Update on Court Hearing on Wednesday, 9th March 2011

Witnesses did not turn Up in GAMCOTRAP Case hearing.

Four witnesses failed to turn up to testify in the allegation of theft case agai
nst GAMCOTRAP officials, Dr. Isatou Touray and Amie Bojang- Sissoho at the Banju
l Magistrate on the 9th March at 2011.
Prosecution Officer, Superintendent Sainey Joof applied for an adjournment of th
e hearing because four Prosecution witnesses (2 from the Upper River Region and
2 from the Central River Region) did not turn up in court. Prosecution Office
r Joof told the court that a fax message was sent last Friday to the Police in B
asse to inform the women that they should report to the Court in Banjul to testi
fy in the GAMCOTRAP case hearing. â We have subpoenaed them to come but they are not
here. The main office here has sent the fax to the Police so that they can use
that to inform them.â
The lead Defence Counsel, Amie Bensouda objected to the adjournment because the
Prosecution had enough time of four weeks, since the 3rd of February 2011 to arr
ange for its witnesses to come to the court. She informed the Court that it is
against the Constitutional rights of the accused to delay the court process. Sh
e further noted that the Defence has not been notified about the specific witnes
ses who have been called to testify to enable the Defence Counsel to prepare for
its cross examination and defence. Lawyer Bensouda reminded the new magistrate
that his predecessor had already ordered the Prosecution to provide the Defence
with all relevant information regarding the witnesses.
The Principal Magistrate Taiwo Ade Alagde informed Prosecution Officer Sainey Jo
of that the witnesses cannot be subpoenaed if they have not resisted appearing a
s witnesses. â These are respectable women and you cannot force them to comeâ , he asser
ed. After hearing from the Prosecution and the Defence, Principal Magistrate
Alagde agreed to adjourn the case and noted that if the Prosecution witnesses ar
e not available at the next hearing, the Prosecution will close its case and the
Defence would start its case to avoid further delay.
It could be recalled that the witnesses being summoned to give evidence against
the two GAMCOTRAP officials, Dr. Touray and Ms. Bojang-Sissoho are the Ex-Circum
cisers who were trained by GAMCOTRAP and who have made public declarations to st
op and protect girls from Female Genital Mutilation (FGM). During the last hea
ring on the 3rd February 2011, the Director of Yolocamba, Begoña Ballesteros denied
accusing the GAMCOTRAP officials of theft and stated that she did not bring the
m to court.
The Defence Counsel consists of Lawyers Amie Bensouda, Ebrima Jah and Lamin Mbog
e.
The GAMCOTRAP case continues to attract public interest. The court was once aga
in full to capacity. Amongst those present was a prominent Gambian Lawyer based
in the United States, Edi Fall who came to give moral support and to observe the
proceedings. It should be noted that for the first time in the twenty court ap
pearances since the GAMCOTRAP case started, the Police Intervention Unit Officia
ls were not present.