By Kebba Jeffang
Following repeated rephrased questions raised by the prosecutor
concerning the power of the President being objected to by the defence counsel entirely, Lawyer Antouman Gaye warned that care must be taken as to what people ascribe to the President of the Republic.This issue came up on Wednesday, 1st April, 2015 during cross
examination of the 1st accused person Sheikh Muhideen Hydara by the
prosecution in a joint trial with his village Alkalo Buyeh Touray both
from Darsilameh Sangajor.
When the matter was called-up, the IGP was represented by police
prosecutors Chief Inspector Camara and Sub-Inspector Ebrima Sarr
whilst lawyers Antouman Gaye and Lamin K. Mboge appeared for the
accused persons.
Earlier in the proceedings, Caliph General Hydara in concluding his
evidence-in-chief told the court that there are two different types of
diseases humans can suffer from. He said the first one is a disease
that can be detected by the person himself while the other one can
only be detected by doctors. He said if the court wants to find out
what type of disease that Muhammad Lamin Touray, the president of the
Supreme Islamic Council (SIC) is suffering from, they can call him
to tell the type of disease he is suffering from, but for him he
doesn’t know.
Asked whether he was requested to do anything by Imam Abdoulie Fatty
and his people, he responded in the negative adding that “they didn’t
tell me to do anything.”
“During the meeting we had with Imam Fatty and his people, he Fatty
did told us that he was the one who arrested us and not the President
of the Republic. They didn’t tell me to apologise. The people I can
recognize and identify by name at the meeting were Imam Abdoulie
Fatty and Muhammad Lamin Touray. Another speaker I cannot recognise
was one Ebrima Jarju,” said Sheikh Hydara.
“Did you conspire with the Alkalo to disobey the President’s order”
asked lawyer Mboge. “No, we didn’t do that,” he replied.
“I also deny the second charge that I conspired with Alkalo to disobey
the President’s order by praying on the 29th July, 2014. I earlier
told the court that we did not see the moon on Sunday but it was seen
on Monday, that was why we prayed on Tuesday, 29th July, 2014,” Sheikh
Muhideen Hydara concluded.
Under cross examinations, Sub Inspector Sarr asked “Is it correct that
you are the Caliph General in the Gambia and Senegal?” “Yes,” adding
that of the Sheriff.
Caliph General said he has followers who are looking up to him. He
said whenever he gives instructions it is accepted by them with the
help of God. He said he knows that the President of the Republic is
the Executive leader of the country.
“Is it correct that he has the executive authority over all of us?
Asked SI Sarr.
This question was objected to by the leading counsel Gaye describing
it as a legal question and cannot stand.
Court asked the prosecutor to rephrase the question.
“Is it correct that the words of the President should be obeyed?”
prosecutor rephrased the question.
Lawyer Gaye again objected to the question on the same grounds. He
said “we should be mindful of what we ascribe to the President.
“Is it true that you were the one who led the prayer on the 29th July,
2014 and that the 2nd accused person was part of the congregation?”
asked prosecutor Sarr. The 1st accused responded in the positive.
“Is it not correct that that whatever the President said should be
respected?” asked SI Sarr.
Defence counsel again objected to the question describing it as an
omnivorous question. He said the prosecutor should be careful to what
he ascribes to the President.
At this juncture, the matter was adjourned to the 9th and 13th of
April at 2pm respectively for the continuation of cross examination.]]>
