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Momodou
Denmark
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 Posted - 03 Mar 2007 : 02:52:21
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VOIR DIRE AT TREASON TRIAL
By Bubacarr K. Sowe
Justice Avril Anin-Yeboah has ruled that the treason trial involving the suspects of the March 21st foiled coup will go for a voir dire (trial within a trial) to test whether the statements obtained from the accused persons were indeed voluntary.
Wednesday’s ruling arose after the defence applied to the court to look into the voluntariness of the statements. The application was objected to by the prosecutors.
Testifying before the court, police detective, Lamin Cham said on March 28th last year, Tamsir Jasseh appeared before the investigative panel at the National Intelligence Agency. Cham said that Jasseh was asked about his involvement in the foiled coup and after explaining his knowledge, he was asked whether he is willing to give a statement, which he agreed to. Cham added that he was instructed to obtain the statement from Jasseh. He said that he cautioned him and that he was not forced to say anything out of his wishes. He said he was told that anything he said will be recorded and could be used as evidence. The detective officer said that Jasseh and an independent witness signed the cautionary statement. He added that Jasseh then wrote his statement which he signed, the independent witness also signed and likewise the detective officer. According to Cham, Jasseh reappeared on 6th April at the panel and another statement was obtained from him. He said that while taking down the statement, an independent witness, Babou Loum came in.
Testifying further, detective Cham said that on the 28th March 2006, Omar Faal Keita also appeared before the panel and was asked to explain his role in the foiled coup. Cham said that Keita told him that he was willing to give a statement. He added that he cautioned him and introduced the independent witness Babou Loum to him. He said that he filled in Keita’s names in the cautionary sheet and told him that he is free to say what he wish to say. Cham told the court that he read out the statement to Keita about two to three times and translated it too, after which Keita thumb printed and signed it and the witness also signed. Cham said that on April 2nd, he took an additional statement from Keita, witnessed by Babou Loum.
According to Cham, the erstwhile National Assembly Member, Demba Dem was brought before the panel and asked to explain his understanding about the coup. He said that before obtaining Dem’s statement, he introduced the independent witness, Babou Loum to him. Cham said that he cautioned him accordingly and filled in his names. Cham testified that Dem requested that he dictate and his statement be written down, which he the witness and Cham himself signed.
Cham also said in court that his office, the major Crime Unit of The Gambia Police force, was moved to the mile 2 Central Prisons during the interrogation period.
Cross Examination
During cross-examination with counsel Lamin S. Camara, Cham said he was part of the panel of thirteen investigators. He said that he is a resident of Sukuta likewise his independent witness, Tijan Bojang. He also said he knows Bojang for years now. According to him he called Bojang as a witness since he works as a mason and is not involved in police, army or intelligence work. He responded that he will be surprise if Tijan is an undercover NIA operative. Cham told the court he cannot recall the time Bojang appeared at the panel, but noted that he appeared at the panel on the 26th of March. He also said that he has been a police in the past years. He later said he did not know whether he can advise suspects on seeing a lawyer. Trial continues for next week.
Source: Foroyaa Newspaper Burning Issue
Issue No. 025/2007, 2-4 March, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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