By Landing Ceesay
A Senegalese goods transporter, Mr. Bocar Dia, testified in court as the Fifth Plaintiff Witness (PW5) that he delivered two bags of gold ornaments from Mr. Abdoulaye Thiam (Plaintiff) to Aisha Fatty (1st defendant).
Mr. Dia stated his acquaintance with both Abdoulaye Thiam and Aisha Fatty and recounted two separate encounters with the latter. According to him, Thiam had assigned him twice to transport various gold ornaments and jewelry to the Gambia, with explicit instructions to deliver them to Aisha Fatty. He detailed his attempts to meet Fatty at her home upon arrival in the Gambia, only to arrange meetings at the YMCA Guest House in Kanifing, where he stayed.
“Some time ago, the plaintiff (Abdoulaye Thiam) assigned me twice to transport Gold ornaments/jewelry in different shapes and forms to the Gambia with specific instructions to hand over same to a lady called Aisha Fatty (1st defendant). The plaintiff called me and gave me the details of the said Aisha Fatty. When I arrived in the Gambia on both occasions, I called her to find out whether I could meet her at her home.
“However, the said Aisha Fatty said she would meet me at the hotel where I lodged. I lodged at the YMCA Guest House at Kanifing on both occasions. She came in the company of a guy/man who was driving the vehicle. On my first visit, I came with two (2) bags of gold jewelry /ornaments, and my second visit was a smaller quantity. This is all I know about this case,” Mr. Dia told the court.
During cross-examination, Mr. Dia admitted to not knowing the precise quantity of the gold items he delivered to Aisha Fatty.
“Your responsibility was only to come and allegedly hand over those two bags of gold ornaments/ jewelry to Aisha Fatty (1st defendant),” Aisha Fatty’s Lawyer, Counsel Lamin S. Camara asked Mr. Dia.
“Yes, that is all I know, just to come and hand them over to her,” Mr. Dia responded.
“It is correct that you do not know the quantity of the bags you allegedly brought?” Counsel LS Camara asked Mr. Dia again.
“Honestly, I don’t know,” Mr. Dia responded.
“Mr. Dia, did you ever clear these gold ornaments/jewelry at the entry of the Gambia to the Customs Officers?” Counsel LS Camara asked Mr. Dia again.
However, before the witness would answer the question, Counsel Lamin A. Ceesay, the lawyer representing Abdoulaye Thiam (Plaintiff) objected to the question.
Counsel LA Ceesay argued that the question is self-incriminatory to the witness.
“My lord, we are objecting to that question, it is my belief that the question is self-incriminatory to the witness. It is the duty of the state to determine whether the gold ornaments/jewelry were cleared at the entry of the Gambia or not,” Counsel LA Ceesay argued.
In addressing the objection, Counsel LS Camara informed the court that the issue at hand pertains to a civil case, not a criminal one. He contended that the principles governing criminal proceedings do not necessarily extend to matters within the realm of civil law.
“The witness is not an accused person. He is a witness. And a witness can be compelled to answer any question whether incriminating or not in civil proceedings. My second point is that it has tax implications, and it is of public interest. Whether it was clear at the entry of the Gambia by Customs Officers,” Counsel LS Camara argued.
After listening to arguments from both counsels, Honorable Justice Ebrima Jaiteh notified them that he needed to adjourn the proceedings in order to thoroughly examine the arguments before issuing his ruling on the objection.
“I have to go and look at every possible legal provision regarding this issue and on our next adjourned date I will deliver my ruling on it,” Hon. Justice Jaiteh informed the counsels.
Subsequently, Hon. Justice Jaiteh adjourned the case until February 28, 2024, for the ruling and continuation of the witness’s cross-examination.
Abdoulaye Thiam, the plaintiff, is suing Fatty, his former fiancée, for allegedly breaching their engagement promise. He claims that the breach has caused him emotional distress and embarrassment. Thiam is also suing the Inspector General of Police, Abdoulie Sanyang, who is the second defendant in the civil suit.