By Muhammed Barrow
Lawyer Abdoulie Fatty, Defence Attorney for Kassim Fadera who faces criminal charges for allegedly insulting Chiefs of LRR, will file a ‘no case to answer’ submission at the next sitting of the ‘Whatsapp’ trial in Mansa Konko.
Lawyer Fatty disclosed this before the Magistrate’s Court in Mansa Konko, that the prosecution has not established any prima facie case for the accused person to open his defence.
The charges against Kassim Fadera are sedition and prohibition of conduct conducive to the breach of the peace. These charges relate to a statement he is alleged to have uttered and posted on ‘WhatsApp’. The complainants who are six Chiefs in the Lower River Region, alleged that he has insulted them in the statement.
The witness made his first appearance in Court on 12th November 2018, and was remanded at the Mansakonko Police Station and subsequently taken to the Janjanbureh Prisons, where he was detained. He was later granted bail.
When the case was called on Tuesday March 12th 2019 before Magistrate Peter A. Che of the Mansakonko Magistrates Court, Corporal 3999 Secka appeared for the Inspector General of Police, whilst Lawyer Abdoulie Fatty represented the accused person, Kassim Fadera. During the trial, the Chief of Kiang West Momodou Njie, said Kassim Fadera’s alleged ‘Whatsapp” audio, was an insult to all the Chiefs of the LRR.
The witness told the court that he received a voice audio from PW1 (Chief of Jarra West, Yaya Jarjusey); that after listening to the audio, he heard the accused person saying: ‘‘All those Chiefs he saw sitting with President Barrow, whatever they were saying is lies because they did not value him’’; that the accused person in that audio, referred to them as liars.
During cross-examination, the witness said he never knew the accused person until the time he made the report at the Police.
“Does anything transpired between you and the accused person?” asked Lawyer Fatty. The witness responded in the negative.
“You first had exhibit KF1 (the WhatsApp audio) from Chief Yaya Jarjusey (PW1)?” the Lawyer asked the witness and he responded in the positive, adding that it was sent to him by Chief Yaya Jarjusey; that he knew it was the accused person who insulted the Chiefs because the person who made the audio message, introduced himself.
After completion of cross-examination of Chief Njie, another Chief testified and was also cross-examined by the Defence Lawyer Fatty in a similar manner. Chief Bakary Dampha of Jarra Central told the Court that he did not have a ‘Whatsapp’ phone but was able to listen to the audio through Chief Yaya Jarjusey’s phone.
The case was adjourned to 15th March 2019 for ruling on the ‘no case to answer’ submission.