officer or a member of Armed Forces.

The charge further disclosed that the 1st accused Abdoulie Njie on or about the 19th March, 2006 in diverse places in the Republic of The Gambia knowing that Alieu Jobe, Hon. Demba Dem and others intended to stage a coup d’état and overthrow the President and democratically elected Government of The Gambia by force of arms, did not take reasonable and necessary steps to prevent the commission of the said offence.

Whilst the 2nd accused Alieu Lowe on or about the 21st March 2006 at diverse places in the Republic of The Gambia knowing that Ndure Cham, Alieu Jobe, Demba Dem and others intended to stage a coup d’état and overthrow the President and democratically elected Government of The Gambia by force of arms, did not give information thereof within all reasonable dispatch to a minister, a magistrate, a police officer or a member of Armed Forces.

The charge further stated that the 2nd accused Alieu Lowe on or about the 21st March 2006 at diverse places in the Republic of The Gambia, knowing that Ndure Cham, Alieu Jobe, Demba Dem and others intended to stage a coup d’état and overthrow the President and democratically elected Government of The Gambia by force of arms, did not take reasonable and necessary steps to prevent the commission of the offence.

Alieu Lowe, the 2nd accused was further alleged that sometime in November 2006 at Banjul gave false testimony in Criminal case No: HC/2008/06/CS/37/A. In his testimony, the independent witness Babou Loum told the court that sometime on the 19th April, 2006, he had a telephone call from one Sgt. Ndure, who informed him that he was needed as an independent witness.

The witness disclosed that he crossed over from Barra to Banjul and proceeded to the NIA headquarters. Upon arrival, after introducing himself, he was led to the Major Crime Unit office where he found Detective Abdoulie Sowe and the 2nd accused Alieu Lowe who was asked to write all what he knew about the foiled 2006 coup d’état. The witness pointed out that he then advised the accused person not to fear anything and that he was present as an independent witness and that he would make sure that he wasn’t tortured.

Babou Loum told the court that after the advice, the 2nd accused started narrating all what he knew about the said foiled 2006 coup d’état in Wolof language. The witness disclosed that after recording the said statement in English language, the said statement was read to him in English language and translated in Wolof, the 2nd accused accepted and he signed and he (the independent witness) also signed. At this junction, the witness was given the said statements of the accused, which he identified.

Responding to questions posed to him by defence counsel B.S Touray, the witness told the court that he met the 2nd accused person Alieu Lowe twice. He admitted that though his name was not on one of the exhibits (statement) he did append his signature. When confronted that one of his signature was longer than the other one in the said statements, the witness replied that sometimes his signature is long or short. He was asked to produce his ID card, which he did, but it was discovered that the signature was not in the Biometric ID card.

Defence counsel Borry Touray then applied that the witness submit himself for a handwriting examination at the expense of the defence. The said application was granted and the presiding Judge, Justice Nkea produced a white sheet of paper and gave it to the witness to scribble his signatures on.

The presiding Judge then ordered that the said paper together with copies of the statements be forwarded to one Wally Joof, a handwriting expert for analysis. At this point, the matter was adjourned to the 28th May 2012 for continuation of hearing.