The presiding judge in the trial of Bai Lowe has set a date for judgement to be delivered on Thursday, 30th November 2023.
Bai Lowe, a former driver of the Junglers is accused of being allegedly involved in the attempted murder of Ousman Sillah, a lawyer; the murder of Deyda Hydara, a journalist; and the murder of Dawda Nyassi, a perceived opponent of the former president.
Following the testimonies several witnesses and closing statement made by Mr. Kracke, Lawyer for the defendant Bai Lowe at the High Court in the city of Celle, Germany, on 24th November 2023, the presiding judge Mr. Günther announced that the verdict will be delivered on 30th November 2023.
In his closing statement, Mr Kracke, the Defendant’s Lawyer began by rhetorically asking about the meaning of the interview his client Bai Lowe had with journalist Pa N’derry Mbaye (Late), in which the defendant claims his own participation in the crimes and which had become the main basis of the prosecution.
Contrary to Lawyer Kroker (the plaintiff‘s lawyer), Mr. Kracke said that it is not about finding out whether Bai Lowe is guilty or not; adding that it is about finding out if the prosecution is lawful. The defendant does not have to prove his innocence.
“The crimes took place in The Gambia, therefore it is complicated to completely comprehend and utilise the provided evidence. Also, the country rarely provided any help,“ he stated.
Deyda Hydara
In his closing statement on the killing of Deyda Hydara, the defense lawyer Mr. Kracke mainly compares the different progressions of events that had been revealed by Bai Lowe himself, the article from “Reporters Without Borders” and the witnesses who could not actually confirm the defendant’s presence.
“The stories do not match each other and are quite contradictory. The sources are not credible and the defendant’s statement in the interview does not fit the official TRRC reports,“ he argued.
He questions if driving a taxi is enough to claim that Bai Lowe is an accomplice. “It is not sure to say if he was actually the person driving the car,“ he stated.
Dawda Nyassi
On Dawda Nyassi‘s killing, the defense lawyer said all of the other participants that have been heard by the TRRC claimed that Bai Lowe was not present, contradicting the defendant’s statements. He said at the time Nyassi was killed, it was no solution to talk to the investigating authorities because they were still under the control of Jammeh. He added that Bai Lowe may have feared for his family.
Ousman Sillah
Continuing his statement, the defense lawyer said Ousman Sillah himself had cut off the contact to Bai Lowe, even after the latter had expressed to finally be heard as a witness in his process.
“There is only little evidence regarding the case of Ousman Sillah. Therefore, there are significant doubts on the defendant’s participation, as the only evidence seems to be the (contradictory) interview,“ he said.
Other Offences
Conclusion
Defense lawyer Kracke said regarding the migrants that had been massacred in 2005, only one witness claimed to have noticed Bai Lowe as one of those who participated. He added: “ Yet it is not unlikely for him to have seen a picture of Bai L. on the internet before, as it is a normal psychological process of the brain to then recognise that person. Yet this would not be enough for prosecution, so the request has been reasonably rejected.“
In conclusion, Mr. Kracke says he does not intend to change anybody’s mind and added that it is undisputed that the defendant has acted and lived in the environment of murderers, yet he only was a car driver. He asks if that alone is enough to prove him guilty, which he concludes only the judges can answer.
“The establishment of the TRRC and the beginning of the reconditioning of the dictatorship of Yahya Jammeh has only been possible thanks to the claims Bai Lowe has made in the interview in 2013. Therefore, the true reason for the interview had been Bai Lowe’s will to shed light on the crimes and sanctioned those who committed them,“ he further argued.
Defense lawyer Mr. Kracke then requests for acquittal of his client.
However, the presiding judge Mr. Günther says he will think about Mr. Kracke’s words, as all closing statements have a tendency towards one side.
Defendant’s Last Word
Judge Günther explains to Bai Lowe that the German law gives the right of the last word to the defendant (§ 258 II StPO). He asks the latter if he would like to make use of this right; and he (the defendant) affirmed.
Bai Lowe began by enthusiastically greeting the trial’s parties and the audience. During his speech, he uses his body and open posture to talk to the judges and the interpreter, seemingly relaxed yet confident.
He continued by stating that his career for the State House, starting from his recruitment in the army in 1997, finishing off with his interview in 2013 and how he got into his current situation.
He made a description of the settings, timelines, groups he belonged to and the people he worked with (and for) gets seemingly confusing and repetitive in some aspects during his one-hour speech.
Bai Lowe told the court that there were two main groups (the Hit Squad and the Junglers) which must be differentiated. It must be differentiated. He explained that the “Hit Squad” consisted of the following four people: Malick Jatta, Alieu Jeng, Tamba..etc.), while the rest were also the Junglers, who are responsible for the killings, the torture and other crimes. He said there was a third group called the Border Patrol Team, which he belonged to.
“Both teams may have worn the same uniforms, but they did not commit the crimes together,“ he noted.
Bai Lowe said he suffered a lot under Yahya Jammeh and the cruelties of the Junglers. He revealed that they killed his “brother” after breaking his legs (cries while telling the story) and his best friend whom he had met in the training camp.
“They made him work without allowing him to properly rest, he bought them food, yet they repeatedly threatened to detain or even hurt him.“ He also talked about other torture methods they used on people.
He says there have been many witnesses telling different and contradictory things even though they don’t know him.
He said since nobody helped nor believed him, he understood that he had to sacrifice himself to make the Gambians know what happened under Jammeh.
He said if the judges continue to find out the truth, they can hear more from the Junglers, and if they manage to get Jammeh on trial, he himself would speak out as a witness. He concluded his statement and said only God knows that he (Lowe) is innocent.
