At the start of the legal proceedings Lawyer Ousainou Darboe and Co announced their non participation in the trial. However the presiding Judge Justice Dada at the High Court continued without giving the defense the option of electing another defense team.
On 9th June 2016 Gainako reported news that the defense lawyers had walked out of the court house to protest, after a Nigerian judge Justice E. O Dada presiding over the case failed to prevent security personnel present in court from interfering with lawyers wishing to speak to their clients in private. Since the defense team walked away from the court they have not returned or been replaced to represent Lawyer Darboe and Co.
The 2nd Prosecution Witness, Chief Inspector Camara testified against Ousainou Darboe and others despite the absence of lawyers for the accused persons. The witness informed the court that he is a resident at Tallinding who knew one Musa Sanyang, deputy Superintendent of Police of Kanifing PIU.
In response to a question from the DPP, Camara said he could recognise some of the accused persons. He said on Saturday 16 April 2016 between the hours of 11 a.m. and 12 noon, they were briefed to patrol at the Kairaba Avenue led by Musa Sanyang.
He said they saw a group of people on their way to Kairaba Avenue and decided to proceed to the Kairaba Police Station. The witness told the court that they later received information that they were walking by foot, and they (PIU officers) also boarded the truck and went there.
Camara said they saw a lot of shops closed and the traffic was blocked but they were able to go in front of them where they walked for some metres and disembarked from the truck and formed a line. He said Mr Sanyang went towards the demonstrators and asked them for a permit, which they could not produce.
According to Camara, Sanyang read a proclamation which said: “In the name of the President of the Islamic Republic of The Gambia all persons assembled here are ordered to disperse peacefully and go about their lawful businesses. Persons who do not disperse will be liable to disperse forcefully.”
He said despite the reading of the proclamation to them they insisted that they would proceed with their demonstration, adding that stones started coming from the protesters, and Superintendent Sanyang told them to fire teargas at them. He said some people ran away and others were arrested and taken to the Kanifing PIU Office and followed by further police action.
The testimony of the first prosecution witness to the accused persons and the trial judge Justice Dada asked if the accused persons have any questions or they want to wait for their lawyers Ousainou Darboe in his own words: I have stated my position on 9 June 2016, and I wish to reiterate that I have absolutely no doubt that this proceeding has been done in such a way to accelerate our pre-arranged conviction.”
When other accused persons were asked one after the other as to whether they had any questions for the witness each of them just stood up and sat down without uttering a word to the court and the judge said that the response of the accused persons have been recorded as silence.
DPP then applied for the witness to be discharged, which was granted by the court. Hearing continues on 16 June 2016 afternoon.