By:Haddy Touray
Melissa Hindman, the assistant state prosecutor in Denver, Colorado, U.S. federal court, on Monday, dismissed count five against Michael Sang Correa due to the failure of Bunja Darbeo, a key witness, who was unable to travel to the United States to testify.
Count five indicted Correa of conspiring to commit torture but was dropped after the prosecution of the absence of witness Darboe.
Correa faces six counts of torture and one count of conspiracy to commit torture. He is also the only the third person—and first foreign national – to be prosecuted by the U.S. for torture committed abroad.
But, according to the prosecutor’s application, the witness is serving member of the Gambia Armed Forces, and he is currently on deployment. The defence team did not object to this application. Therefore, the federal judge Christine M. Arguello dismissed count five.
The proceedings started in the absence of Correa in the early hours of 8am, but the judge Arguello later insisted for Correa’s appearance and instructed her clerk to enquire with the Court Marshals about his whereabouts. Later on at 8:24 am, Correa entered the courtroom, wearing a black suit. He had dreadlocks and was wearing reading glasses. He appeared to be of average height with a psychically fit. He sat surrounded by his four defence team, consisting of three men and one woman.
The details of count five stated that Michael Sang Correa together with others both known and unknown to the grand jury did, while specifically intending to inflict severe physical pain and suffering (other than pain or suffering incidental to lawful sanctions) commit and attempt to commit torture, while acting under colour of law, by committing and causing and aiding and abetting others to commit acts against another person known to the grand jury (referred to herein as Victim 4) within their custody and physical control. The details stated that Michael Sang Correa, together with others both known and unknown to the grand jury knowingly and intentionally aided, abetted, counselled, commanded, induced, and procured each other’s participation in the commission of the said offense.
After the dismissal of count five, the court then began with jury selection—and opening statements from the prosecutors and defence attorneys.
Correa was a former “jungler,’’ a paramilitary group from The Gambia that operated between 1994 and 2016 under the reign of the ex-dictator Jammeh. The group, widely known to work outside its security structures, has since engaged in extrajudicial killings, forced disappearances, sexual abuse, and torture.