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Lawyer Wants Court to Sign Subpoena for TRRC to Produce Edward Singhatey’s Testimony Regarding Koro Ceesay’s Demise

Defence Counsel A. Sisoho has made an application for the Banjul High Court to sign a subpoena ordering the Executive Secretary of the TRRC to produce official statement of Edward Singhatey, a former member of the AFPRC.

Edward Singhatey, together with Yankuba Touray (the accused person), were both members of the Armed Forces Provisional Ruling Council (AFPRC) after toppling the regime of ex-President Sir Dawda Kairaba Jawara in July 1994.

Touray, a retired military captain is accused of murdering Ousman Koro Ceesay who was the Minister of Finance in June 1995 at his residence in Kerr Sering.

When the question was put to Singhatey before the Truth, Reconciliation and Reparations Commission (TRRC) he denied participating in the murder of Ousman Koro Ceesay.  Singhatey vehemently denied knowledge of the accusation levied against him and Touray as he rebuffed Kanyi’s allegation that they all participated in the murder of Koro Ceesay.

When Yankuba Touray was asked to give testimony before the TRRC, he rescinded from testifying as he relied on his claimed constitutional immunity. This was when he was arrested and tried based on the allegation made against him by ex-Corporal Alagie Kanyi of Jarra Sankuya.

The prosecution called nine witnesses to prove their case but after closing their case, Yankuba’s lawyer made a ‘no case of submission’ saying his client has no case to answer. The high court judge, Justice Ebrima Jaiteh dismissed the application and asked the ex-military officer turned politician to open his defence.

Touray brought his sister-in-law, Awa Minteh as his first defence witness. She gave her evidence-in-chief and was cross-examined by the prosecution. Following Awa’s discharged by the court, the Defence Lawyer Sisoho made the application for the court to sign the subpoena ordering for the production of documents by the Judicial Secretary and the Executive Director of the TRRC.

One of the subpoena was for the court to order the Judicial Secretary to produce the Coroner’s Inquest Report in respect of the dead of Ousman Koro Ceesay and the other was for the court to order for the Executive Secretary of the Truth, Reconciliation and Reparations Commission (TRRC) to produce the official statement of Edward Singhatey and his statement regarding the dead of Ousman Koro Ceesay. Both motions for the subpoena were dated the 15th June 2020.

Lawyer Sisoho relied on sections 220 and 221 of the Evidence Act as well as section 241 of the Criminal Procedure Code (CPC) when he moved his motion for the subpoenas to be signed.

“They (Judicial Secretary and the Executive Secretary of the TRRC) are not going to give evidence but to produce documents,” Sisoho said.

Lawyer Sisoho’s application for the court to sign the subpoena was supported by a 20-paragraph affidavit. 

“I want to submit straight away that there is no affidavit in opposition to the affidavit in support. It is trite that an affidavit which stands unchallenged, undenied and uncontroverted is deemed as admitted,” Sisoho told the court as he relied on several decided court cases.

Sisoho maintained that the documents they are seeking through the Judicial Secretary and the Executive Secretary of the TRRC are very essential to their defence.

“We urge the court to sign the subpoena filed on the 15th June 2020,” Sisoho said.

He added: “With humility, without the production of these documents will cause great hardship to the accused and will amount to a denial of his constitutional right to a fair hearing. The documents are very crucial to his defence.”

Sisoho informed the court that prosecution witness six, Alagie Kanyi testified regarding the dead of Ousman Koro Ceesay and gave two versions of the incident. Sisoho said in one of his versions, Kanyi mentioned that it was Edward Singhatey who killed Koro Ceesay and in the other, he said it was a group who participated in the murder of Koro Ceesay.

The senior lawyer said to clear the air it will be prudent for the documents to be produced.

The matter was adjourned to the 6th July 2020 @2 pm for the reply on the two motions. The State prosecution team has indicated they will object to the two motions.

 


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