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After the
proceedings on February 23, at the
Tiko Magistrate Court, Magistrate Mukete Tahle Itoe adjourned the case –
for the last time – to April 6 because the Prosecution Witnesses were
absent. The Magistrate warned that, if by that April 6, the State
Counsel, Martin Sakwe, fails to produce the Prosecution Witnesses; he was
going to apply Section 3 (1) of Public Policy on the Criminal Procedure
Code (CPC), dismissing the case.The litigation followed their arrest and
detention on Monday, October 6, 2008, at the same venue (Sabum’s
residence).
Immediately after
the proceedings, the activists drove directly to Pa Sabum’s residence for
another gathering. It was while they were having their refreshments that
the District Officer, DO, of Tiko, Augustine Fonka, arrived with a
truckload of armed soldiers from the Special Amphibious Battalion. The
soldiers jumped down from their truck and fell on the elderly ‘freedom
fighters’ like a swarm of bees. They kicked and bludgeoned the activists
with the butts of their guns before bundling them into the truck.
Afterwards, they
ransacked the “Guest House”, as the SCNC Conference Parlour is called,
destroyed and confiscated plates, food flasks and chairs. Barrister Benjamin
Enow, who was on a prowl, was also whisked off and detained at the
Mutengene Gendarmerie Brigade.
Barrister Enow was
later released at about 6 pm, after taking down his statements. The SCNC
activists were also granted self bail each by nightfall. The diehards
went back to their usual meeting place where they had another brief
meeting that night before dispersing.
After his release,
Barrister Enow told The Post that their arrest was a gross violation of
human rights. He described the treatment meted to the old men and women
as dehumanising.”I was molested during my arrest but, while in detention,
they simply asked me to sit on the floor which I did. They did not allow
me to call my lawyer,” Enow said. He added that, while in detention, they
were charged with obstruction of traffic, illegal re-union and
distribution of UN flags.
Reacting to the
arrest, Barrister Eta Besong Junior, President of the Bar Council,
explained that there are certain provisions that must be followed before
a lawyer is arrested. He, however, stated that the matter was still sub
judice (still under study by the law court).
For his part, the
leading defence counsel of the SCNC case, Barrister Stanislaus Ajong Anu,
said the arrest, detention and subsequent release of the accused persons
is ample proof that the State intends to use any means at their disposal
to obtain conviction against them.
According to Anu,
the intent of the authorities is to muzzle the defence, destabilise and
traumatise the accused persons so that they cannot properly prepare their
defence. “The defence lawyers and the accused persons are concerting and
the possibility of dragging the State and some individuals in their
personal names to court for such gross human rights abuse is not ruled
out,” said Ajong.
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