The trial of the nine alleged MFDC rebels resumed yesterday at the Banjul Magistrates’ Court before Magistrate B.Y. Camara. The hearing was the scheduled ruling on the trial within trial necessitated by the need to determine the voluntariness of the cautionary statements of the 1st and 2nd accused persons, Sidat Jarju and Ebrima Colley respectively.

In his ruling, Magistrate Camara stated that the purpose of the mini trial was to establish whether the cautionary statement was obtained voluntarily, noting that the main burden to prove that the statement was in fact made voluntarily rests with the prosecution.

The magistrate further ruled that the court would not admit the cautionary statements unless the prosecution proved to the court that the statements were in fact made voluntarily. To that end, he said, the prosecution called three witnesses who all testified that the accused persons gave their statements freely and willingly. He further adduced that the accused persons also advanced claims of threats and force during the interrogation.

He stated that during the cross-examination by the prosecution, the evidence revealed that there was no threat or force used on the suspects during the interrogation. He said the court had weighed the evidence given by the prosecution witnesses and those of the accused persons, and their addresses, adding that the court concluded that the prosecution had proved their case beyond all reasonable doubt.

The court finally admitted the cautionary statements of the accused persons in court as exhibits. Hearing continues today.