Lawyers Assan Martin and Edrissa Sissoho, the defence counsels in the trial of the sixteen men on Terrorism related charges, illegal entry into the Gambia and possession of illegal fire arms, on Wednesday 3 February, cross-examined Mr. Tijan Bah, who serves as the independent witness when the statements of the accused persons were taken. Mr. Bah has earlier on given evidence in the “Voire dire” (mini trial or trial within trial) to test the voluntariness of the cautionary statements of the accused persons. The accused alleged that they were forced to make statements and signed them against their will.

Mr. Bah said under cross examination that he has now lost his memory on what happened. He said this memory lost is due to the fact that the statements were taken some three years ago.
Lawyer Martin asked, “Were the statements taken by a panel or an individual?”
Bah answered, “An individual.”
Martin said, “I am putting it to you that there was a panel at NIA which questions them and no statement was taken from them.”
“No”, said Bah.
“Can you remember the date Sam Kambai’s statement was taken?”
“No”, replied the prosecution witness.
“I am putting it to you that a panel of investigators at NIA came with a piece of paper and urged Sam Kambai to sign it”, said defence counsel Martin.
Bah said, “No, I am not aware of that.”
”I am putting it to you that Sam Kambai did not sign any cautionary statement and in fact the signature on the statement is not his”, said Martin.
“I was present when he signed”, said Bah.
Martin said, “I put it to you that you have never met Sam Kambai and he never signed any documents in your presence.”
”No”, said Bah..
Under cross examination by Lawyer Sissoho, he asked the prosecution witness, “Mr. Bah, you have been a professional independent witness for the NIA for five years.”
”I’m not a professional, but have been doing the job for NIA for five years”, he said.
Sissoho asked, “Is it correct that you served as an independent witness for all the sixteen men?”
”Yes” responded Bah.
At this point exchanges developed between the witness and counsel whether he has been doing a noble or dirty work. The magistrate objected to the adjectives used to describe the nature of the work Bah has been doing. Counsel Sissoho withdrew the question but went on to say:”I am putting it to you that you have already signed your name and address on all the cautionary statement forms at the NIA, but you have never been there when statements are taken.”
Bah said, “No, no, that is not correct.”
Sissoho said, “I am putting it to you that when Mumini Bah was forced to kneel down and made to sign the statement you were not present.”
Bah said, “No.”
Sissoho asked “You were the independent witness in the case of the seven journalists?”
Bah said, “Yes I was.”
Sissoho asked, “Are you still doing this noble job for NIA?”
“Yes, I still do it”, replied Bah.
Sissoho continued to ask the prosecution witness, “Why in the whole of Banjul with a population of 200 thousand the NIA only calls on you to serve as an independent witness?”
Bah said, “They believe in me.”
Sissoho said “I am putting to you that they called on you because they rely on you to lie for them.”
Bah said, “No.”
“Before you signed as a witness, do you know how long they have been in detention?” asked lawyer Sissoho.
”No”, Bah responded.
I am putting it to you that they have spent three (3) years in detention at the NIA and at Mile 2 Prison before you signed their statements”, said the defence counsel.
“No”, said Bah.
Sissoho asked, “I am putting it to you that within the time that they were in detention, anything could happen to them.”
Bah said, “I do not know of any thing that happens to them. But of course there may be a possibility that something can happen to them.”
“I am putting it to you that Mumini Bah was tortured and forced to sign the statement”, said Sissoho.
“I have no idea about that”, responded the prosecution witness.
Justice Moses Richards of the Special Criminal Division Court of the Banjul Court adjourned the case to 17February, for Lawyer Martin to submit a bail application and for defence to open their case in the mini trial.