Objection by two of the nine MFDC rebels to the admissibility of their cautionary statements as exhibits was overruled yesterday by the Presiding Principal Magistrate BY Camara of the Banjul Magistrates’ Court.
Sidat Jarju and Ebrima Colley, who are the 1st and 2nd accused persons, had prompted a voire dire (trial within trial) in the anti-terrorism trial, that saw the court threading into establishing the voluntariness of the statements obtained from the accused.

Delivering his ruling on the evidence advanced before the court, Principal Magistrate Camara recalled that the prosecution called in three witnesses, comprising an NIA officer, Salifu Nyang, a CID officer at the Kairaba Police Station, and one Tijan Bah, who were cross examined by the two accused persons.

The magistrate told the court that the accused persons did not call in any witness to support their evidence, maintaining that testimonies by the accused are not sufficient to substantiate the allegations. “It is a principle in law that he who asserts must prove. The court cannot rely on what is not presented before it by the two accused persons”, he said.

The principal magistrate reminded the court that the purpose of the voire dire is meant to prove the voluntariness of statements made by an accused person.
“It is used to determine as to whether any form of violence, threat, inhuman, or oppressive force was used to obtain cautionary statement from the accused,” he said.

Principal Magistrate Camara emphasised that the prosecution has a duty to prove that no oppressive force, inducement or other threats were plotted in obtaining cautionary statement. “DPP (Director of Public Prosecution) Emmanuel Fagbenle, assisted by Marley Wood, has proved his case against the two accused persons. The cautionary statements of the 1st and 2nd accused, Sidat Jarju and Ebrima Colley are therefore, admitted and marked as exhibits P3 and P4,” he said.

Proceedings in the main trial resume today at the court in earnest.