REPUBLIC  OF THE GAMBIA 

The Faraba Banta Commission of Inquiry 1st July to 31st August 2018 

 

 

Commission Members with President Adama Barrow

REPUBLIC   OF THE GAMBIA 

ACKNOWLEDGEMENT 

The Commission would like to thank His Excellency President of the Republic of The Gambia Mr Adama Barrow for instituting an independent Commission of Inquiry and for appointing the Commission members to investigate the tragic events that took place in Faraba Banta on the 18th June 2018 leading to the loss of lives of 3 civilians, injuries to civilians and Police Intervention Unit (PIU) personnel and large-scale destruction of properties and provide recommendations in order to avoid future recurrence of such events. 

Our gratitude goes to the people of Faraba Banta who cooperated with the Commission by voluntarily appearing to give their testimonies of the events that led to the stand-off and an account of what happened in Faraba Banta on that fateful day. Our gratitude also goes to the people of Sanyang and Gunjur who welcomed the Commission during its field visits and had frank discussions regarding environmental, land, and other contentious issues affecting their communities and livelihoods. 

We would like to thank the Inspector of General of Police Mr Mamour Jobe for testifying before the Commission and facilitating the presence of Police Officers who were requested to appear before the Commission. 

Special thanks goes to the National Agency for Legal Aid (NALA) for providing legal representation to PIU officers currently charged with murder at the High Court and were requested to appear before the Commission, and also to the Chairman of the National Assembly Select Committee on Environment, NGO Affairs and Sustainable Development, Honourable Sainey Touray who provided invaluable information to the Commission on the Committee’s intervention in the dispute in Faraba Banta.

Our appreciation goes to the Office of the President and the Ministry of Justice for facilitating the work of the Commission by providing the required venue, vehicles, equipment and stationaries for the Commission to conduct its work without hindrance and delay. 

Special thanks goes to Mr Momodou B. Sarr an environmental expert and former Executive Director of the National Environmental Agency (NEA) between 2003-2013 and a World Bank specialist on the environment for Liberia between 2013 to 2017. We also thank Mr Francis Dominic Mendy a developmental expert and a specialist in conflict analysis and mitigation and former Zonal Coordinator on Conflict Prevention and Early Warning from 2010-2017 for the West African Network for Peacebuilding. Both of whom gave expert opinion on issues concerning the environment, mining and land matters. 

Special thanks goes to the Commission’s Secretary Mr Chalis Combeh Njai for typing out the record of proceedings and keeping tag on the Commission’s exhibits and coordinating the witnesses. Appreciation also goes to the support staff who rendered invaluable services behind the scenes especially Assan Badjie professional photographer; Amie Fadera Assistant Secretary; the orderly and process servers Cpl 5739 Lawrence Gomez, 1st Class 5177 Sako Mbye, and PC6969 Mustapha Keita respectively and the drivers allocated to the Commission Mr Moro Suwaneh and Mr Sulayman Jallow. 

Finally, our appreciation goes to members of the media especially Foroyaa Newspaper who covered Commission proceedings and accompanied us during our field visits to talk to the communities. 

_______________________ 

Emmanuel Daniel Joof 

Chairman of the Faraba Banta Commission

 

 

REPUBLIC  OF THE GAMBIA 

Report Of The Faraba Banta Commission Of Inquiry Into The Events Of Monday 18th June 2018 At Faraba Banta, West Coast Region 

Introduction 

On Monday 18 June 2018, news quickly spread over the media of disturbances and a tense standoff in Fraraba Banta, West Coast Region, The Gambia between the inhabitants of Faraba Banta and the Police Intervention Unit regarding sand mining activities in the village by a private company named Julakay Quarry and Mining Ltd. The deadlock led to an outbreak of violence between the residents of Faraba Banta and the Police Intervention Unit (PIU) culminating in the deaths of 3 civilians, serious injuries to civilians and some PIU officers and large-scale destruction of properties in Faraba Banta. 

Reacting to the incident, His excellency the President of the Republic of The Gambia, Adama Barrow while visiting the victims of the violence and their families at the Edward Francis Small Teaching Hospital on Tuesday 19th June 2018 described the Faraba Banta incident as one of the “the saddest day of my life” adding that: 

“We cannot afford a repetition of what used to obtain [to take place] in the new Gambia. Yesterday was the saddest day of my life since I became President of this country because it [the incident] made me reflect deep and hard about what we went through to achieve the freedom we enjoy today.”  

On Wednesday 20th June 2018, a statement issued by the Office of the President announced the setting up of a Commission of Inquiry to look into the violent incident in Faraba Banta and the need for a speedy dispensation of justice and accountability. Subsequent to this announcement, The President on the 1st July 2018 acting in accordance with Section 200 of the 1997 Constitution of the Republic of The Gambia, and Commission of Inquiry Act Cap 30:01 Vol.5 Laws of The Gambia, established the Faraba Banta Commission and appointed Mr Emmanuel Daniel Joof as Chairperson of the Commission and Ms Neneh M C Cham, Abdoulie Colley, Lt Yusupha Jallow and Omar Cham as Commissioners and Mr Chalis Combeh Njai as Secretary to the Commission. The establishment of the Commission was gazetted on 1st July 2018 and all the Commissioners were sworn before his Excellency on Thursday 5th July 2018. 

The Commission was mandated to operate for a period of one month that is to say, 1st July 2018 to 31st July 2018 with a possibility of a 1-month extension. The Commission sought an extension and was by letter dated 31st July 2018, granted an extension of a month to Friday 31 August 2018. The Commission concluded its work on the 27th August and presented its findings and recommendations in the form of a report to the President on Friday 31st August 2018.

Terms of Reference and Authority of the Commission Were Stated as Thus: 

The Authority of the Commission 

(a) The Commission is authorized to: – 

i) Investigate the circumstances that lead to the standoff between the villagers of Faraba Banta and the Police Intervention Unit; 

ii) Investigate the circumstances that led to the injuries, fatalities and connected matters in Faraba Banta, more particularly; 

iii) Identify those responsible for the deaths, injuries and destruction of properties, including those who may have ordered any shootings and those who fired the shots; and 

iv) Identify possible failures or breakdown in the police chain of command that led to the shootings 

(b) The Commission shall recommend ways and means of: – 

i) Preventing a recurrence of the circumstances that led to the stand-off in Faraba Banta; 

ii) Preventing the occurrence of similar incidents in other parts of the country; and 

iii) Improving police duties and police crowd control capabilities. 

(c) The Commission shall: 

i) Present its findings to the President making such recommendations as it deems fit, in relation to any person or connected matter; and 

ii) In making its findings, embody in its report a full statement of the reasons leading to those findings. 

The Commission’s Sitting 

The Commission officially commenced sitting on Thursday 5th July 2018 immediately following the swearing in of the Commissioners by the President. Prior to that, the nominated Commissioners held preliminary meetings on 22nd June, 26th June and 3rd July 2018 respectively to discuss and agree on the logistics required, the methodology, procedure and work plan to be adopted in order to carry out its mandate efficiently given the limited time-frame within which to complete the task assigned to the Commission. 

Subsequent to being sworn in, the Commissioners acting under Section 200 to 206 of the 1997 Constitution of the Republic of The Gambia, the Commission of Inquiry Act Cap 30:01 Vol 5 and the its terms of reference, unanimously formally adopted the methodology, procedure and work-plan they had previously deliberated upon before being sworn in. 

The Commission also acting under Section 9 of the Commission of Inquiry Act Cap 30:01 Vol 5 in regulating its guidance, conduct and management of proceedings, unanimously adopted the following: 

Rules, Procedures and Actions Adopted by the Commission to Guide its Proceedings 

I. To establish its office and secretariat at the Atlantic Hotel, Banjul. 

II. To conduct site visits and interviews in Faraba Banta and other locations of interest if and when necessary. 

III. To invite witnesses to appear before it in the form of public announcements, telephone calls, letters and or summonses specifying the date, time and place the person is requested to appear including the production of any documentary evidence requested by the Commission. 

IV. Consult and interview persons and or organisations and institutions of interest whose knowledge and or expertise in the matters being investigated will be invaluable in assisting the Commission in its findings. 

V. Require all witness testimonies to be given under oath or affirmation. 

VI. Grant the right to all witnesses appearing before the Commission when they so desire to be represented by legal Counsel of their choice. 

VII. All Commission members have the right to question witnesses and other persons appearing before the Commission. 

VIII. The Chairperson of the Commission may assign any Commission member(s) to lead the questioning of any witness(es) and or other persons appearing before the Commission. 

IX. The Commission may convene sitting at any time and date it chooses between the hours of 8:30 am to 7pm. 

X. The Commissioners elected Neneh MC Cham as Vice Chairperson of the Commission. 

XI. The quorum of the Commission in its proceedings is by a majority of its members. 

XII. The Commission to conduct its proceedings in public save for the exceptions provided for under Section 200 (3) of the 1977 Constitution of The Republic of the Gambia and Section 2(3) of the Commission of Inquiry Act Cap 30:01 Vol.5 Laws of the Gambia. 

The Commission Sessions and Methodology 

The Commissioners conducted their first site visit to Faraba Banta on the 29th June 2018 following their nomination. This was primarily a familiarisation tour of the area and to extend their condolence to families of the 3 men that lost their lives during the incident of 18th June 2018. Following their formal appointment and swearing in by the President on Thursday 5th July, the Commissioners again visited Faraba Banta on Friday 6th July, Saturday 7th July and Monday 30th July 2018 respectively. 

The commencement of the Commission’s sitting was announced on Gambia Radio and Television Services on the 6th and 7th of July 2018 respectively and the first interviews of witnesses conducted in Faraba Banta on Friday 6th and Saturday 7th July respectively at the premises of Child Fund and the testimonies of 8 witnesses were heard. 

The Commissioners also visited the scene where the incident took place on Monday 18th June 2018 namely the area where Julakay Quarry and Mining Ltd constructed their ticket office, the area where the Police Intervention Unit had their guard post and were stationed, the area where the PIU and the villagers had the confrontation that led to the deaths and injuries, the access road leading to the quarry, and the sand mining site which is the subject of the dispute. Also visited, were old mining sites in the village and the surrounding rice fields and gardens. 

The Commissioners likewise inspected the destroyed and burnt vehicles in the vicinity namely 5 trucks, 1 caterpillar and 1 loader. The Commissioners also conducted a subsequent sitting at Faraba Banta on Monday 30th July 2018 where they interviewed more witnesses and carried out site visits to houses and properties destroyed during the standoff of the 18th June 2018 and subsequently and again visited the access road constructed by Julakay Quarry and Mining Ltd, the sand mining site which is the subject of the dispute, abandoned mining sites, women rice fields and gardens in the vicinity. During the site visits, the Commissioners were assigned and accompanied by a professional photographer Mr Assan Badjie who took pictures of the sites aforementioned, and the damaged homes and buildings that were vandalized and burnt during the incident including the burnt trucks. The pictures are incorporated into the report as exhibits. 

Following the initial interviews of witnesses in Faraba Banta on the 6th and 7th July 2018 respectively, the Commission commenced interviewing witnesses at the Atlantic Hotel on Monday 9th July 2018. A total of 85 witnesses were interviewed. 

The Commission also interviewed and consulted members of civil society organization and individuals who although not witnesses to the events on 18th June 2018, were however considered knowledgeable and or conversant with the issues and related matters being investigated in order to assist the Commission reach an informed decision. 

The Commission summoned both Gambia Radio and Television Services (GRTS) and Quantum Television (QTV) to provide DVD CD video footages of the incident recorded in Faraba Banta on the 18th June 2018 by their cameramen and reporters to assist the Commission with their fact finding. The video footages were admitted and marked as exhibit CE 24 and CE 33 respectively. 

On Friday 27th July, The Chairperson wrote to the Office of the President requesting a one-month extension to enable the Commissioners to interview all the critical witnesses, conduct site visits to other locations with similar concerns like Faraba Banta and having the potential of erupting into violent conflicts if not addressed, and to conduct consultations with experts, and civil society organizations that may be knowledgeable and or conversant with the issues and related matters being investigated. The extension of one month was granted by the Office of the President in a letter dated 31st July 2018.

On 9th August 2018, a field visit was conducted to Sanyang village by the Commissioners who had a fruitful meeting with 30 inhabitants including the Acting Alkalo Lamin Jabang, VDC Chairman Lamin Bojang and his members, the council of elders and youth committee members at the premises of Sanyang Library Community Centre. Sanyang was chosen because it is an area where sand mining had been taking place for over nine decades until recently when there were demonstrations by the youths against sand mining and a Chinese owned Fish Meal Factory. The objective of the meeting was to hear from the community their concerns, proposed solutions and recommendations to resolving these issues amicably. 

On Thursday 23rd of August, a filed visit was also conducted to Gunjur and a meeting held at the compound of the Alkalo Alhajie Omar Diki Darboe. In attendance were 27 villagers representing different stakeholders namely representatives of the council of elders, the VDC secretary, representatives of the 8 ‘Kabilo’, youth representatives, environmentalists, religious leaders, Gunjur ward Councillor and other villagers. 

The Circumstances That Led to the Standoff Between the Villagers of Faraba Banta and the Police Intervention Unit 

In deciphering the circumstances that led to the standoff between the villagers of Faraba Banta and the Police Intervention Unit on the 18th June 2018, the Commission interviewed the villagers of Faraba Banta notably the Chairman of the Village Development Committee (VDC) Mr Alhajie Bambo Sanyang (CW16) and his VDC members, the Alkalo of Faraba Banta Mr Noha Kujabi (CW9), the Chief of Kombo East Mr Baboucarr Sanyang (CW16), the Imam of the Faraba Banta Central Mosque Mr Amadou Darboe (CW1) and his Deputy Imam, members of the Council of Elders, women farmers working in the rice fields and gardens and other villagers in Faraba Banta who were privy to information leading to the events of 18 June 2018. 

Also interviewed were Mr Ansumana Kebba Marenah alias Julakay (CW19), Mr Abdoulie M. Cham (CW17) Director of Geological Department and Mr Momodou Jama Suwareh (CW24) the Executive Director National Environment Agency (NEA) and his staff. Both the NEA and Geological Department were the institutions responsible for processing the application for license and granting of the mining licence to Mr Ansumana Kebba Marenah to mine sand in Faraba Banta. 

Honourable Sainey Touray (CW44) the National Assembly Member for Jarra East Constituency and Chairperson of the National Assembly Select Committee for the Environment on Sustainable Development and NGO Affairs also gave testimony regarding the efforts made by the said Select Committee to strike a compromise and mediate between the VDC of Faraba Banta and villagers on the one hand and the Julakay Quarry and Mining Ltd following a letter of petition to them by the VDC dated 1st June 2108 (exhibit CE 7A). 

The Permanent Secretary Ministry of Local Government and Lands Mr Babucar Sanyang (CW72), the then Inspector General of Police Mr Landing Kinteh (CW 53), the current IGP Mr Mamour Jobe (CW52), the PIU Acting Commanding Officer Mbjanick Saine (CW54), and the Police Commissioner of Operations Mr Landing Bojang (CW 68) were also interviewed. All the aforementioned individuals were involved in numerous meetings, consultations and discussions spanning a period of one year regarding the issue(s) relating to the granting of the sand mining licence to Julakay Quarry and Sand Mining Ltd which was objected to by the VDC of Faraba Banta and the actions that finally led to the events of 18th June 2018.

Also interviewed were some of the PIU officers present at the scene in Faraba Banta on the 18th June 2018 some of whom are now charged with the offence of murder namely PIU Superintendent Babucarr Cham (CW21) of West Coast Region, Assistant Superintendent of Police Bala Musa Fatty (CW22), Sergeant 2124 Alieu Camara (CW23), Mamadou Z Jallow (CW64), Musa Badgie (CW65), and Nuha Colley (CW67). 

Background to the Events of 18th June 2018 

The genesis of the standoff between the villagers of Faraba Banta and the PIU can be traced to the time Mr Ansumana Marenah proprietor of Julakay Quarry and Mining Ltd was granted a one-year (renewable) licence to mine sand in Faraba Banta by the Geological Department on 10th July 2017. 

Prior to being issued with a licensed by the Geological Department to mine sand in Faraba Banta on 11th July 2017, Ansumana Marenah was previously involved in sand mining as far back as 10 December 2007 when he was granted a one-year licence by the Geological Department to mine sand in Sambuya in Kombo North in an area called Kachumeh. The records show that he applied for renewal of his 2007 licence on 5th December 2008 (CE 9E) which was approved on the 20th January 2009 (CE 9F) only to be revoked the following day on 21st January 2009 (CE 9G) by the Geological Department who according to Ansumana Marenah, informed him that they were acting under instructions ‘from above’. As a result of the revocation of the renewal of the licence, he claimed to have lost D17 (seventeen) million dalasis because he had obtained loans from Agib and Trust Bank respectively to finance his sand mining investments. 

With a change of government in January 2017, Ansumana Marenah wrote a petition in a letter dated 27th February to Mr Dawda D. Fadera the then Secretary General and Head of Civil Service Office of the President headed ‘re-allocation of my sand mining license and reimbursement of my capital loss incurred’. The petitioned is marked (CE 9H). Mr Ansumana Marenah in his petition, requested for compensation for the loss he incurred in 2009 as a result of the unfair revocation of his licence. According to Ansumana Marenah, he was informed by the then Secretary General Mr Dawda D Fadera that the government was not in a position to compensate him but that he could apply for a new licence to resume his sand mining activities that he was prevented from carrying on by the previous government. 

Mr Ansumana Marenah acting on the advice of the then Secretary General, applied for a sand mining licence on 23rd May 2017 (CE 9I). The NEA subsequently granted Anumana Marenah ‘an environmental approval for the operation of a sand quarry at Fraraba Bantang village by Julaykay Quarry and mining’ (CE 5A) dated 16th June 2017 detailing that he satisfied the conditions set out by the NEA. He was subsequently granted approval for the issuance of a licence in a letter from the Geological Department dated 10th July, 2017 (CE 5B) and the licence issued on 10 July 2018 by the Geological Department. 

Mr Abdoulie M Cham the Director of the Geological Department in his testimony stated that Anumana Marenah (alias Julakay) satisfied all the preconditions for obtaining a licence as stipulated by both the NEA and the Geological Department including entering into a Memorandum of Understanding (MOU) with the villagers of Faraba Banta. According to the witness, when the Department of Geology issued Julakay Quarry and Mining ltd a sand mining license on the 10th July, 2017 they expected him to have access to the site and start mining operations. He said there was a Management Plan that was issued together with the Mining License and the Management Plan serves as the conditions to the license. The conditions incorporated in the Management Plan included but not limited to the following: shelter for the officials must be provided, site must be clearly demarcated, detail of operations must be outlined, the safety of operators and officials must be ensured etc. 

Abdoulie Cham further stated that a licence may be revoked or suspended if the licensee defaults in any of the conditions prescribed in the Management Plan. According to the witness, the Management Plan may be finalized after the licence is issued to the licensee or issued together with the licence. He said the draft copy of Management Plan is usually sent to the licensee for comments after which the Management Plan is finalized. However, he stated that the final Management Plan of Julakay Quarry and Mining Ltd was issued alongside the license. According to the witness, a mining licence is only issued after an Environment Report and document evidencing community consent are received and evaluated by the Geological Department. The Management Plan is a document of Department of Geology that is approved by the Director of Geology to help in the monitoring of operations. He said he was the one that approved the Management Plan of Julakay Quarry and Mining Ltd. 

Two MOUs were presented to the Commission by Ansumana Marenah and were marked and admitted as CE 10A and CE 10E. Both MOUs were signed by the Alkalo of Faraba Banta Noha Kujabi and Ansumana Marenah. CE 10A was signed and dated 16th May 2017 while CE 10E although signed by both the Alkalo and Ansuma Marenah had no date. Another major difference between CE10A and CE 0E is that CE10E has a pledge from Anumana Marenah to ‘pay one hundred Thousand Dalasis(D100,000) quarterly into the Faraba Banta VDC Account’. The VDC Chairman Mr Alhajie Bambo Sanyang however denied that the Alkalo had the consent of the VDC and the villagers when he signed the MOUs. He emphatically denied that the VDC was consulted by the Alkalo before he signed the MOU and as far as the VDC was concerned, it was an MOU signed between Ansumana Marenah and the Alkalo without the agreement of VDC and the villagers.

Attempts made by Julakay Quarry and Mining Ltd to construct an access road to the quarry were on numerous occasions obstructed by members of the VDC and youths who objected to the route as they said it ran through their football fields, private properties, cattle path and mango plantation. Although these problems were seemingly resolved by Julaka Quarry and Mining Ltd offering compensation to affected land owners and redirecting the access route to avoid the football field and cattle path, the fact remains that there was already resentment from the VDC, the youths and many villagers that a licence was issued to Julakay Quarry and Mining Ltd without being consulted. 

From the testimony of the VDC chairman Mr Alhajie Bambo Sanyang and most of the witnesses in Faraba Banta including the Alkalo, there is a great mistrust between the villagers and the current Alkalo Mr Noha Kujabi. Most of the VDC members and the villagers alluded to the fact that the Alkalo does not ordinarily reside in Faraba Banta but only spends the weekends in Faraba Banta and at most, two days in the week. The Alkalo in his testimony admitted that he stays in Brikama with his family and only visits Fraraba Banta over the weekends. The VDC and other villagers lamented the fact that the Alkalo is hardly present to perform his official duties especially when he is needed to process and stamp official documents for the villagers. The Alkalo on the other hand stated that the VDC chairman and his group do not consult him on their activities involving and affecting the village and that they are in the habit of doing things without sounding his opinion and or that of the council of elders. In effect both the Alkalo and the members of the council of elders who testified before the Commission were of the strong opinion that the VDC were a law unto themselves and challenged their authority. It is also clear from the testimonies of members of the VDC and some villagers that they believe that the Alkalo and the council of elders were siding with Ansumana Marenah of Julakay Quarry and Mining Ltd (who they believed gave them monies in return for their support) and the authorities that granted Ansumana Marenah the licence to operate namely the NEA and the Geological Department. The VDC were also of the opinion that the police were siding with Mr Ansumana Marenah and resented the fact that PIU had a guard post near the mining site to protect Ansumana Marenah to the detriment and interest of the villagers. 

The Village Development Committee’s Main Objections to the Issuance of the Licence by the Geological Department to Julakay Quarry and Mining are that: 

I. Ansumana Marenah was granted a licence to mine sand in Faraba Banta without proper consultation with the VDC and the villagers but only with the Alkalo who they believed was supported by the council of elders who also sided with Ansumana Marenah. 

II. Mechanical sand mining by Ansumana Marenah will have negative and adverse environmental consequences in the village to wit, the drying out of the rice field because the mining site will block the natural waterways and prevent the natural watercourse from supplying water to the rice fields. 

III. Ansumana Marenah did not enter into a Memorandum of Understanding (MOU) with the villagers of Faraba Banta before he obtained a licence to mine sand in accordance with the requirement of both the NEA and the Geological Department that before a sand mining licence is granted and commencement of mining in a locality, the proprietor must enter into an MOU with the community. Ansumana Marenah however countered this assertion by producing 2 copies of an MOU which are signed by himself and the Alkalo and further stated that the Alkalo was representing the village (CE 10A & CE 10E). The VDC on the other hand stated that there was no proper consultation with the villagers by both Ansumana Marenah and the Alkalo. NEA and the Geological Department officials in their testimonies were however of the opinion that an MOU was properly obtained and they attributed the authenticity of the MOU on the signature of the Alkalo who they recognised as the authority and head of the village. 

IV. In a petition to the Permanent Secretary Local Government and Lands dated 3rd October 2017 (CE 6A) which was also addressed to the Geological Department (CE 6B), and to the Permanent Secretary National Environmental Agency (CE 9C), all dated 30th October 2017, the VDC chairman Alhajie Bambo Sanyang further objected to the licence issued to Ansumana Marenah citing interalia that industrial sand mining will affect the environment and cause erosion; affect the flow of rain water reaching the rice fields; and that the dimension of the whole area allocated to Ansumana Marenah for mining was not properly demarcated for the villagers to know exactly what was at stake. 

V. In a petition dated 26th May 2018 to the National Assembly Select Committee on Environment, NGO Affairs and Sustainable Development the VDC chairman Alhajie Bambo Sanyang requested the Select Committee to intervene with regards to the sand mining licence issued to Ansumana Marenah by the Geological Department. The National Assembly Select Committee on the Environment did make attempts to resolve the matter by inviting the parties concern namely the VDC and representatives of the villagers of Faraba Banta, Ansumana Marenah, the Geological Department, and the NEA in separate meetings to hear from all the affected parties. The Select Committee comprising of 11 of its members also conducted a field trip to Faraba Banta on 3rd June 2018 and visited the sand quarry, rice fields, women gardens, the gravel mines and the abandoned clay mining site and surrounding fields to get a better understanding and appreciation of the issues regarding mining in the area.

Sand mining in Faraba Banta Some Observations: 

Map of Faraba Banta depicting mining sites 

The Commission heard that sand mining activities have been ongoing in Faraba Banta for well over two decades and the sand had been exploited by companies for road construction. The land scape around the fields are dotted with abandoned pits which were previously mined. There is no evidence that the companies that mined sand in the affected areas had made any attempts to restore and or level the land scape to near its original state. What was observed were big holes on the ground which the villagers claim gather water during the rainy season and prevent the rain water from reaching the rice fields.

 

[Insert Photo]

Sand Mining Quarry, Faraba Banta 

It is also not disputed by the parties concerned that VDC was in fact mining sand in Faraba Banta. The VDC Chairman Alhajie Bambo Sanyang in his testimony agreed that VDC was engaged in sand mining but that it was only for the use of the villagers when they wanted to do construction work for the community such as building a mosque, markets and communal places. They also agreed that they charged D300 for trucks and tractors that were mining sand but that was only for personal construction work/use by the villagers of Faraba and the monies collected was kept in a fund for village development purposes including paying for cash power for electricity for the village borehole machine of the village. Members of the Council of elders who testified before the Commission namely Fansu Jung Conteh (CW49) and Malang Jambawutu Sanyang (CW69) however stated that the VDC was actually mining and selling sand to people outside the village of Faraba Banta. The VDC chairman Mr Alhajie Bambo Sanyang in his testimony admitted that they were not issuing receipts to people they sold sand to but that they were keeping records of the monies they received from sand mining which facts were confirmed by Pa Touray Sanyang (CW76) a VDC member and a one time record keeper of the daily sales of sand. The VDC Chairman did not however produce records of the monies collected from the sand mining. It is observed that the VDC does have a vested interest in sand mining in Faraba Banta as it is a source of income for them although the exact amounts they derive from sand mining was not established by them as they failed to provide receipts and or proper records of their proceeds from sand mining. 

The Commissioners were not satisfied with answers provided by the NEA and Geological Department with regards to proper conduct of Environmental Impact Assessment in the mining site at Faraba Banta before a licence was granted to Anusman Marenah. It is the opinion of the Commission that the NEA and The Geological Department did not engage and or inform the VDC and the villagers of the actual area demarcated to Julakay Quarry and Mining Ltd. There were no visible pegs at what was supposed to be the demarcated area of the mining site when the Commissioners visited the site. This failure to communicate effectively to the VDC and villagers no doubt fuelled some of the rumours including the assertion that the Alkalo had sold the land to Anumana Marenah without the approval of the people of Faraba Banta. 

Summary of Key Findings that Led to The Standoff Between the Villagers and the PIU Officers on 18th June 2018 

I. There was mistrust and bad blood that existed between the members of the Village Development Community and the Alkalo of Faraba Banta Mr Noha Kujabi and these prior misgivings were exacerbated after Ansumana Marenah of Julakay Quarry Mining Ltd was granted a licence by the Geological Department to mine sand in Faraba Banta on 10th July 2017. 

II. It appears from the testimonies of the Alkalo and the VDC members that there was little or no consultations between the Alkalo and the VDC in matters affecting the community despite the fact that the 2014 Local Government Act mandates the Alkalo to work closely with the VDC and to provide them counsel. In the case of Faraba Banta, this was not done and the Alkalo in his testimony stated that he was not consulted by the VDC on their activities and that the VDC were ‘doing things on their own’. The VDC on the other hand said that the Allkali was rarely seen in Faraba Banta as he was not ordinarily resident in Faraba but in Brikama with his family and as a result, he was unable to properly execute his functions and duties especially when it came to signing and stamping official documents needed by the villagers. According to the VDC members, the villagers in most cases had to travel to Brikama to meet the Alkalo in order to get their documents officially signed and stamped or sometimes had to go to the Alkalo of the nearby village of Faraba Kaira to get their documents signed and stamped.

III. The VDC chairman Mr Alhajie Bambo Sanyang in his testimony stated that the Alkalo and Council of elders were siding with Julakay Quarry and Mining Ltd with regards to the licence issued to him to the detriment of the villagers. The members of the Council of elders who testified before the Commission conversely stated that the VDC were not consulting nor listening to anyone except themselves and did not have respect for the Council of elders. They also stated that VDC spread rumours within the village that the Alkalo in support of the Council of elders sold the sand mining site in Faraba Banta to Amsuman Marenah of Julakay Quarry and Mining Ltd. 

IV. From the testimonies of the majority of the witnesses and the evidence adduced, it is the strong opinion of the Commissioners that both the NEA and the Geological Department disregarded the concerns of the VDC and the villagers regarding the potential adverse effects of commercial mechanical sand mining might have on the environment and their livelihood especially rice cultivation and their gardens. They should have engaged the VDC and the villagers in discussions and negotiations before granting of licence to Julakay Quarry and Mining Ltd. It appears from the testimonies of the various witnesses that no attempts were made either by the NEA or Geological Department to allay the fears of VDC and the villagers of Faraba Banta about the environmental concerns that they raised on numerous occasions through letters and petitions regarding the adverse effects of industrial sand mining on their rice fields and gardens. It is obvious from the site visits conducted by the Commissioners and the testimony of the Chairman of the National Assembly Select Committee on the Environment, NGO Affairs and Sustainable Development Honourable Sainey Touray, that the site granted to Julakay Quarry and Mining Ltd had the potential of adversely affecting the rice fields and the gardens of the women farmers of Faraba Banta and these fears were worsened especially after the area originally allocated to Julakay Quarry and Mining Ltd was increased by Geological Department from 3.4 hectares to 8.1 hectares

V. The evidence presented to the Commissioners by both the NEA and Geological Department did not convince the Commissioners that there was proper environmental impact assessment conducted in the area to be mined as required by the law before the granting of the mining licence nor was there any sufficient safeguards put in place to show that after completion of the sand mining, Julakay Quarry and Mining Ltd will restore the area to near to how it was as is the requirement by law. In fact, the site visits by the Commissioners to the mining site in Faraba Banta revealed that there are many abandoned old mine pits which were never restored by the companies that had earlier mined the area. What is visible are gaping holes on the ground. There was also no evidence before the Commission to show that either Geology or NEA followed up to ensure that restoration of the mining sites was carried out by previous companies who mined sand at Faraba mainly Tetrax. A tragic incident was narrated by the villagers of a young boy of about 7 years of age, who drowned in one of the abandoned mine pits as a result of rain water which was collected and retained in the abandoned mine pit. 

VI. The VDC chairman, his members and some of the villagers who testified before the Commission were of the strong belief that the Police were siding with Julakay Quarry and Mining Ltd and in support of their assertion, they cited as examples the construction of a guard post and the stationing of Police Intervention Unit officers at the Quarry site to protect the interest of Anumana Marenah against their interest and what they believed were their legitimate concerns. To further substantiate their claim of Police biases, the VDC Chairman in his testimony stated that the two meetings held at the Police HQ in Banjul one chaired by the current IGP Mamour Jobe (who was then the Deputy IGP) and the subsequent meeting chaired by the former IGP Landing Kinteh on 23rd May 2018 respectively were only conducted to instruct them to allow Julakay Quarry and Mining Ltd to conduct mining. He further stated that there was no attempt made to hear the legitimate concerns of the villagers of Faraba Banta as represented by the VDC nor was there any attempt made by the Police to mediate in an impartial manner but rather the meetings were resolved in favour of Julakay on the basis that since he was granted a licence to mine by the appropriate authority which in this case was the Geological Department, he therefore had a right to mine regardless of any other concerns of the villagers of Faraba Banta.

VII. The Commissioners also observed that the VDC of Faraba Banta had a long history of involvement in sand mining. This sand mining was carried out by the VDC without a licence. The VDC admitted that they were engaged in sand mining but that the sand sold was for construction of mosques, markets and communal places. They also admitted that they levied a charge of D300 for each tractor or truck carrying sand for the inhabitants of Faraba Banta who wanted to construct houses and or structures. They stated that this practice dated back many years and was also carried out by their VDC predecessors. The VDC said that the amounts collected from the sand mining was kept in an account and used for the purchase of cash power for the village borehole and other development activities. 

VIII. It was however clear to the Commissioners that the sand mining activities of the VDC were far bigger than just mining and selling sand for community projects or to provide sand for the inhabitants of Faraba Banta alone as stated by the VDC. Numerous witnesses testified that sand was mined by the VDC and sold to people outside Faraba Banta. According to the testimony of Pa Touray Sanyang (CW76) a VDC member and a one-time record keeper of the daily sales of sand, on average, the VDC made D2,000 per day 7 days a week from selling sand. If this is correct, it therefore means that the VDC did have a vested interest in sand mining in Faraba Banta and therefore are likely to object to sand mining by a licence operator notwithstanding that they also had legitimate concerns about the adverse effect of mechanical sand mining on the environment especially the rice fields and the women gardens. 

IX. Statements made by the National Assembly Select Committee following their meeting on Thursday 14th June 2018 with the Permanent Secretary Ministry of Petroleum and Energy and the Chief Geologist where they discussed the looming tension in Faraba Banta between Julakay Quarry Mining Ltd and the VDC, may have added to the confusion. During the said meeting, the Select Committee indicated that they will write to instruct the Geological Department to suspend Julakay Quarry and Mining Ltd operations in Faraba pending their investigations into the matter. Before the Select Committee could carry out their intention in writing, however, the incident of 18th June 2018 occurred. 

X. The information which was also carried on the social media on 14th June that the National Assembly Select Committee was to write to the Ministry of Petroleum and Energy to instruct Julakay Quarry and Mining Ltd to cease operations in Faraba Banta, may have added to the confusion that Julakay was effectively ordered to ceased mining operations by the authorities. It appears from the testimonies of some VDC members and the villagers that they believed that Julakay Quarry and Mining Ltd was ordered by the National Assembly Select Committee on the Environment to cease all mining activities pending the resolution of the issues between Julakay and the VDC by the National Assembly. Consequently, when the villagers of Faraba Banta saw the trucks being loaded with sand on the morning of the 18th July 2018, they believed that Julakay was defying a legitimate order from the National Assembly to cease operation until further notice.

XI. As a result of all the many unresolved matters abovementioned between the VDC and the authorities surrounding the operating licence given to Amusmana Marenah which the VDC believed was fraudulently obtained mainly due to the fact that they were not a party to the MOU signed by Julakay Quarry and Mining Ltd with the Alkalo, the stationing of PIU officers at the mining site to enable Julakay Quarry and Mining Ltd to carry on mining inevitably intensified the already existing resentment and tension which erupted into bloody confrontation resulting in fatalities, injuries and massive destruction of properties. 

         Gravel Mining Site, Faraba Banta                  Access Road to Sand Mining Site 29 

Circumstances that led to the Injuries, Fatalities and Connected Matters in Faraba Banta and Identify those Responsible for the Deaths, Injuries and Destruction of Properties, including those who may have Ordered any Shootings and those who Fired the Shots 

i. Deaths, Injuries and Connected Matters 

Circumstances that resulted to the unfortunate deaths and injuries in Faraba Banta on Monday 18th June, 2018 can be attributed to several immediate and antecedent factors that escalated the events that led to the standoff between the villagers and PIU Officers as explained in earlier paragraphs. 

The Commission received the Autopsy Reports from the Chief Pathologist at Edward Francis Small Teaching Hospital (EFSTH) Franklin Perry Beriick (CW50) which established the fact that all the three victims namely; Bakary Kujabi, Ismaila Bah and Amadou Jawo died as a result of gunshot wounds. The pathologist reports were admitted in evidence and marked as exhibits CE 29A, CE29B and CE29C respectively 

The Autopsy Reports show that the victims were shot at close range and as a result, the bullets penetrated and exited their bodies. The facts of the injuries and fatalities are outlined as follows: 

i. Bakary Kujabi, Ismaila Bah and Amadou Jawo were fatally shot. 

ii. Sulayman Jammeh, Sir Dawda Jawara Daffeh and Alagie Camara villagers of Faraba Banta were shot but survived. 

iii. All the victims who suffered gunshot wounds, and presented themselves to the Commission, were shot above knee level including those who died. 

iv. As per the Police Preliminary Report (CE43) CPL2475 A. Camara, 1st Class 5167 Modou Dem, 1st Class 6245 Momodou Jallow, CPL 1002 Amadou A. Ceesay, CPL 6636 Yalal Corr, CPL 3837 Alagie Chatty, Sgt 3629 Tamsir Njai, Sgt 943 Buba Fadera, PC 6771 Abdoulie Gibba, Sub-Inspector Abdoulie S. Bah, Sgt 2391 Ousman Jobe, PC 6659 Modou Lamin Jaiteh, PC 7201 Alagie Gaye, PC 7286 Nuha Colley, ASP Musa Fatty, 1st Class 4573 Kebba Bojang and CPL Modou S. Sambou were the PIU Officers who sustained injuries as a result of stoning and beating by the villagers. 

v. All the victims who suffered gunshot wounds were villagers and some of them were shot while they were trying to flee. Five villagers of Faraba Banta namely; Francis Jabang (CW37), Sainey Sonko (CW46), Abdoulie Jobe (CW48), Sunkaru Jarju (CW 58) and Bakary Badjie (CW59) were arrested from the village, beaten up by the PIU Officers and taken to a waiting truck. They sustained injuries on the head, face and back as evidenced by the medical reports they submitted to the Commission. 

vi. One Journalist Pa Modou Bojang (CW27) was beaten up by the PIU Officers and he sustained injuries. 

vii. One truck driver Abdoulie Njie (CW34) and his apprentice were beaten up by the villagers and sustained injuries. He also alleged that he lost cash in the sum of D8,000 and his mobile phone during the confrontation. 

viii. Truck Driver Modou Sarr (CW38) alleged that the village youths took the sum of D2,500 from him during the confrontation. 

ix. Truck Driver Ebrima Sowe (CW40) also alleged that he lost the sum of D17, 500 and mobile phone which he had left in his truck during the incident. 

From the totality of the evidence presented to the Commission by the villagers, the PIU Officers on guard at the mining site, the Commander of the first PIU reinforcement Superintendent Babucarr Cham and the Commander of the first reinforcement from Kanifing PIU Base Assistant Superintendent Musa Fatty, the Commissioners strongly deduced that what led to the deaths on the 18th June, 2018 is that the PIU Officers indiscriminately opened fire at the crowd at close-range when they were outnumbered and overpowered by the angry villagers protesting the sand mining of Julakay Mining and Quarry Ltd. 

The surrounding and contributory circumstances that led to the injuries and shootings on the 18th June, 2018 are discussed below: 

It should be noted that the 18th June, 2018 incident was the second altercation that occurred between the villagers of Faraba Banta and the PIU Officers over the sand mining issue. According to the Police Interim Report dated 28th June 2018, marked exhibit CE40A, the first altercation took place on the 26th May, 2018 during which, a PIU Officer PC 6731 Amat Jobe was seriously injured and lost three teeth. A PIU Guard Post was setup at the sand mining site from the said 26th May, 2018 to the 18th June, 2018. According to Babucarr Jallow (CW20), during the incident of 26th May, 2018, the villagers overpowered and chased the PIU Officers away from the mining area. There is evidence that on the day of the incident of 18th June, 2018, the PIU Officers pursued some villagers inside the village up to their bedrooms. One can therefore reasonably infer that the previous attack on 26th May 2018, by the villagers on the PIU Officers caused the PIU Officers to chase the protesters back into the village on the 18th of June in Faraba Banta, to avenge the earlier assault and injuries of their comrades and to teach the villagers of Faraba Banta a lesson. 

According to PC 7286 Nuha Colley (CW67) as captured in the Coroner’s Inquest Report (CE37), page 7, he was informed by his commander, Deputy Commissioner of PIU Mbajick Saine (CW54), that the mission of 18th June, 2018 was “Operation No Compromise”. It can therefore be inferred that the men were deployed to the scene determined to quell any demonstration and to use maximum force if necessary. This heavy handedness resulted in some villagers being shot inside the village of Faraba Banta while trying to flee as shown in the medical reports of those injured by gunshot wounds as indicated above. 

The Commission was informed that upon the instructions of the Commander, guns are issued at random to PIU Officers as they parade before the armourer before deployment. The Commissioners are of the view that the issuing of automatic rifles with live rounds should be controlled and assigned to dedicated officers with the requisite training and briefing. From the evidence of the PIU officers suspected to have been involved in the shooting and other witnesses on the ground, there was a large turnout of the villagers and at some point, the PIU Officers were surrounded and overwhelmed by the villagers who rained stones on them. This, they said caused them to panic and fear for their lives and as a result indiscriminately shot at the villagers. 

According to PC 7286 Nuha Colley (CW67) as captured in the Coroner’s Inquest Report, page 7, (CE37) when the order for warning shots was made, he ‘unsafe’ his rifle and did not realize that the safety catch was in automatic position and upon a squeeze of the trigger it resulted in the discharge of ten (10) live bullets. This act if believed is a clear manifestation of lack of adequate training and or inexperience in operating firearms. Even though the witness stated that he did not shoot at anyone, nevertheless this was a dangerous act and the bullets may well have hit the crowd who were at the time in close proximity and in confrontation with the PIU officers. 

According IGP Mamour Jobe, in a situation where there is an illegal gathering of 12 or more people and the Police are called upon to disperse the gathering, the Police Standard Operation Procedures (SOPs) under Public Order Management requires the Commander to take three steps. Firstly, the Commander should read the proclamation in the languages that the rioters understand instructing the rioters to disperse. Secondly, if the rioters fail to disperse after 15 minutes, another proclamation is read. If the rioters further refuse to disperse within 10 minutes, the Commander will order for teargas to be lunched in the midst of the rioters to disperse them. He said if there are dangerous rioters armed with guns and or pose a threat to the public, the PIU Officers may be ordered to shoot the armed rioters below the knee level to disable them. It follows therefore that the failure by the PIU Officers to implement the SOPs when dealing with dangerous rioters is a factor that has caused the death of the three villagers. The Post Mortem/Autopsy reports and testimony of the Chief Pathologist Franklin Perry Beriick show that all the victims that died were shot above knee level and at a close range. This led to the sudden death of the two victims and it affected the major organs of the third victim who eventually succumbed to his injuries and died two days later.

The incident of Faraba Banta was a disaster waiting to happen. It was brought to the attention of almost all the relevant authorities since 2017 but no tangible or adequate steps were taken to arrest the situation. The attitude of the authorities which was ‘deal with it since Government has already issued Licence’, was said to the VDC by all the Government authorities except the NAM Select Committee. The majority of villagers of Faraba Banta were convinced for one reason or the other that Chief Baboucarr Sanyang, Alkalo Noha Kujabi, Nfansu Jung Conteh Chairman of Faraba Banta Council of Elders, Malanding Jamba Wutou Sanyang member of Council of Elders, Bakary Saidy member of Council of Elders and Pa Touray Sanyang, all conspired and sold the sand mining site to Julakay Quarry and Mining Ltd. This belief by the villagers must have been strengthened by the resolute position of the named persons in all the various meetings held from April 2018 to the date of the incident that Julakay Quarry and Mining Ltd should be allowed to mine sand in Faraba Banta. 

The expressed reason for the position taken by the above-named persons was that the village elders had already given their word to allow Julakay Quarry and Mining Ltd to mine sand in Faraba Banta, couple with the fact that Julakay Quarry and Mining Ltd was already issued a licence by the Government. The matter therefore could not be a subject of negotiation. According to Malanding Jamba Wutou Sanyang, the Council of Elders of Faraba Banta is the overriding authority over the Alkalo and the VDC. Therefore, whatever decision the Council of Elders makes is unchallengeable. The villagers were therefore infuriated that the named village leaders and elders were not supportive of their opposition to the mining. 

It is apparent that the objection to sand mining by Julakay Quarry and Mining Ltd in the village of Faraba Banta was a community concern in that the objectors included men, women, children, youths and the old folks regardless of family connections. The women who worked on the rice fields and gardens, expressed genuine fears of losing their livelihood if sand mining is to continue. They cited 35 as their main reason for opposing the sand mining activities by Julakay Quarry and Mining ltd. 

The morning of 18th June, 2018 saw a massive turnout of the villagers of Faraba Banta who barricaded the access road to the mining site. During the time the properties of the District Chief, Alkalo and members of Council of Elders were being burnt, some of their family members actually took part in the destruction and others were indifferent. According to the District Chief Babucarr Sanyang, when his house was being vandalized and burnt down, none of his family members came to his aid. 

A breakdown in communication and rumour mongering after the meeting convened on the 14th June 2018 at the National Assembly Building, Banjul between Julakay Quarry and Mining Ltd and the National Assembly Select Committee on Environment, Sustainable Development and NGO Affairs (hereinafter called ‘the NAM Select Committee’) as explained earlier, may have also contributed to the tension of the 18th June, 2018 as the villagers believed that the NAM Select Committee had the legal authority to instruct Julakay Quarry and Mining Ltd to stop mining. The Commission concludes that communication to Julakay by the NAM Select Committee to stop mining could only have been just a recommendation to suspend mining pending resolution of the dispute which Julakay Quarry and Mining Ltd disagreed with because he was adamant that he was issued with a valid licence by the Geological Department. 

ii. Those Responsible for the Death and Injuries 

It is not in dispute that the only people that were armed with guns on the day of the incident were the PIU Officers. When the Commission asked Superintendent Babucarr Cham and other senior officers that were present at the scene about who could have caused the gunshot wounds they all answered that if there was any death as result of gunshot it would have been caused by the PIU Officers.

Therefore, there is no doubt that it was the PIU Officers on the ground in Faraba Banta who shot the villagers and are consequently responsible for the deaths and gunshot wounds inflicted on the villagers. 

The Commission faced an arduous task of establishing which PIU officer actually shot who mainly because the villagers faced a challenge in recognizing the PIU Officers. The villagers could not recognize the PIU Officers because of the helmets and other riot equipment they were all wearing and or carrying including shields. The Commission was therefore left with no other option but to rely on the fact that PIU Officers present at the ground who were established to be the only ones armed with rifles and with live rounds, fired at the crowd and were therefore responsible for shooting and causing deaths and gunshot injuries. 

It is in evidence that the following were the officers that carried guns during the incident were found to have lost ammunitions after the incident: 

i. Assistant Superintendent of Police Musa Fatty carried a pistol and AK47 and lost 23 bullets 

ii. Police Constable Musa Badjie carried an AK47 

iii. Police Constable Nuha Colley carried an AK47 

iv. First Class Momodou Z. Jallow carried an AK47 

v. Sergeant Alieu Camara said the AK47 was handed to his Second in Command one Officer Sulayman Camara 

vi. Superintendent Babucarr Cham although not identified as carrying a rifle or pistol was the overall Commander on the ground. 

Out of the seven named officers, only two admitted to firing shots. Police Constable Musa Badjie admitted to accidentally firing 10 live rounds but said he did not shoot at anyone. Police Constable Nuha Colley admitted to firing 16 warning shots. The rest unbelievably denied hearing any gun shots during the incident. Even though the Commission cannot conclusively say which Paramilitary Officer shot which civilian, the irrefutable responsibilities of the death and injuries from gunshots is squarely pointed at the above-named PIU Officers. 

According to the evidence of former IGP Landing Kinteh, when he learnt that two people were shot and killed, he immediately ordered for the arrest of all PIU officers who were armed with AK47 guns during the incident and for the surrender of all their guns for inspection. However, one PIU Officer, Samba Ndong (CW79) testified before the Commission that he was one of those armed at the scene at Faraba Banta on 18th June 2018, but the two magazines given to him each containing 30 live rounds were found to be intact by ASP Bala Musa Fatty, when they reached Brikama PIU base. CW79 was not arrested. 

From the Preliminary Report obtained from the Police, the following numbers of ammunition were fired or could not be accounted for during the incident: 

i. Assistant Superintendent of Police Musa Fatty used 23 and had 7 remaining 

ii. Police Constable Musa Badjie used 16 and had 14 remaining 

iii. Police Constable Nuha Colley used 20 and had 10 remaining 

iv. First Class Momodou Z. Jallow used 19 and had 11 remaining 

All the witnesses including the PIU Officers stated that the villagers were not carrying any guns. It was the PIU Officers that were armed with AK47 rifles and a pistol which was carried by ASP Bala Musa Fatty. It is interesting to note however that Superintendent of Police Babucarr Cham, Assistant Superintendent of Police Musa Fatty, Sergeant Alieu Camara and First Class Momodou Z. Jallow who were all on the ground during the incident denied hearing any gunshots. However, Superintendent Musa Fatty informed the Commission that he found an AK47 belonging to the PIU and all the 30 life rounds were used. Superintendent Musa Fatty also stated that he lost his pistol and two live rounds. According to Police Constable Musa Badjie’s statement as reproduced in the Coroner’s Inquest Report at page 7, he fired Sixteen (16) warning shots which resulted in some people sustaining fractures and others to faint and were taken to hospital. In can therefore be inferred that the 16 warning shots that Police Constable Musa Badjie allegedly fired were in fact shots either directed at or in any case, they struck the villagers. 

All the villagers that were present at the scene and were interviewed by the Commission in unequivocal terms stated that the PIU Officers opened fire at the villagers. Sulayman Jammeh (CW47) was shot on his left hand and left thigh. When he was interviewed by the Commission he said while he was between the villagers and PIU Officers trying to convince the youths to back off, he was suddenly shot from the back without any warning by the PIU Officers. Sir Dawda Jawara Daffeh (CW35) said he was chased by the PIU Officers and when they reached the village praying ground which is situated inside the village after the village Mosque, he discovered that he too was shot at his lower buttocks by a PIU Officer. Alagie Camara (CW36) said while he was fleeing from the scene and reached the Karoninka’s church which is situated inside the village he was shot from behind on his lower left leg by a PIU Officer. They all tendered their medical documents. 

According to Hanjula Saidykhan (CW6) the mother of Amadou Jawo the third victim that died as a result of the shooting, when she went to visit her son at the Edward Francis Small Teaching Hospital she asked him how he became a victim. In reply Amadou Jawo said “mom I was shot by the Paramilitary Officer the very moment I arrived at the scene as if the Paramilitary Officer knew who I was. I know I will not make it but if I were to make it I will revenge” 

The injuries suffered by the PIU Officers can be attributed to stoning by the villagers and the injuries sustained by the villagers can be attributed to gunshots inflicted by the PIU Officers and stones being throwing back at the villagers by the PIU Officers who also fired live rounds at the villagers while chasing them back into the village. The PIU Officers also used their batons to beat the villagers and, in the process, some villagers sustained serious injuries. The villagers threw stones and seriously injured some PIU Officers. Also, the village youths during the process of burning the trucks beat up and injured a truck driver Abdoulie Njie and his apprentice. The PIU Officers and villagers that did the beatings and occasioned injuries could not be identified by the Commission because both the PIU Officers and villagers that were interviewed were either unable or unwilling to reveal to the Commission the names of the PIU Officers involved or the villagers who were stoning the PIU Officers. 

The West Coast Regional Commander Superintendent Babucarr Cham gave inaccurate account of the number of men he travelled with from Brikama and the arms they carried to Faraba Banta. He also gave conflicting and even misleading statement about his whereabouts during the incident. His evidence was that he travelled from Brikama to Faraba Banta with 8 officers and that he left the scene when five officers were injured to evacuate them to Kafuta Health Centre and did not return to the scene. He said he only called Assistant Superintendent Musa Fatty to convey the Police Commissioner of Operation’s orders for the officers to withdraw from the ground. When Chief Inspector Edrissa Sanneh the second in command to Superintendent Babucarr Cham (who was with Superintendent Babucarr Cham throughout the incident) and Chief Inspector Momodou Saidy were interviewed by the Commission, they corroborated the evidence of Abdoulie Jobe (CW48) that Superintendent Bubucarr Cham was on the ground until the time the second reinforcement from Kanifing Camp arrived. The evidence of the named witnesses therefore places Superintendent Babucarr Cham at the scène throughout the disturbances and therefore is liable for any alleged wrongs occasioned by his men through command responsibility.  

iii. Those Responsible for the Destruction of Properties 

There was large-scale destruction of private properties worth millions of Gambian dalasi. Some of these destroyed properties include invaluable properties and personal memorabilia that can never be recovered. 

During investigations, the Commission discovered according to the victims who testified, that the following properties were destroyed: 

1. The house of the Alkalo Noha Kujabi was partially torched and he had almost all the items in his house burnt or vandalized. He did not provide the estimated value of the items destroyed. 

2. The building of Fansu Jung Conteh was burnt down and the estimated value of building and items therein was D3,902,009 

3. The Vehicle of Fansu Jung Conteh was burnt down and the estimated value was D400,000 

4. The two building of Malanding Jamba Wutou Sanyang were burnt down and the estimated value of the two buildings and the items therein was D1,989,600 41 

5. The building of Bakary Saidykhan and items therein were burnt down and the estimated value was D384,450 

6. The building of the District Chief Babucarr Sanyang was burnt down the estimated value of the building and items therein was D375,000 

7. The building of Pa Touray Sanyang was burnt down and the estimated value of the building and items therein was D2,658,500 

8. The garden fence of Pa Touray Sanyang was all demolished and the estimated value was D77,250 

9. The House of Famara IBL Jarju (alias Boyo Jarju) was burnt down and estimated value of the building and items therein was D740,890 

10. The Renault Truck owned by Commission Witness 31 Amadou Demba was burnt down and the estimated value was D1,295,000 

11. The Ivico Truck owned by Commission Witness 33 Musa Njie was burnt down and the estimated value was D500,000 

12. The Scania Truck owned by Commission Witness 39 Ebrima Barrow was burnt down and the estimated value was €20,000 

13. The Man Truck owned by Commission Witness 41 Musa Gaye was burnt down and the estimated value was D1,300,000 

14. The Renault Truck owned by Commission Witness 43 Alagie Sowe was burnt down and the estimated value was D840,000 

15. The Volvo wheel loader L20 owned by Heje Group Company Ltd was burnt down and the estimated value was $85,000. 

16. The Caterpillar Excavator 320BL owned by Heje Group Company Ltd was burnt down and the estimated value was $140,000. 

It is worth noting that the estimated values of the buildings and items therein mentioned were based on written papers submitted to the Commission by the victims and not based on any expert valuation reports or receipts. The estimated values of the trucks were based on the receipts and evidence from bank books and statements. The estimated values of the caterpillar and Loader were based on invoices received by the Commission from their owners. 

From the video footage received from The Gambia Radio and Television Services and Quantum Television, testimonies of the villagers of Faraba Banta and evidence of the five truck drivers, the Commission was able to conclude that all the above destructions were carried out by the villagers of Faraba Banta mainly the youth. 

A senior NIA Officer (CW71) told the Commission that his operative was on the ground but could not provide the Commission with identity of the real culprits. The Commission had to rely on the testimonies of three victims and video footages from QTV to identify some of the culprits. 

From the evidence of eye witnesses and those who were able to identify culprits from video footage of the incident, the following persons were identified to have been involved in the destruction of some properties: 

i. One Sanna Jallow used the public address system to urge the villagers to resist the PIU and he later instigated the villagers to burn the building of Famara I.B.L Jarju. 

ii. Sarjo Camara destroyed Fansu Jung Conteh’s flat screen TV 

iii. Lamin Ceesay destroyed the fridge door of Fansu Jung Conteh 

iv. Anta Mamburay, Saikou Saidy, Lamin Dibba, Pabi Ceesay vandalized Fansu Jung Conteh’s vehicle 

v. Nfally Ceesay, Alagie Ceesay, Balo Ceesay, Basiru Badjie, Gibril Jasseh, Omar Darboe attempted to remove Fansu Jung Conteh’s compound gate. 

vi. Yankuba Daffeh was among the mob that burnt down the compound of Pa Touray Darboe 

vii. One Mafujee Dahaba was identified in the video footage to be among the youths that vandalized the house, and also suspected of leading the youths that burnt Famara I.B.L Jarjue’s compound. Mafuji Dahaba is said to be the nephew of Famara I.B.L Jarju. 

viii. One Alieu Jarjue (alias Jola Morro) was identified on the footage as one of the culprits burning furniture of the Chief of Kombo East Baboucar Sanyang. He was repeatedly seen in the video footage destroying properties. 

ix. Yankuba Daffeh, Alagie Ceesay, Ebrima Bojang (alias anifan), Yaya Fatty, Sanna Njie alias SO, Bubacarr Jaiteh and Ebrima Colley alias Ebrima Mama were identified on the video footage vandalizing the house of Bakary Saidykhan. 

The QTV video footage was played and viewed by CW51, CW62, CW63 all of whom are residents of Faraba Banta and they were also able to identify the following individuals: 

Vandalism of Famara I.B.L Jarjue’s house 

List of identified persons 

1. Mafugee Dahaba 

2. Wurrie Jallow 

3. Ba Alieu Ceesay (carrying and axe) 

4. Ebrima (last name unknown but a resident of Haddington, Faraba, carrying a cutlass) 

5. Momodou Yaya Jallow 

6. Karfa Jassey 

7. Sulayman Jaiteh 

Burning of items into the bonfire 

1. Pa Bi Ceesay (seen throwing a wardrobe into the bonfire, resident of Tobacco Road, Faraba) 

2. Alagie Ceesay (seen throwing a wardrobe into the bonfire with Pa Bi Ceesay) 

Vandalism of Malang Jambawuto Sanyang’s compound 

1. Mafugee Dahaba (seen carrying a carpet out of Mr Sanyang’s compound) 

2. Cham (resident of Karayinto ward, Faraba). 

The Commission finds the destruction of properties by arson and vandalism were premeditated and calculated acts orchestrated by the villagers of Faraba Banta. The destructions took place on the 18th and 20th June, 2018. In the words of Pa Touray Sanyang (CW76) he received a phone call from an unknown caller on the 19th June, 2018 who told him that his house will be next to be burnt down. He said on the 20th June, 2018 while at home, a mob which included his next-door neighbour Yankuba Daffeh, went to his compound and burnt down his house. Pa Touray Sanyang could not comprehend the reckless vandalism and like all other victims of the destructions, sobbed before the Commission.

 

[Four Missing Photos of Vandalism of Buildings Missing]

 

iv. Those Who May Have Ordered the Shootings 

From the evidence of the former Inspector General of Police Landing Kinteh, the current Inspector General of Police, Mamour Jobe, the Police Commissioner of Operations, Landing Bojang and the Deputy Commissioner of PIU, Mbanjik Saine, the Commission is able to conclude that there were no orders to shoot given from the Police high echelons. 

All the officers that were at the scene and interviewed by the Commission also confirmed and corroborated the fact that there was no order given to shoot from the Police high command. The Commission was informed by the Police Commissioner of Operations Landing Bojang that there was a breach in protocol in ordering withdrawal of the PIU Officers from the scene. He said when he called his superiors for clearance to withdraw the officers on the scene instead of his superiors channelling the orders back to him as Commissioner of Operations, they directly called the men at the scene to withdraw without going through him. The Commission concludes that there was no proper coordination of the operation on the 18th June 2018. 

According to Police Constable Musa Badjie (CW 65) and Police Constable Nuha Colley (CW67) the two PIU Officers who admitted to firing shots said they did so after they were ordered ‘by a Chief Inspector’ (who they cannot identify and whose name they do not know), to fire warning shots. The Commission discovered that three Chief Inspectors were at the scene during the incident namely; Chief Inspector Edrissa Sanneh (CW75), Chief Inspector Momodou Saidy (CW74) and Chief Inspector Paul Gomez. When Chief Inspector Edrissa Sanneh and Chief Inspector Momodou Saidy were interviewed by the Commission, they stated that there was in fact no order given for the use of firearms. Chief Inspector Paul Gomez (CW84) testified that on the day in question he was at the outskirts of the village in Faraba Banta and was not even in official uniform as he was heading to his post in Sohm. He testified that he did not give any orders This means that in the absence of cogent evidence from Police Constable Musa Badjie and Police Constable Noha Colley being able to categorically name and identify the alleged Chief Inspector, the two of them acted without orders. 

Recommendations on Ways of: – 

1. Preventing a recurrence of the circumstances that led to the stand-off in Faraba Banta 

While it is clear from the testimonies of the witnesses that the relationship between the Alkalo, the Council of Elders and the Chief is amiable and pleasant, the same cannot be conversely said to be cordial with the VDC and the youths of the village towards the Alkalo and the Council of elders. The VDC sees the Alkalo, Council of elders, the chief, the NEA, the Geological Department and the Police as siding with Ansumana Marenah to the detriment of the villagers. This perception and belief were deeply rooted and it is demonstrated in the large-scale vandalism and destruction of the properties of the Alkalo, the Chief, and the Council of Elders by the youths during the incident of the 18th June. There was great suspicion harboured by the VDC and the youths against the Alkalo and the Council of Elders who they believed connived with the authorities to allow Julakay Quarry and Mining Ltd to mine sand in Faraba Banta without proper consultation with the villagers. In this regard, the Commission is proposing the following recommendations to prevent a recurrence of the circumstances that led to the stand-off in Faraba Banta: 

I. There is need for greater cooperation and collaboration between VDC, Alkalo and Council of Elders. The VDC is of the opinion that the Alkalo conducts his affairs without consulting them and the Alkalo believes that VDC has no respect and regard for his authority. The situation is exacerbated by the fact that the Alkalo does not stay in the village which is resented by many villagers. The Commission therefore recommends that the Alkalo must show his presence in Faraba Banta and must be seen to be fully engaged in the activities of the village and to perform his official duties and functions when needed to do so. It is however doubtful after all that has happened culminating to the events of 18th June 2018 that the Alkalo should still maintain his position as the Alkalo of Faraba Banta when he has lost the confidence of the majority of the community. 

II. Issues relating to mining which inevitably affects the livelihood of the whole community should be discussed in great detail and all the stakeholders in the community should be consulted and open consensus reached. In that vein, there should be due diligence in the future with regards to MOUs presented to the NEA and the Geological Department regarding prospective sand mining and other activities that have the potential of affecting the environment and or the livelihood of the villagers. 

III. The NEA and Geological Department should go the extra step to find out whether an MOU presented to them by a prospective miner and or an investor was indeed obtained after a proper consultative process by all the stakeholders in the village. Granted that Section 4 (1) CAP 64:01 Act No. 7 of 2005 of the Mines and Quarries Act states that ownership and control of minerals continue to reside in the State, that in itself does not mean that due process should not be adhered to by the authorities when it comes to exploiting the minerals in the country. In fact, the National Environment Management Act 1994 (NEMA) and the Environmental Impact Assessment (EIA) Guidelines and Procedures 1999, clearly states the processes and procedures required to be adhered to before license are granted and mining activities are allowed to be carried out in any locality. The requirement to adhere to the NEMA and EIA guidelines was also emphasized by Momodou B. Sarr, former Senior Geologist and Executive Director of NEA between 2003-2013 and then a World Bank specialist on the environment for 4 years, in Liberia who stated that consultation with all the stakeholders is a requirement and one must have the details of those who attended the consultative meetings, the pictures of the meeting, a summary of what was discussed and comments made etc. and there is also a requirement to subsequently make an announcement over the radio that there is a mining project that has been initiated so that people will know and be given the opportunity to raise their objections if any. The fact that the Alkalo was consulted by Julakay Quarry and Mining Ltd and he signed an MOU on behalf of the villagers of Faraba Banta, in the opinion of the Commission did not suffice despite the fact that he is the head of the village and is also ex-officio an adviser to the VDC. The EIA Guidelines and Procedures requires that decisions of such nature be reached after a thorough consultative process. 

IV. It is expected that decisions that have the potential of affecting the livelihood of the whole community should be arrived at after a thorough consultative process. It appears that this was not done in the case of Faraba Banta and was therefore the root cause of the problem and resentment fuelled by an already existing mistrust and disharmony between the VDC, Alkalo and the Council of Elders. In the light of the Faraba Banta incident, the processes involved in the way sand mining licence are issued to mining companies should be revisited and the procedure for obtaining licences better scrutinised so that all the stakeholders involved are consulted and a consensus reached. It is very evident in the Faraba Banta incident that sections of the community felt that they were not properly consulted in the process. The MOU signed by Ansumana Marenah and the Alkalo although it appeared to have the approval of the Council of Elders did not have the consent of the VDC and this was apparent and evident in their numerous complaints and also petitions addressed to the Geological Department, the NEA and to the NAM. 

V. The process of consultation must be inclusive involving all stakeholders in the community. However due to the patriarchal society particularly in the villages, women are still not sufficiently included in the decision-making process at the village level. This was observed in Faraba Banta, and more clearly demonstrated in Gunjur and Sanyang where none of the representatives of the two villages who met the Commissioners during field visits, were women. Women and minority groups must be supported and encouraged to get involved in steering the affairs of communities. This will foster better understanding of each other’s views, issues and concerns. 

VI. Also observed and of great concern to the Commission is the lack of respect for the law by the youths in Faraba Banta. This was demonstrated in the way they went around destroying properties including the burning of vehicles, destruction and burning of houses of people they suspected to be sympathisers of Julaykay Quarry and Mining Ltd. Lawlessness cannot be condoned in our communities and those identified in this report through witness testimonies and DVD video footages as among those responsible for vandalising, destroying and burning of properties that is to say trucks and houses should be prosecuted. Impunity and lawlessness should not be encouraged in our communities. 

VII. Those who lost their properties as a result of the vandalism and arson should be compensated for the loss suffered. 

VIII. Dialogue should be initiated within the community and there is need for mediation and reconciliation. The relationship between the VDC and the youths and the Alkalo and the Council of Elders needs to be improved. Faraba Banta is currently a divided community. The VDC and youths who are close relatives to the members of the council of elders, the Chief and Alkalo but are adamants that that the loss of lives of their 3 colleagues who died in the hands of the PIU occurred because the Alkalo and the Council of Elders sided with Julakay Quarry and Mining Ltd against the legitimate interest of the villagers of Faraba Banta while the council of elders are of the firm belief that the VDC and youths are disrespectful to the elders and authority generally.

IX. Sand mining in Faraba Banta should continue to be suspended until a proper EIA is carried out by an independent consultant that is to say independent from the NEA, Geology and Julakay Quarry and Mining Ltd. A proper consultation should be carried out with all the relevant stakeholders in the village before any sand mining is to be approved and carried out. 

X. The families of those who lost their loved ones and those who sustained injuries should be compensated. 

XI. The PIU Officers named in this report as the officers who may have caused the deaths of the 3 civilians and injuries to the civilians should be prosecuted and appropriate disciplinary action taken against those who discharged their firearms resulting in injuries to the villagers. 

XII. Those whose properties have been destroyed, vandalised and or burnt should be compensated for their loss. 

XIII. The role of the VDC and the Alkalo with that of the Council of Elders should be clearly more defined and the VDC, Alkalo and Council of elders must be encouraged to work together in harmony at all times and especially when it comes to matters that affects the whole community such as mining and or setting up and building of factories, industrial plants and related matters in the area. 

Continuous civic education should be carried out in Faraba Banta and all the respective communities using the mass media in all the local languages so that people are sensitised to not only understand their fundamental rights and freedoms but their duties and responsibilities within their communities and the need to respect the rights of other people. 

2. Preventing the occurrence of similar incidents in other parts of the country 

i. Talking to people on the ground and especially following the Commission’s field visit to Sanyang and Gunjur and talking to the various stakeholders, it appears that the incident that occurred in Faraba Banta can also happen in other parts of the country if the concerns about the environment and land ownership and land use are not addressed within the affected communities. 

ii. Part A5 of the schedule of the NEMA Act 1994 requires a proper EIA to be carried out by the appropriate authorities that is to say the NEA in proposed sand mining areas and before sand mining licences are issued out to companies. Similarly, the same should be conducted before factories are constructed and allowed to operate. The procedure to be followed are contained in the EIA 1999 guidelines and procedures . In light of what happened in Faraba Banta and the site visits conducted in both Sanyang and Gunjur, the Commission is of the firm belief that the stipulated procedures and processes are not always adhered to. 

iii. The Commission’s findings reveal that proper consultations are not usually carried out with the respective stakeholders in the communities by the licence operators, the NEA and Geological Department. From the discussions with the various stakeholders in Sanyang, Gunjur and Faraba Banta, it appears that the communities are usually informed about mining activities and the construction of factories in their localities only after licences are issued to operators and companies. The total absence of consultations with all the stakeholders in the respective communities have been a source of tension especially given the fact that current VDC members tend to be more educated, environmentally aware and younger than their predecessors and inevitably therefore ask more questions and demand answers from the authorities and prospective mining companies and investors as oppose to the council of elders. 

iv. Apart from proper EIA to be conducted before license are issued and mining allowed to be conducted or factories constructed, equally important is for the authorities i.e. NEA and the Geological Department to constantly monitor the licence holders to make sure that they are adhering to the terms and conditions set forth in the licence granted to them especially with regards to environmental degradation and pollution. The Commission was shocked to witness the environmental damage to the environment both at Faraba Banta and at Sanyang as a result of sand mining over the years. It appears that no efforts have been made by the mining companies to level the ground, or somehow rehabilitate the mining area or to mitigate the effects of mining. 

v. It is recommenced that all licensee must along with their application for mining licence, submit the Curriculum Vitae of a hired Consultant who must be a qualified environmentalist and who must also submit names of all his team members for scrutiny by Geological Department. No member of the Consultant’s team should be an employee of either the Geological Department or NEA. A very strong message to NEA staff that it is totally unlawful and unethical for them to be a consultant for a project that they are going to approve. This will ensure impartiality on the part of the issuing authorities in the whole process. 

vi. The communities must benefit from the proceeds of mining activities in their localities. There should be social corporate responsibilities by the companies mining and or setting up factories in these communities and this not only involves the duty not to pollute the environment but to invest in the wellbeing of the said communities such as building health facilities, sport amenities, schools, creating scholarship funds and employment opportunities and similar positive investments. 

vii. The government should look into possible alternatives to sand mining which according to Mr Momodou B. Sarr, former Executive Director NEA and an environmental expert is not sustainable. He suggested as an alternative the use of mud laterite bricks laced with cement which he said will last six times longer than blocks made from beach sand. He stated that most buildings in Europe use this type of bricks. He also recommended the use of gravel stones from the hills around Mansakoko and Bansang which can be utilised with minimal and or no environmental damage and can serve Gambians for thousands of years. 

viii. The Commission is of the opinion that the state should map out all the potential mining sites in the country and also take control of all mining areas for proper supervision and monitoring of these sites. In addition, licence holders must be constantly supervised to ensure that they are adhering to terms and condition of their licence and that restoration is done to the mining site when they leave the area. The current practice of prospectors and investors identifying areas to mine before Geology and NEA designate an area as a mining site should be revised. The failure by mining companies to restore the sites mined after completion of mining should be prohibited and sanctioned. Many of the areas previously mined, have been exhausted leaving behind great environmental degradation and this is evident in Kartong, Kachumeh, Sanyang and Faraba Banta which have still not been rehabilitated as required by the law. 

ix. The NEA should under the S3 of NEM Act, part2, General Practices, CAP 70:01, be bold and proactive to use its power to prosecute those who fail to fulfil the conditions imposed in granting of their mining licence such as the filling the pits / levelling the ground or any other form of rehabilitation of the affected area. 

x. The recent incidents in Gunjur and Sanyang Fishmeal factories operated by Chinese owned companies almost erupted into violent confrontation because of issues surrounding environmental pollution which if not properly addressed, will lead to public unrest and possible violent confrontation. The authorities cannot continue to sweep issues of environmental concerns under the carpet and hope that they will go away. There must be political will on part of the Government to implement these changes. 

xi. The use of the Police and PIU Officers to enforce the mining rights of licence holders and investors when there are unresolved conflicts between the communities and the licence holders, is a recipe for violence as was the case in Faraba Banta. Similar incidents of protest against fishmeal companies and sand mining operators are becoming a common occurrence with VDC members, the youth and concerned villagers in Gunjur, Sanyang and other parts of the country protesting and demanding answers form the authorities. Consultations, dialogue, mediation and consensus should always be the preferred options rather than a show of force which has the potential of escalating into bloody confrontation. 

xii. Issues surrounding land ownership and land use is a source for potential conflict in various communities. There are many unresolved conflicts surrounding the private sale and transfer of landed properties and the ownership and use of communal and farm lands. Mr Francis D. Mendy an expert on development and conflict analysis and mitigation in his testimony stated that land issues in Kombo South, namely Gunjur, Sanyang, Teneneh, Tujereng especially where the system of land borrowing and land lending has been abandoned and rendered meaningless due to the realization of the commercial value of land is causing conflict in the said communities. 

Mr Mendy further opined that ongoing land disputes in the West Coast Region is a cause for great concern with people who are considered the ‘settlers; i.e. recent arrivals and the people that regard themselves as the ‘owners’ of the land engaged in land dispute ownership. The emerging trend is that some communities are being issued with eviction orders. In addition, there are tribal and religious undercurrents being introduced into the whole dynamics which is a source for potential violent conflict. To avert these potential violent conflicts, it is suggested that an independent land commission, mandated by the Act of National Assembly be instituted with statutory powers to interalia adjudicate, advise and monitor with powers to demarcate boundaries and to mediate in land disputes. 57 

xiii. The authorities should as a matter of urgency digitalise the land registration process and improve the documentation and record keeping of land transactions in order to eliminate and reduce fraud when it comes to land ownership and the sale and transfer of landed properties. 

Sand Mining Sites at Sanyang 

3. Improving Police Duties and Police Crowd Control Capabilities. 

I. It is evident from the testimonies of Mr Marmour Jobe the current IGP, Mr Landing Kinteh the former IGP and Senior PIU officers who testified before the Commission, that the PIU is ill equipped with tools and equipment to carry out its work of crowd control especially in riot situations. All of them attested to the fact that the PIU does not have sufficient stone proof body armour, shields, batons, helmets and radio handsets. Equipment such as water cannons and rubber bullets which when used in riot situations and rowdy protest situations are effective in managing and controlling crowds and at the same time minimising fatal and serious injuries to civilians, are unavailable to the Gambia Police Force. 

II. Reliable communication and monitoring devices such as two-way radio communication systems should be provided to all units of The Gambia Police Force. These devices should be reliable and dependable to enable the Police Command to communicate with officers on the ground, monitor situations and convey orders.

III. The Police riot equipment and gears should be well stocked at designated Police stations and or facilities across the country and replenished on a regular basis. 

IV. The testimonies of the current IGP Mamour Jobe, the former IGP Landing Kinteh, and Senior Police Officers on how PIU officers should conduct themselves during riot situations when compared to the testimonies of the PIU officers involved in the events in Faraba Banta on the 18th June, 2018 reveals lack of coordination and or proper training especially the way they handled the situation by shooting indiscriminately at the crowd even when it appears that some were fleeing from the ensuing confrontation. The injuries sustained by the villagers reveals that most of them were shot from the back which therefore suggests that the PIU officers are either poorly trained in crowd control and riot situations or that some of them were ‘trigger happy’. 

V. Continuous training in riot control situations should be accorded to PIU Officers. This will enable the Police to be aware of and implement Police Standard Operation (SOPs) on riot control and avert the unnecessary loss of life. Conflicting information was given by PIU Officers who testified before the Commission regarding PIU chain of command and responsibilities of PIU officers regarding giving orders and obeying orders. It appears that PIU Officers are either poorly trained and or refuse to take orders. 

VI. The issuing of rifles with live rounds should be controlled. Rifles should be assigned to dedicated marksmen with the requisite psychological orientation to use the guns as a last resort and to shoot below knee level as stipulated in the SOPs during riot situations. 

VII. It is important that current personnel of the PIU officers are vetted and screened and those found to have been involved in torture and human rights abuses are removed from the Police Force. Allegations have been made by many Gambians against PIU personnel who have been engaged in torture, violence and human rights violations of many civilians during the rule of the ex-President Yahya Jammeh and as a result many Gambians do not have confidence in the PIU. There is no evidence that the police have taken any steps to vet and or screen PIU Officers who have been involved and or suspected to have be involved in past human rights abuses nor was the Commission made aware of any programs in place to train and or reorient PIU officers in operating under a democratic dispensation. Security sector reform should be carried out as a matter of urgency. 

 

ANNEX I LIST OF WITNESSESS 

6th July 2018 @ Faraba Banta 

CW1 – Amadou Darboe (Imam of Central Mosque Faraba Banta) 

CW2 – Saidou Bah (Father of victim- Ismaila Bah) 

7th July 2018 @ Faraba Banta 

CW3 – Fatou Bah (Mother of victim- Ismilia Bah) 

CW4 – Ebou Kujabi (Father of victim – Bakary Kujabi) 

CW5 – Alhagie Momodou Bojang (Witness to the Faraba Banta incident) 

CW6 – Angila Saidykhan (Mother of victim – Amadou Jawo) 

CW7 – Malang Jarjue – (Resident of Faraba Banta) 

CW8 – Kebba Kujabi – (Resident of Faraba Banta) 62 

9th July 2018 @ Atlantic Hotel 

CW9 – Noha Kujabi (Alkalo of Faraba Banta) 

CW10 – Bakary Colley (Witness to the Faraba Banta incident) 

CW11 – Suwaibu K. Sanyang (Witness to the Faraba Banta incident) 

10th July 2018 

CW12 – Sulayman Jarjue (Resident of Faraba Banta) 

CW13 – Tijan Jarjue (Secretary to the Youth Kafo of Faraba Banta and a witness to the Faraba Banta incident) 

11th July 2018 

CW14 – Nfally Saidykhan (Witness to the Faraba Banta incident) 

CW15 – Baboucarr Sanyang (Chief of Kombo East) 

CW16 – Alagie Bambo Saikoubah Sanyang (VDC Chairman) (testimony completed on 12th July 2018) 

12th July 2018 @ Atlantic Hotel 

CW17 – Abdoulie M. Cham (Director of the Geological Department) (testimony completed on 13th July 2018) 

13th July 2018 

CW18 – Lamin Prince Sanyang (Co-opted member of the VDC) 

14th July 2018 + 16th July 

CW19 – Ansumana Kebba Marenah (Julakay) 

CW20 – Baboucarr B Jallow (The Admin Manager for Julakay) (testimony completed on 17th July 2018) 

17th July 2018 

CW21- Superintendent Baboucarr Cham (PIU, Accused Person) 

CW22 – ASP Bala Musa M.K Fatty (PIU, Accused Person) 

CW23 – Sergeant 2124 Alieu Camara (PIU, Accused Person) 63 

CW24 – Momodou Jama Suwareh (Executive Director of National Environment Agency) 

CW25 – Lamin B.J Samateh (NEA Programme Officer Environmental Legislation) 

CW26 – Malick Bah (Senior Programme Officer at NEA) 

18th July 2018 

CW27 – Pa Modou Bojang (Journalist and alleged victim of police brutality) 

19TH July 2018 

CW28 – Assan Badjie (Cameraman) 

CW29 – Yankuba Jatta (Human resource manager GRTS – Messenger to produce GRTS footage on the Faraba Banta incident) 

CW30 – Toni Elhadj (Manager Heje Group – victim of a burnt excavator and a wheel loader) 

19th July 2018 

CW31 – Amadou Demba (Truck owner – victim of a burnt truck) 

CW32 – Samba Sarr (Truck Driver) 

CW33 – Musa Njie (Truck owner – victim of a burnt truck) 

CW34 – Abdoulie Njie (Truck Driver) 

20th July 2018 

CW35 – Sir Dawda Kairaba Daffeh (Gunshot wound victim) 

CW36 – Alagie Camara (Gunshot wound victim) 

CW37 – Francis Jabang (Alleged victim of police brutality) 

CW38 – Modou Sarr (Truck Driver) 

CW39 – Ebrima Barrow (Truck owner) – Testimony completed on 23rd July 2018. 

CW40 – Ebrima Sowe (Truck Driver) 

CW41 – Musa Gaye (Truck Owner) – Testimony completed on 23rd July 2018. 64 

CW42 – Nfally Bojang (Truck Driver) 

23rd July 2018 

CW43 – Alagie Sowe (Truck Driver) 

CW44 – Honourable Sainey Touray – Chairman of the National Assembly Select Committee on Environment – Testimony completed on 26th July 2018. 

CW45 – Bakary Njie (National Assembly Member of Bunduka Kunda). 

CW46 – Sainey Sonko – (Alleged victim of police brutality) 

24th July 2018 

CW47 – Sulayman Jammeh (Gunshot wound victim) 

CW48 – Abdoulie Jobe (Alleged victim of police brutality) 

CW49 – Fansu B.K. Conteh (Jung Conteh) – Council of Elders – Testimony completed on 31st July 2018. 

CW50 – Franklin Perry Beriick (Pathologist) 

CW51 – Sumanguru Conteh (15yr old) – Son of CW49 

CW52 – Alagie Mamud Jobe – (Current Inspector General of Police) 

27th July 2018 

CW53 – Landing Kinteh (Former I.G.P) 

CW54 – Mbanjick Saine (Deputy Commissioner of the P.I.U.) 

30TH July 2018 (Faraba Banta) 

CW55 – Khaddy Touray (Farmer at Faraba Banta and witness to the Faraba Banta incident) 

CW56 – Aja Sanyang (Witness to the Faraba Banta incident) 

CW57 – Wontoh Kujabi Samateh (Farmer at Faraba Banta) 

CW58 – Sunkaro Jarjue (Farmer and alleged victim of police brutality) 

CW59 – Bakary Badjie (Alleged victim of police brutality at the Faraba incident) 

CW60 – Khaddy Sanyang (Witness to the Faraba Banta incident) 65 

CW61 – Awa Jarjue (Farmer at Faraba Banta) 

31ST July 2018 

CW62 – Awa Conteh (Daughter of CW49) 

CW63 – Adama Conteh (Daughter of CW49) 

CW64 – Mamadou Zakaria Jallow (PIU Officer) 

CW65 – Musa Badjie (PIU Officer) 

1ST August 2018 

CW66 – Essa Jallow (Q-TV Reporter) 

CW67 – Noha Colley (Accused Police Officer – present at the Faraba Banta incident) 

CW68 – Landing Bojang (Commissioner of Operations of the GPF) 

2ND August 2018 

CW69 – Malang Jambawuto Sanyang (Member Council of Council of Elders & victim of a burnt home) 

3rd August 2018 

CW70 – Mariama Ceesay Mboob (Principal Registrar of the High Court) 

6th August 2018 

CW71 – Lamin B.F Marong (Secret Service Agent) 

CW72 – Buba Sanyang (Permanent Secretary of Ministry of Lands and Regional Government 

7TH August 2018 

CW73 – Honourable Lamin Conta (National Assembly Member for Kombo East – Including Faraba Banta) 

CW74 – Momodou Saidy (Chief Inspector, PIU, stationed at Brufut PIU Base) 

CW75 – Edrissa Sanneh (Chief Inspector, PIU, stationed at Fatoto PIU Base) 66 

8TH August 2018 

CW76 – Pa Touray Sanyang (VDC Record Keeper – victim of a burnt home) 

13th August 2018 

CW77 – Ba Foday Njie (Police Officer, Inspector with PIU, present at the Faraba Banta incident) 

CW78 – Famara IBL Jarjue (Boyo Jarjue) – (Victim of a burnt home) 

CW79 – Samba Ndong – PIU Officer 2099 (PIU officer present at the Faraba Banta incident) 

14th August 2018 

CW80 – Inspector Abdoulie Njie (Police Messenger to avail the Commission with Update Report on the Violent Attack on the PIU Base at Sand Mining Site in Faraba Village by the Villagers) 

CW81 – Momodou B. Sarr – Former Executive Director of NEA, between 2003-2013. (Expert witness) 

CW82 – Ismaila Fofana – Public Relations Officer of the Faraba Banta VDC 

16th August 2018 

CW83 – Bakary Saidy Khan – Member of Faraba Banta Council of Elders and a victim of a burnt home. 

20th August 2018 

CW84 – Francis D. Mendy – Expert Witness – Zonal coordinator in charge of conflict prevention and early warning for WANEP from 2010 – 2017. 

27th August 2018 

CW85 – Paul Gomez (Chief Inspector and OIC Sohm) 67 

ANNEX II LIST OF EXHIBITS 

CE1 – Empty live bullet shell/case. 9th July 2018 – Produced by CW10 

CE2 – 2 empty tear gas cannisters, 1 empty tear gas bottle and 4 round rubbers – 9th July 2018 – Produced by CW10 

CE3 – A live bullet – 10TH July 2018 – Produced by CW12 

CE5(A) – Letter from N.E.A to Manager Julakay Quarry and Mining – 16th June 2017. Produced by CW16. 

CE5(B) – Letter from Geological Department to The Manager Julakay Quarrying and Mining – 10th July 2017. Produced by CW16. 

CE5(C) – A license from Geological Department sent to the P.S Ministry of Petroleum and Energy, The Governor West Coast Region, The Chief of Kombo East, The Alkalo of Faraba Banta – 11th July 2017. Produced by CW16. 

CE5(D) – Last page of a document signed by Julakay and Noha Kujabi – 16th May 2017. Produced by CW16. 

CE6(A) – Letter from the Faraba Banta VDC to the P.S Ministry of Local Government and Lands and Regional Administration. 30th October 2017 – Produced by CW16. 68 

CE6(B) – Letter from the Faraba Banta VDC to the Geological Department – 30th October 2017 – Produced by CW16. 

CE6(C) – Letter from the Faraba Banta VDC to National Environmental Agency. 30th October 2017 – Produced by CW16. 

CE6(D) – Letter from Faraba Banta VDC addressed to 9 people. 3rd January 2018. Produced by CW16. 

CE7(A) – Letter from Faraba Banta VDC to the Honourable Members of the Parliament Select Committee on Environment. 1st June 2018. Produced by CW16. 

CE7(B) – Letter from the Faraba Banta VDC to the Chaiperson of the Parliamentary subcommittee on environment and Climate Affairs. 26th May 2018. Produced by CW16. 

CE8 – Letter from the National Assembly to the Faraba Banta VDC – 30th May 2018 – Reference Number ME/73/07/(29). Produced by CW17. 

CE9(B) – Letter from Julakay National Holding Company Ltd to the Director Geological Department. 13th November 2006. Application for Quarry License. Produced by CW17. 

CE9(C) – Letter from N.E.A to Ansumana Marenah Julakay National Holding Company – Environmental Approval for Julakay Sand Mining at Kachumeh – 6th August 2007. Produced by CW17. 

CE9(D) – Letter from Geological Department to Chief Executive Officer, Julakay National Holding Co. Ltd. 12th December 2007. Approval of Quarry License for the Kachumeh extension site. Produced by CW17. 

CE9(E) – Letter from Julakay National Building Co Ltd to the Director Geological Department – License Renewal – 5th December 2008. Produced by CW17 

CE9(F) – Letter from the Geological Department to the Managing Director of Julakay National Holding – Approval of License Renewal – 20th January 2009.. Produced by CW17. 

CE9(G) – Letter from Geological Department to Managing Director Julakay National Holding CO – Cancellation of approval for application for License. Produced by – 21st January 2009. CW17. 

CE9(H) – Admitted as a bundle). The bundle contains a memo from Office of the President, on 7th March 2017. Produced by CW17. 

CE9(I) – Letter from Geological Department to the Secretary General Office of the President – Re: Request for re-allocation of my sand mining licence and reimbursement of my capital loss incurred – 20th March 2017. Produced by CW17. 69 

CE9(J) – Letter from Julakay Quarry and Mining to the Director of Geological Department – Application for Quarry License – 23rd May 2017. Produced by CW17. 

CE9(K) – Admitted as a bundle. Company registration documents including a Memorandum and Article of Association, and the Certificate of Incorporation. 22nd May is the date of incorporation but the dates of the documents in the bundle vary. Produced by CW17. 

CE9(L) – letter from Geological Department to the Chairman, 2ND December. Sand Mining at Faraba Banta. Produced by CW17. 

CE9(M) – An MOU between Julakay and the Faraba Banta Community – 16th May 2017. Produced by CW17. 

CE9(N) – Letter from the Geological Department to the Manager Quarrying and Mining – RE: application for a sand quarry license – – 24th May 2017. Produced by CW17. 

CE9(O) – Letter from N.E.A to Manager Julakay Quarry and Mining. 16th June 2017. Environment approval for the operation of an sand quarry at Faraba Bantang village by Julakay Quarry & Mining. Produced by CW17. 

CE9(P) – Letter from Geological Department to the Manager Julakay Quarrying and Mining. 10th July. RE: Application for quarrying license. Produced by CW17. 

CE9P(A) – Letter from Geological Department to the Manger Julakay Quarry and Mining. 10th July 2017. RE: Application for Quarry License. Produced by CW17. 

CE9P(B) – Quarrying License from Geological Department to Julakay Quarry and Mining Company. 11th July 2017. Quarrying License. Produced by CW17. 

CE9P(C) – A Management Plan for Julakay Quarrying and Mining Company Ltd. July 2017. Produced by CW17. 

CE9(Q) – Chief geologist diary report on Julakay’s quarrying and mining license and the Faraba Banta incident. 

CE9) – (admitted as a bundle). 

CE9R(A) – Letter from Julakay Quarry and Mining to the Governor of West Coast Region. 24th October 2017. Delayance of works at Faraba Banta Quarry by VDC youths. Produced by CW17. 

CE9R(B) – Letter from Julakay Quarry and Mining to Director of Geological Department – Hindrance that withheld the commencement of sand mining operations at Faraba Banta – 6th December 2017. Produced by CW17. 70 

CE9R(C) – Letter from the Mininstry of Environment to the Faraba Banta VDC – Petition on the sand mining license issued to Julakay Quarry & Mining Company – 8th November 2017. Produced by CW17. 

CE9R(D) – Letter from the Faraba Banta VDC to the P.S National Environment Agencyy. Petition on the sand mining license issued to Julakay Quarry & Mining Company – 30th October 2017. Produced by CW17. 

CE9R(E) – Letter from Julakay Quarry and Mining to the Director Geological Department. Letter of Notification – 16th August 2017. Produced by CW17. 

CE9R(F) – Letter from Julakay Quarry and Mining to the Director General State Intelligence Service. 31st October 2017. Abrupt interruption of Operations by Faraba Banta VDC Youths. Produced by CW17. 

CE9S – Letter from Julakay Quarry and Mining to Director Geological Department., Illegal Mining Activity At Faraba Banta. (handwritten). 27th October 2017. Produced by CW17. Written by CW20. 

CE9T(A) – Letter from Geological Department to P.S Ministry of Lands. 9th March 2018. Situation of the Faraba Banta Sand Quarry. Produced by CW17. 

CE9T(B) – Letter from Ministry of Lands And Regional Government to 7 addressees. 19th January 2018. Environmental Approval and License for the Opeartion Of Sand Mining in Faraba Banta…. . Produced by CW17. 

CE9U(A) – Letter from the Ministry of Petroleum and Energy to the Director Geological Department. 15th May 2018. RE: Forwarding Complaints from Julakay Quarry and Mining. Produced by CW17 (Abdoulie M. Cham). 

CE9U(B) – Letter from Julakay Quarry and Mining to P.S Ministry of Petroleum and Energy. 7th May 2018. Request for the Clarification of Matters over Works at Faraba Banta Quarry. Produced by CW17. 

CE9V(A) – Letter from The Gambia Police Force to 5 addressees. 21st May 2018. Invitation to a meeting. Produced by CW17. 

CE9V(B) – Letter from the National Assembly to the P.S Ministry of Petroleum. 12th June 2018. Meeting with the Select Committee on Environment, Sustainable Development and NGO’s Affairs. Produced by CW17. 

CE10(A) – MOU between the Faraba Banta Community and Julakay Quarry and Mining Company. 16th May 2017. Produced by CW19. 

CE10(B) – Letter from Julakay Quarry and Mining to the Alkalo of Faraba Banta. 21st October 2017. Produced by CW19. 

CE10(C) – Environment Management Plan for Julakay Quarry and Mining. Produced by CW19. (No date) 71 

CE10(D) – Letter from N.E.A. – Undertaking to Operate a Sand Quarry at Faraba Banta Village by Julakay Quarry and Mining – 16th June 2017. Produced by CW19. 

CE10(E)- 

CE10(F) –Agreement between Julakay Mining and Jarjue Kunda Family at Faraba Banta, signed by both parties – 12th December 2017. Produced by CW19. 

CE10(G) – Payment Voucher . On Julakay Engineering letter head to Basiru Daffeh) – – 8th January 2018. Produced by CW19 

CE10(H) – Receipt note on the Julakay letter head, 27th January 2018 – signed by Momodou Jallow. Produced by CW19. 

CE10(I) – Receipt note on Julakay’s letter head, 29th January 2018 – signed by Kebba Jasseh. Produced by CW19 

CE10(J) –Letter from Julakay to the I.G.P. abrupt interruption of operations by Faraba Banta youths – 31ST October – Produced by CW19 

CE10(K) – Letter from Julakay to the I.G.P. 23rd April 2018.. Produced by CW19. 

CE10L – Letter from Julakay to the I.G.P. – Petition over Illegal Mining at Faraba Banta Quarry – 10th May. Produced by CW19. 

CE10M(A-D) – Witness produces a photocopy of a certificate of business registration of GestoAfrica Company. Certificate of incorpotation, Memorandum and Articles, Tin Number. Produced by CW19. 

CE10(N)(A) – Facility offer letter from AgibBank to NewGam Company ltd 24th November. AgibBank Letter head. Produced by CW19. 

CE10N(B) – Letter from Trust Bank Ltd to Julakay Engineering – Banking Facility – 14th July 2017. Produced by CW19. 

CE10N(C) Letter from MegaBank to Julakay Engineering services Offer of an overdraft facility – 18th April 2018- Produced by CW19. 

CE10O – Letter from Julakay Quarry and Mining cover letter from Julakay Quarry and Mining addressed to Secretary Faraba Banta Commission of Inquiry. No Date. 

CE10O(A) – Witness produces – Certificate of business registration 

CE10O(B) – Business plan, Julakay Quarry and Mining Copany Ltd 

CE10O(C) – Material bill of quantities for construction of an office and guard room 

CE10O(D) – Document headed Bank Facility Account Number 11013247601 – Trust Bank Ltd – 14th July 2017 – written to Julla Engineering Service – 72 

attached to it is a bank statement that covers the period of 14th July 2017 to 18th July 2018. 

CE10O(E) – Letter from MegaBank headed – Offer of an overdraft facility – addressed to the MD Julla Engineering Services – 18th April 2018 – Attention Ansumana Marenah – Attached to this letter is a MegaBank statement of account of Julla Engineering Services. Covering the period between 1ST April 2018 – 31st July 2018. 

CE10O(F) – Letter from Agib Bank Ltd – 24th November 2017 – addressed to NewGam – Facility offer letter – attached is the statement of account dated 18th July 2018 – The statement covers the period between 1st January 2017 – 18th July 2018. 

CE10P – Judgment of the High Court – Between Arab Islamic Bank v Julakay – certified on 07/08/2018 

CE10Q – Chartered Quantity Surveyors Valuation of building structure at Lamin Village Kombo North District – 6th August 2018 

CE11(A) – Letter from Jula Quarry and Mining to Noha Kujabi (Alakalo of Faraba Banta) – 27th December 2017 – Ceasation of illegal sand mining activities at the quarry in Faraba Banta. Produced by CW20 

CE11(B) – Letter from Julakay Quarry and Mining to Director Geological Department –16th January 2018 – Reply to letter – Produced by CW20 

CE11(C) – Letter from Geological Department to Julakay –Sand Quarrying at Faraba Banta – 15th January 2018 – Produced by CW20. 

CE12(A) – Letter from Julakay to Executive Director NEA Application for environmental approval to operate sand mining at Faraba Banta. – 30th May 2017 – Produced by CW24 

CE13(A) – Letter authored by IEA unit, NEA to Executive Director of NEA – verification visit to Julakay sand mining in Faraba Banta – 8th August 2017 – Produced by CW24 

CE13(B) – Letter from Julaykay Quarry and Mining to Geological Department (copied to NEA) – Request for Adjustment on the Allocated Area, Dimension of Mining Quarry – 3rd April 2018 – Produced by CW24. 

CE13(C) – Letter from NEA to Julakay Quarry and Minning –An Addendum to an Environmental Approval Granted to Julakay Quarry and Mining for Sand Mining in Faraba Banta – 17th April 2018. 

CE13D – Letter from Julakay to Executive Director NEA – Request for Rectification on the Allocated Area Dimension of Mining Quarry – 28th March 2018. 73 

CE14 – Letter from NEA to Director Geology Department also copied to Julakay – – 9th April 2018 – Request for Joint Site to Julakay Sand Mine in Faraba Bantang – Produced by CW25. 

CE14A – 14V(g) 

1. A. Renault truck – 10 wheels 
2. B. DAFF truck – 295 – 6 wheels 
3. C. SCANIA Truck – 112 – 12 wheels 
4. D. Man Commando – 10 wheels 
5. E. SCANIA truck – 10 wheel 
6. F. 2 burnt caterpillars 
7. G. 2 burnt caterpillars 
8. H. A burnt vehicle 
9. I. Picture of the burnt compound 
10. J. Picture of a broken window and door 
11. K. Picture of a house where the glass on the door is broken, the banister on the veranda was is broken. 
12. L. Picture of the glass on the door, and the glass on the window are broken, and the corrugated sheets on the roof were broken 
13. M. Picture of the tiles on the wall broken 
14. N. Picture of the house door and window removed, some of the corrugated sheets were removed and the satellite dish is damaged. 

CE14N1& ik 2 – Pictures of the burnt house of CW78 

1. O. A picture of 2 vandalized houses. 
2. P. A picture of a house door was damaged (corrugated sheets were removed) 
3. Q. Q1. A picture of a door that was removed. Q2 A picture of a door that was removed. 
4. R. The kitchen corrugated door is removed (picture) 
5. S. A compound fence that was knocked down. 
6. T. Corrugated sheet door is broken 
7. U. CE14U(A) – Distance from garden to mining site 

CE14U(B) – From the scene to the mining site (Julakay) 

CE14U(C) – From the old mining site to the new mining site. 

1. V. CE14V(A) – The new mining site in Faraba Banta 

CE14V(B) – Old mining site, identified to me by Kebba Jassi 

CE14V(C) – The village women’s garden 

CE14V(D) – (Indicates where the first victim was shot) 

CE14V(E) – (written this is where the second victim was shot) 

CE14V(F) – This is the Julakay’s ticketing office, identified to me by Kebba Jassi 

CE14V(G) – this was the P.I.U toilet 74 

CE15(A) – INVOICE 19, from HASSOUN TRADING Lebanon – 2nd November 2017- items Used Caterpillar 320BL and Freight shipping cost – total amount $140,000. Produced by CW30. 

CE15(B) – From HASSOUN MACHINERY COMPANY – INVOICE 138 – 15th September 2017 – items used VOLVO L120 Wheel Loader and freight shipping – total amount $85,000. Produced by CW30. 

CE16(A)(B) & (C) – 3 pictures of a SCANIA truck. Produced by CW31 

CE16(D) – A hand written document – 29th May 2014 – Agreement between Amadou Demba and Seedy Colley. Produced by CW31. 

CE16(E) – Certificate of transfer of vehicle ownership – 22nd September 2015 – Produced by CW31 

CE16(F) – A document from New Vision Insurance Company – effective date 7th June 2017, expiry date 6th June 2018. Produced by CW31. 

CE16G – A document – Loan Facility Offer from Reliance Financial services – to Amadou Demba – 28th May 2014. 

CE16H – Reliance Passbook – bearing account transactions showing receipts of the loaned account and the repayments – relevant pages photocopied the whole book returned 

CE17(A) – A document from Sunshine Insurance Limited – effective date 26th February 2018 to 26th February 2019. Produced by CW33 

CE17(B) – A vehicle transfer form – from Modou Jammeh to Musa Njie – effective 20th February 2018. Attached is an ID Card of Modou Jammeh). Produced by CW33. 

CE18 – documents – from Edward Francis Small Teaching Hospital – from the department of surgery – detailing injuries received and treatment given. Produced by CW35 

CE19 – A medical card – describing wounds and prescription given – Produced by CW36. 

CE20 – A document entitled – Medical and Health (The Gambia) – describing the nature of injury and the prescription given – Produced by CW37 

CE21(A-C) – 

A. CE21(A) – Carte Grise – the vehicle document – 

B. CE21(B) – Vehicle Insurance 

C. CE21(C) – Registration Licensing Authority forms attached with the customs forms and receipts. 

Produced by CW39. 

CE22 A-E – Vehicle Registration License Form attached to it is a customs form – Produced by CW41 

CE23A – A vehicle insurance certificate – Produced by CW43. 

CE24 – DVD containing footage on the incident Faraba Banta incident and related matters. –Produced by CW29 

CE25A – document – Motion condemning the unfortunate incident involving the paramilitary officers of The Gambia police force and the community of Faraba Bantang – 18th June 2018. Produced by CW44 

CE25B – Letter from the National Assembly to several addressees – Extremely Urgent and Important – 21st June 2018 – Produced by CW44 

CE25C – Report of the National Assembly Select Committee on Environment and NGO Affairs – Country wide tour 2018 – 25th July 2018 – signed by the Chairperson 

CE26 – Medical records from EFSTH with prescription receipts –18th June 2018 – Produced by CW46 

CE27 – A medical report from the EFSTH – 18th June 2018 – detailed explanation of injuries sustained, with the prescription)– photocopy admitted – Produced by CW47 

CE28A – Medical records form from EFSTH – 18th June 2018. Describing injuries sustained – Produced by CW48 

CE28B – Medical and Health form from the Dental Unit – 19th July 2018 – Produced by CW48 

CE28C – Prescription forms from various hospitals –Produced by CW48 

CE 29A – Autopsy Report – Autopsy number PM27/2018 – on Bakary Kujabi – 20th June 2018 – 4:10 pm – Produced by CW50 

CE29B – Autopsy Report – Autopsy number PM28/2018 – Ismaila Bah – 20th June 2018 – 3:30pm – Produced by CW50 

CE29C – Autopsy Report – Autopsy number PM29/2019 – Amadou Jawo 20TH June 2018 – 4:40pm – Produced by CW50. 76 

CE30A – Witness produces an itemised list of his belongings destroyed and burnt during the incident on 18th June 2018, at Faraba Banta. Produced by CW49 

CE30B – 3 pictures of the damaged property (4 pictures are all CE30B – in a bundle). Produced by CW49 

CE30C – A picture of a burnt vehicle and a burnt house. Produced by CW49 

CE31A – Medical Form from EFSTH – 20th June 2018, detailing the injuries sustained. Produced by CW22. 

CE31B – Witness produces a prescription form. Produced by CW22. 

CE31C – Witness produces a picture of his injured hand and wrist. Produced CW22. 

CE32A – A medical form, detailing the injuries sustained by CW64 – 20th June 2018. Produced by CW64 

CE32B – A medical form from E & A, and a prescription form. Produced by CW64. 

CE33 – A DVD record of the incident at Faraba Banta on 18th July 2018, unedited version. CW66 

CE34 – Medical Prescription form from A & E – 18th June 2019. CW67. 

CE35A – Request for Adjustment on the allocated area, dimension of quarry – From Geological department to Julakay Quarry and Mining – 18th April 2018 – Produced by CW68 

CE35B – Minute sheet from the (former) IGP to the Commissioner of Operations – 23rd April 2018. Minuted to the Commissioner West Coast Region and PIU Commander in Brikama. Produced by CW68 

CE36A –A list of items that the witness claims he lost and the value of the items he lost. Produced by CW69 

CE36B(1-6) – Pictures of the properties destroyed in CW69’s compound. Produced by CW69 

CE37 – A copy of the Coroner’s Inquest Request on the death of Ismaila Bah, Bakary Kujabi and Amadou Jawo of Faraba Banta. Prepared and signed by Her Worship Tracy Davis-Wilson – 25th July 2018. Produced by CW70 

CE38A – Compilation of reports in connection with the Faraba Banta incident over sand mining – 3rd August 2018. Produced by CW71 

CE38B – Director General, State Intelligence Service Mr. Ousman Sowe’s visit to Faraba and Dialogue with VDC – 21st June 2018. Produced by CW71 

CE38C – Report on a recovered pistol from Faraba Banta – Signed by Lamin B.F Marong 21st June 2018. Produced by CW71 77 

CE38D – Community of Faraba Banta extols the State Intelligence Service – Produced by CW71 

CE39A – Environmental Approval and License for the Sand Mining in Faraba Banta issued to Julakay Mining to be revoked – signed for the Permanent Secretary Lands – 19th January 2018. Produced CW72 

CE40A – The Preliminary Report from The Gambia Police Force – Interim Investigation Report on Incident Between Youth of Faraba Banta Village and PIU officer in Kombo East District, West Coast Region – Signed by a senior police officer – 28th June 2018. Produced by CW68. 

CE40B – Minutes of mediation meeting with the Faraba Banta youths and elders for a way forward to defuse tension – 5th January 2018. Produced by CW68 

CE40C – Minutes document titled Mediation and Negotiation Meeting with Relevant Stakeholders on the Faraba Banta and mining site – 23rd may 2018. Produced by CW68 

CE40D – A letter from Julla Engineering Service to the IGP- Request for Police Protection – 20th June 2018. Produced by CW68. 

CE40E – A title list of needed anti-riot equipment for the Gambia Police Force – 6th August 2018. Produced by CW68 

CE41A-J – Pictures of the witnesses burnt property – admitted as a bundle. Produced by CW76 

CE41K – A list estimated value of items that were destroyed during the fire + estimated value of the fence. Produced by CW76. 

CE42 – Witness produces a list of the items destroyed at his house in Faraba Banta during the 18th June incident at Faraba Banta. Produced by CW78. 

CE43 – A document titled – Update Report on the Violent Attack on the PIU Base at Sand Mining Site in Faraba Village by the Villagers – Signed by Abdoulie Sowe – 18th June 2018 – Produced by CW80. 

CE44A- F – Witness identifies pictures of his compound that was vandalized – Produced by CW83. 78 

SAMPLE EXHIBITS 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217