By: Isatou Sarr
The Banjul High Court, presided over by Justice Ebrima Jaiteh, yesterday ruled that the cautionary and voluntary statements given by accused Arona Tine to the police were admissible as evidence in the ongoing trial over the alleged murder of Fatoumatta Kargbo.
The ruling came after a voir dire—a trial within a trial—was conducted to determine whether the statements were given voluntarily. The defence argued that the statements were coerced, claiming that Tine had been threatened and intimidated by police officers and that no independent witness was present during their recording.
The statements in question, initially marked as Exhibits V1 (Voluntary Statement) and V2 (Cautionary Statement) and dated 22 January 2024, related to the alleged stabbing of Kargbo, a staff member at HM Bureau de Change in Westfield, on 19 January 2024. The accused has denied the charge.
To resolve the dispute, the court heard testimony from prosecution witnesses, including the recording officer, Landing Jallow, and an independent witness, Ebrima Janneh, who verified the circumstances under which the statements were obtained.
In his ruling, Justice Jaiteh said the court was satisfied that the prosecution had proven beyond a reasonable doubt that the statements were given voluntarily. He confirmed that the evidence was obtained in compliance with Section 31 of the Evidence Act, 1994, and the Judges’ Rules, noting there was “no evidence to indicate that the accused was threatened, forced, or coerced.”
“The corroboration provided by the independent witness further reinforces the reliability and voluntariness of the accused’s statements,” Justice Jaiteh said.
As a result, the court overruled the defence’s objection, admitting the two statements into the court record as Exhibit P8 (Voluntary Statement) and Exhibit P9 (Cautionary Statement) for use in the substantive trial.
The admission of the statements paves the way for the prosecution to continue presenting its case, while the accused prepares to defend himself against the murder allegation.
By: Isatou Sarr
The Banjul High Court, presided over by Justice Ebrima Jaiteh, yesterday ruled that the cautionary and voluntary statements given by accused Arona Tine to the police were admissible as evidence in the ongoing trial over the alleged murder of Fatoumatta Kargbo.
The ruling came after a voir dire—a trial within a trial—was conducted to determine whether the statements were given voluntarily. The defence argued that the statements were coerced, claiming that Tine had been threatened and intimidated by police officers and that no independent witness was present during their recording.
The statements in question, initially marked as Exhibits V1 (Voluntary Statement) and V2 (Cautionary Statement) and dated 22 January 2024, related to the alleged stabbing of Kargbo, a staff member at HM Bureau de Change in Westfield, on 19 January 2024. The accused has denied the charge.
To resolve the dispute, the court heard testimony from prosecution witnesses, including the recording officer, Landing Jallow, and an independent witness, Ebrima Janneh, who verified the circumstances under which the statements were obtained.
In his ruling, Justice Jaiteh said the court was satisfied that the prosecution had proven beyond a reasonable doubt that the statements were given voluntarily. He confirmed that the evidence was obtained in compliance with Section 31 of the Evidence Act, 1994, and the Judges’ Rules, noting there was “no evidence to indicate that the accused was threatened, forced, or coerced.”
“The corroboration provided by the independent witness further reinforces the reliability and voluntariness of the accused’s statements,” Justice Jaiteh said.
As a result, the court overruled the defence’s objection, admitting the two statements into the court record as Exhibit P8 (Voluntary Statement) and Exhibit P9 (Cautionary Statement) for use in the substantive trial.
The admission of the statements paves the way for the prosecution to continue presenting its case, while the accused prepares to defend himself against the murder allegation.
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By: Isatou Sarr The Banjul High Court, presided over by Justice Ebrima Jaiteh, yesterday ruled that the cautionary and voluntary…
The post Judge Rules In a “Trial Within a Trial” of Westfield Murder Case appeared first on .
