Back and Next - Back and Next‘Voir-Dire’ AT COURT MARTIAL
Thursday, October 19, 2006
A trial within trial, ‘Voir-Dire’ began on Saturday in the ongoing court martial of the March 21st alleged coup plotters at the Yundum Military Barracks, presided over by Justice Agim.
The Voir-Dire was called in accordance with section 166 of the Evidence Act to determine the voluntariness of the cautionary statements of Captain Yahya Darboe, Captain Wassa Camara and Alagie Nying. The Voir Dire, was also meant to determine the presence of an independent witness at the time that the alleged coup plotters made their statements, in connection with the 21st March, 2006 foiled coup plot led by Col Ndure Cham, Ex-Chief of Defence Staff of The Gambia Armed Forces (GAF).
The trial-within-trial arose during the cross examination of the state witness, Mr Abdoulie Sowe, First class 1580, of the Major Crime Unit of the Gambia Police Force, by Borry Touray, Counsel for the second accused, Captain Yahya Darboe.
Lawyer Borry Touray, asked the police detective Sowe if he had watched TV on the confessionary statements made by some of the alleged coup plotters. Mr Sowe, replied in the positive.
When asked as to whether in his opinion such confessionary statements are not demoralising to The Gambia Armed Forces (GAF), Sowe replied in the negative. Lawyer Touray also asked if he (Sowe) knew Captain Yahya Darboe as a security officer before 22nd March, 2006.
Mr Sowe said no. Lawyer Touray further asked whether he was aware of the removal of some of the accused persons on the night of 22nd March 2006, at around 12:00 am from Mile 2 Central Prisons to the National Intelligence Agency (NIA) headquarters in Banjul and their later return to Mile 2 at 3:00 am the same night.
Sowe again said he was not aware of that.
Counsel Touray, put it to the police detective that, there was no independent witness present at the time of obtaining the statement from his client, Yahya Darboe. He added that the so called independent witness, Mr Tijan Bojang was called in to come and sign as an independent witness. But Detective Sowe maintained that there was an independent witness present.
The trial was then adjourned to Tuesday October 17th.
The Voir-Dire was called in accordance with section 166 of the Evidence Act to determine the voluntariness of the cautionary statements of Captain Yahya Darboe, Captain Wassa Camara and Alagie Nying. The Voir Dire, was also meant to determine the presence of an independent witness at the time that the alleged coup plotters made their statements, in connection with the 21st March, 2006 foiled coup plot led by Col Ndure Cham, Ex-Chief of Defence Staff of The Gambia Armed Forces (GAF).
The trial-within-trial arose during the cross examination of the state witness, Mr Abdoulie Sowe, First class 1580, of the Major Crime Unit of the Gambia Police Force, by Borry Touray, Counsel for the second accused, Captain Yahya Darboe.
Lawyer Borry Touray, asked the police detective Sowe if he had watched TV on the confessionary statements made by some of the alleged coup plotters. Mr Sowe, replied in the positive.
When asked as to whether in his opinion such confessionary statements are not demoralising to The Gambia Armed Forces (GAF), Sowe replied in the negative. Lawyer Touray also asked if he (Sowe) knew Captain Yahya Darboe as a security officer before 22nd March, 2006.
Mr Sowe said no. Lawyer Touray further asked whether he was aware of the removal of some of the accused persons on the night of 22nd March 2006, at around 12:00 am from Mile 2 Central Prisons to the National Intelligence Agency (NIA) headquarters in Banjul and their later return to Mile 2 at 3:00 am the same night.
Sowe again said he was not aware of that.
Counsel Touray, put it to the police detective that, there was no independent witness present at the time of obtaining the statement from his client, Yahya Darboe. He added that the so called independent witness, Mr Tijan Bojang was called in to come and sign as an independent witness. But Detective Sowe maintained that there was an independent witness present.
The trial was then adjourned to Tuesday October 17th.
Author: Written by Sanna Jawara & Lamin Njie
Source: The Daily Observer Newspaper
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