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Momodou
Denmark
11735 Posts |
 Posted - 05 Dec 2006 : 00:58:20
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Neneh Cham Addresses The Court Martial
By Fabakary B. Ceesay
Neneh Cham Chongan, the counsel for Private Alagie Nying, on Thursday 30th November 2006, told the honourable court martial that the statement of her client was involuntarily obtained by the state. Mrs. Chongan told the court that the two witnesses, defective Abdoulie Sowe and Babou Loum are not trustworthy and that they are not credible. She indicated that the court should not rely on them. She stated that, Abdoulie Sowe an experience police officer told the court how he obtained the first cautionary statement of the accused person in the absence of an Independent witness, thereby violating the procedures and the rules. Neneh Cham added that Mr. Sowe told the court that he never put it in writing that he had read out the cautionary warning to the accused person. Mrs. Chongan pointed out that PW1 (Abdoulie Sowe) told the court that he obtained the statements of the accused person when PW2 (Babou Loum) was present. “But PW2 (Babou Loum) told the court that he only witnessed the statement on one occassion, they therefore contradict each other.” She said the words of PW1 and PW2 are mere assertions and are not credible, and are shakable. She asked the court not to believe in PW1 (Abdoulie Sowe) when he said he took two statements from the accused person on two different occasions and that the statements could be the same “word by word.” She added that PW2 has told the court that he was present throughout when the accused person was narrating his story, but that he cannot tell the court anything that he heard. She further argued that, PW1 contradicted himself when he said the reason the first statement of the accused person was not witnessed is that the accused person denied involvement in the alleged coup, but later changed the story and said that, when the independent witness was called in to witness, he refused to do so. “I summit that where witnesses are so contradictory and inconsistent in material facts in their evidence, such evidence is unreliable and unsafe for the court to rely on them. Their certainty is not enough to prove beyond reasonable doubt,” she argued. She noted that the accused had given credible evidence, which is unshakable and was more strengthened under cross examination. She said the accused person was forced and induced to sign the statement and that the court should believe him, as he is consistent. “I therefore urge this honourable court to discharge him,” she said.
Source: Foroyaa Newspaper Burning Issue
Issue No. 107/2006, 1-3 December, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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