Gambia’s Cassamance Rebels court case Resumes December 14
By Ismaila M.S. Naban
BANJUL, The Gambia - The criminal Appeal of the nine MDFC rebels who were convicted in the Gambia on various criminal offences, is expected to resume at the High Court in Banjul , on 15 December 2008.
The case could not proceed at the last adjourned date, November 21, because the presiding judge Hon. Mr. Justice Joseph Wowo,  a Nigerian National was said to be sick. The appelllants (now eight in number as one is pardoned) were present in court escorted by prison warders from the Mile 2 Prisons in Banjul.
It could be noted that the nine members of the Movement of Democratic Forces of  Cassamance (MFDC) who represented themselves throughout the trial at the lower court,  were early  this year convicted  and sentenced by  Magistrate Mr. Kayode H.Olajubutu ( a Nigerian ) Magistrate at  the Banjul Magistrates’ Court,  to various imprisonment terms, ranging from one to  five years, without  any option of a fine. The MFDC in Cassamance has been struggling for independence from Senegal.
The nine convicts, namely Sidat Jarju (alias Abuja), Ebrima Viex Colley (alias Abelemden), Nuha Jammeh (alias Assambane), Lamin Taewo Sambou, Ansumana Jarju, Tamsir Badjie, Joesph Jatta, AbdouSalam Jammeh and Wuyeh Jarju (alias Hendricle Mendy)- all arrested in the Gambian  soil- were  charged  with conspiracy  to commit felony (terrorism activities); spying (on the Gambia); receiving stolen properties (military equipment);  and illegal  transfer of firearms, inter alia, contrary to the Laws of The Gambia.
 But the ninth convict, Wuyeh Jarju, was said to have been part of the prisoners who benefited from this year’s  Presidential pardon of prisoners.
 It could be refreshed that Magistrate  Olajubutu, in delivering his verdict before a  crowded courtroom-mainly  dominated by family members of the convicted rebels- had said  inter  alia that, the accused persons had admitted in their cautionary statements that they are non-Gambians; that they are from  Cassamance, in Senegal. 
While noting that  Abdou Salam (8th acused) did not admit this in his cautionary statement, but he said he had admitted under cross-examination by theDPP, that he is a citizen of  Cassamance. 
So, the magistrate  had said pursuant to their plea on Count 6, it’s logically to conclude that all the  accused had Gambian documents that permitted  them to enter the country like Gambian citizens.
Olajubutu had also noted that the  accused, in their cautionary  statements, each  gave an  account of how he  acquired  the documents.
Noting that their cautionary statements had implicated them enough, the trial magistrate has also said, that coupled with their testimonies, established that they had unlawfully entered the Gambia . 
 However, he said there was a frivolous attempt by the 9th accused (Wuyeh) to deny the charge, when he said he entered the Gambia with a laisse-passe.
Olajubutu described that as an afterthought, and he held that the prosecution had discharged the burden of proof against the  2, 3, 4, 5, 7, 8, and 9th accused  persons despite  their denial of the charge. 
And he said  sentencing on Count 4 would be  passed on them simultaneously with that of the 1st and 6th accused  who pleaded guilty to entry in the Gambia without a permit lawfully issued.  
On Count 5- Illegal transfer of firearms- brought pursuant to the Arms and  Ammunition Act, it could be recalled that the magistrate in  evaluating the evidence adduced before him, had among other things, said it was pertinent to note that all the accused are  self-confessed members of the MFDC rebel movement operating in Cassamance.
He also averred that the prosecution witnesses gave evidence touching on firearms.
That  PW1, Salifu Nyang (who’s part of the investigators) tendered the statement of  Sidat Jarju (1st accused) and it was admitted. 
The Magistrate had read  out the portion of the said statement wherein  the 1st accused  said the “Group of Five”- which he’s part of – discussed with the 9th accused (Abdou Salam) for him to buy arms and ammunition for them; and they gave him money for that purpose.
He also quoted PW2, Amadou Sanyang, a  Police Officer, who testified that Abdou Salam had  told  him that he is not a member of the MFDC; but rather he is their marabout.  And that the 8th accused had given the names of the Group of  Five based in the Gambia . 
The prosecution witness was further quoted as saying that the 8th accused also told him that he (8th accused ) was given money by the ‘G5’ so as to buy arms for them.
Having dissected the entire evidence, he convicted and  sentenced  Sidat Jarju  to  2 years imprisonment on count 1; one year  on count 2; three years on count 3; six months on count 4; six months on count 5; and six months on count 6. 
He  said  Sidat is therefore  sentenced to a cumulative period of 6 years 6 months, less by the one year he spent under detention.
This means he would now have to  spend  5 years and 6 months in jail- sentences to run consecutively, without an option of a fine. 
The 2nd accused is sentenced on: 
Count 1           -           2 years
Count 2   -               1 year
Count 3   -               2 years
Count 4   -               6 months
Count 5   -               6 months
Count 6   -               6 months
He was consequently sentenced to a cumulative period of 6 years and 6 months- minus the one year in detention.  He was thus going to serve a  cumulative period of  5 years and 6 months.
The 3rd accused had a cumulative period of 6 years and 6 months, less by the period he spent under detention, meaning he is to spend 4 years, 4 months in prison.      
The 4th accused was sentenced to the cumulative period of  3 years – minus the one year he spent in detention.  He is to spend  2 years in jail. But he  was acquitted  and discharged on  counts 3 and 5.
Ansuman  Jarju (5st accused) had  cumulative period of  3 years less by one year. He’s to spend 2 years in prison, as he was acquitted and discharged on counts 4 & 6.
The  6th accused has  2 years imprisonment terms; the 7th accused has the total of  2 years; and  the 8th accused has the  total  imprisonment terms of  4 years, 6 months; while the 9th accused is sentenced to one year. Their period of detention had been subtracted from their cumulative  terms. 
The 7th accused was acquitted and discharged  on counts 3 and 5; while  the 9th accused (Wuyeh)  was acquitted and discharged on count 5.  The appellants are currently serving their sentences at the Prison in the Gambia. They are now being represented in this appeal by a Gambian lawyer.