*Application of Lead Counsel
That is the last witness we have for today regarding this issue. We have the statement from Jarra Bajo but she is not present. I see it is time, but honourable commissioners permit me to address you on this issue.
Interfering with witnesses is a very serious issue and the Commission knows more than I do that the Commission has been very much indulging and exercising restraint in punishing people who acted unruly before this Commission. For that, I must commend the commissioners.
But going to the level of interfering with witnesses, to us the lawyers, it is really unbecoming of a civil servant or any person who appeared before this Commission. This cannot be tolerated. We urge the Commission to take an action and issue an order for Mr Jaja Cham to be detained in Mile 2 Central Prison or any nearest police station to come and show cause at a date given by the Commission as to why he should not further be cited with contempt of the Commission for these actions and for the matter to be further referred to the police for further prosecution.
If you look at the Criminal, Section 106, in relation to offences relating to judicial officers. It talks about offences in relation to attempting to interfere with witnesses that testify in judicial proceedings. It states that a person who attempts wrongfully to interfere or influence a witness in any judicial proceeding, either before or after he or she has given evidence in connection with such evidence commits an offence and is liable on conviction to an imprisonment term of 3 months.
The interpretation of judicial proceedings can be found in the interpretation section of the Criminal Code. It states judicial proceeding include any proceeding heard or taken in or before a court, tribunal, commission of inquiry…”
So this particular proceeding is a judicial proceeding and in addition to many laws and regulations, the witness when he testifies subsequently and he is found wanting by the Commission, the Commission may make interim orders or make subsequent orders in relation to prosecution or otherwise.
That being the case, we will apply that the witness be arrested and detained at the Mile 2 Central Prison and to come show cause at the appointed time.
Chairperson Jainaba Bah’s Order
“Upon application by Counsel and having heard the witnesses, I hereby order for the immediate arrest and committal at Mile 2 central prison Mr Jaja Cham. And you Jaja Cham will appear before the Commission on the 14th of November 2024 at 10:30 am to show cause why you should not be prosecuted. I make no further orders.”
