By Yankuba Jallow
The State has instituted an amended charge sheet in the long standing criminal trial involving former senior officials of the National Intelligence Agency (NIA).
The senior officials now face 25 charges and are yet to take their plea.
The State has made many changes in the former charge sheet by including new names and additional charges.
On the last adjourned date, the first accused person, Mr. Yankuba Badjie, the former Director General of the former NIA, was announced in court to be seriously sick and currently admitted at the Edward Francis Small Teaching Hospital.
The court has denied them bail saying the charges they face include non-bailable offences.
The accused persons are: Yankuba Badjie, the former Director General Louis Gomez, former Deputy Director, Saikou Omar Jeng (alias Sir Jeng), the former director of Operations, Haruna Susso, Yusupha Jammeh, Tamba Masireh, Lamin Darboe, Baboucarr Sallah, and Lamin Lang Sanyang.
The men are facing trial at the Banjul High Court, presided over by Justice Kumba Sillah-Camara.
The prosecutors are now Lawyers Antouman AB Gaye, Lamin S Camara, Yassin Senghor and Combeh Gaye.
The new charges on all the counts were instituted in reference to the criminal codes cap 10:01, volume 3 of the Laws of the Gambia.
On count 1, the 8 accused persons excluding the 9th accused, are charged with murder contrary to Section 204.
The 9 accused persons excluding the 9th accused Lamin Lang Sanyang, are alleged to have agreed upon themselves to murder one Solo Sandeng, on the 14th day of April 2017.
On count 2, the same persons are charged with murder, contrary to section 187 and punishable under section 188.
They are alleged to have killed one Solo Sandeng at the NIA premises in Banjul.
On count 3, the same persons are charged for causing grievous harm contrary to Section 214.
The same men according to the particulars of offence, are alleged to have caused grievous harm to one Nogoi Njie.
In addition, on count 4, they are charged with causing grievous harm contrary to Section 214 in which the particulars of offence claim that, the 8 accused persons are alleged to have unlawfully caused grievous harm to one Kafu Bayo.
On the fifth count, the 8 accused persons are charged with causing grievous harm contrary to Section 214 in which they unlawfully caused grievous harm to one Modou Ngum. On count 6, the 8 accused persons are charged with causing grievous harm contrary to Section 214.
According to the particulars of offence, the 8 accused persons are alleged to have unlawfully caused grievous harm to one Ebrima Jabang.
On count 7, the 8 accused persons are charged with causing grievous harm contrary to section 214 and according to the particulars offence, the 8 are alleged to have unlawfully caused grievous harm to one Fatou Camara.
On count 8, the 8 accused persons are charged with causing grievous harm contrary to Section 214.
According to the charge sheet, they are alleged to have unlawfully caused grievous harm to one Fatoumata Jawara.
Furthermore, on count 9, the 8 accused persons are charged with conspiracy to commit felony contrary to section 368 in which they are alleged to have conspired to commit a felony to wit: by agreeing to cause grievous harm on Nogoi Njie.
On count 10, the 8 are charged with conspiracy to commit felony contrary to Section 368 in which they are alleged to have conspired among themselves by agreeing to cause grievous harm on Kafu Bayo.
On count 11, they are charged with conspiracy to commit felony contrary to Section 368 in which they are alleged to have conspired among themselves by agreeing to cause grievous harm on Modou Ngum.
On count 12, they are charged with conspiracy to commit felony contrary to Section 368.
The 8 accused persons on this count are alleged to have conspired among themselves by agreeing to cause grievous harm to Ebrima Jawara.
On count 13, the 8 accused persons are charged with conspiracy to commit felony contrary to Section 368 by agreeing among themselves to cause grievous harm to Fatou Camara.
On count 14, the 8 accused persons are charged with conspiracy to commit felony contrary to Section 368 by agreeing among themselves to cause grievous harm to Fatoumata Jawara.
Lamin Lang Sanyang, the 9th accused person on count 15, is charged with accessory after the fact to murder, contrary to Section 202 in which he is alleged to have aided the other 8 accused persons to dispose of the body of one Solo Sandeng with intent to impede the apprehension or prosecution of the 8 accused persons, knowing and believing that, the 8 accused persons had committed murder of one Solo Sandeng.
On count 16, Lamin Lang Sanyang is charged with accessory after the fact to murder contrary to Section 202 in which he is alleged to have fraudulently prepared a death certificate without lawful authority or reasonable excuses by stating that one Solo Sandeng has died of natural causes with intent to impede the apprehension or prosecution of the other 8 accused persons knowing and believing that they have murdered Mr. Sandeng.
On count 17, the 1st, 3rd and 9th accused persons are charged with forgery contrary to section 324.
Under this count, Yankuba Badjie, Sheikh Omar Jeng and Lamin Lang Sanyang with intend to deceive, falsely made and signed the death certificate attesting the cause of the death of one Solo Sandeng.
On count 18, they are charged with making document without authority contrary to Section 332 (a).
According to the particulars of offence on this count, Lamin Lang Sanyang who is said not to be a pathologist and without lawful authority, made and signed the death certificate in respect of one Ebrima Solo Sandeng.
Moreover, on count 19, the 1st, 3rd and the 9th accused persons are charged with fabricating evidence with intent to mislead a tribunal in judicial proceedings contrary to section 98.
According to the particulars of offence on this count, Yankuba Badjie, Sheikh Omar Jeng and Lamin Lang Sanyang are alleged to have wilfully made or caused to be made, a false death certificate in respect of one Ebrima Solo Sandeng, for it to be used in judicial proceedings.
On count 20, the first and the second accused persons are charged with disobedience to statutory duty contrary to Section 115.
Under this count, Yankuba Badjie and Louis Richard Leese Gomez in their former positions as the Director General and Deputy Director General of the former NIA respectively, are alleged to have wilfully disobeyed the provision of Section 6 of the Coroner’s Act Cap 7:04 of the Laws of the Gambia, by failing to give notice of the death of one Solo Sandeng to the nearest Coroner.
On count 21, the 1st, 2nd and 3rd accused persons are charged with abducting in order to murder contrary to Section 235.
Under this count, the particular of offence stated that Yankuba Badjie, Louis Richard Leese Gomez and Sheikh Omar Jeng are alleged to have unlawfully abducted and carried away one Solo Sandeng from the Police Intervention Unit (PIU) at Kanifing, and took him to the NIA headquarters in Banjul so that he can be tortured and murdered.
On count 22, the 1st, 2nd and 3rd accused persons are charged with abduction in order to subject persons to grievous harm contrary to section 237.
According to the particular of offence, Yankuba Badjie, Louis Richard Leese Gomez and Sheikh Omar Jeng are alleged to have unlawfully abducted and carried away one Nogoi Njie from the Police Intervention Unit (PIU) at Kanifing and took her to the NIA headquarters in Banjul so that she can be tortured and suffered grievous harm.
In addition, on count 23, the 1st, 2nd and 3rd accused persons are charged with abduction in order to subject persons to grievous harm contrary to section 237 in which the particular of offence states that Yankuba Badjie, Louis Richard Leese Gomez and Sheikh Omar Jeng alleged to have unlawfully abducted and carried away one Modou Ngum from the Police Intervention Unit (PIU) at Kanifing and took him to the NIA headquarters in Banjul so that he can be tortured and suffered grievous harm.
On count 24, the 1st, 2nd and 3rd accused persons are charged with abduction in order to subject persons to grievous harm contrary to section 237.
Under this count, Yankuba Badjie, Louis Richard Leese Gomez and Sheikh Omar Jeng are alleged to have unlawfully abducted and carried away one Ebrima Jabang from the Police Intervention Unit (PIU) at Kanifing, and took him to the NIA headquarters in Banjul so that he can be tortured and suffered grievous harm.
On the final count which is count 25, the 1st, 2nd and 3rd accused persons are charged with abduction in order to subject persons to grievous harm contrary to section 237.
According to the particular of offence under this count, Yankuba Badjie, Louis Richard Leese Gomez and Sheikh Omar Jeng are alleged to have unlawfully abducted and carried away one Kafu Bayo from the Police Intervention Unit (PIU) at Kanifing, and took him to the NIA headquarters in Banjul so that he can be tortured and suffered grievous harm.
