Tijan Bah, who served as an independent witness when Sidat Jarju and Ebrima Vieux Colley were arrested, testified yesterday, in the voire-dire (trial within a trial) in order to prove that their statements were made voluntarily.

The duo are among 9 MFDC rebels, who are  standing trial on charges of terrorism and other related activities in The Gambia, before Magistrate B Y Camara of the Banjul Magistrates’ Court.

Tijan Bah informed the court that he is a retired civil servant, adding that he served as an independent witness at the time Salifu Nyang was obtaining the cautionary statements from Sidat Jarju and Ebrima Colley respectively. Mr Bah recalled that on 18 May, 2007, he was invited to the National Intelligence Agency (NIA) Headquaters in Banjul to serve as an independent witness.

He added that upon his arrival he was taken to a private room where he met the first accused Sidat Jarju together with another police officer.  “ The officer introduced me to the accused person as an independent witness, whilst his statement was taken,” he said. Mr Bah added that the accused person’s statement was obtained  voluntarily without torture or harassment. “The statement was read to him in the language he understood, which he accepted  as true.”

According to Mr Bah, Sidat Jarju was brought to the NIA Headquaters on four occasions  to clarify certain issues on the statements obtained from him which were all signed.

Concerning Ebrima Vieux Colley, the second accused person, the witness maintained that the same procedure was observed. Consequently, he confirmed that Mr Colley was not tortured or harassed.

 The independent witness told the court that Mr Colley accepted the statement as true after it was read out to him in the language he understood, which he (Mr Bah) signed together with the accused and the police officer who recorded the statement.

However, Emmanuel Fagbenle, Director of Public Prosecution (DPP), informed the court that he has closed his case on the voire-dire and therefore, wants to address the court on the issue.

Sidat Jarju and Ebrima Colley, the 1st and 2nd accused persons in their testimonies objected to the DPP tendering their voluntary statements, claiming that the statements were not obtained voluntarily. “We were forced to make statements,” they told the court.

Proceedings on the voire dire continue today.