A trial within a trial otherwise called a Vore dire, was yesterday, November 8, 2007, conducted before Principal Magistrate BY Camara of the Banjul Magistrates’ Court in the ongoing case concerning terrorist activities involving 8 members of the MFDC rebels from Casamance in the Southern Region of Senegal.

The trial within a trial was conducted to determine how voluntary the cautionary statements obtained from Sidat Jarju and Ebrima Colley, 1st and 2nd accused persons respectively are.

An officer (name withheld) at the Gambia National Intelligence Agency (NIA) and Salifu Nyang, a CID officer attached to the Kairaba Police Station both testified before the court in determining the voluntary nature of the cautionary statements obtained from the two accused persons.  The NIA officer who first gave his evidence in chief informed the court that in January 2007, they received information on the illegal activities of Casamance rebels in The Gambia and continued that he was part of the investigating team on the issue.

He added that during the course of their investigations, Sidat Jarju, the 1st accused was arrested in Wellingara, while Ebrima Colley was arrested in Sunchu Alagie and taken to the Wellingara Police Station and then to the NIA headquarters for interrogation. According to him, none of them were beaten.

For his part, Salifu Nyang, the CID officer told the court that he was part of the panel of investigators on the case. Mr Nyang added that the 1st accused, Sidat Jarju appeared before the panel on 18th May 2007, and confessed to being a member of the MFDC rebel group and a native of Casamance.

According to the CID officer, the accused was asked many questions, but did not answer some of them, such as the monthly allowances the rebel group received from one Mr Hydara at the office of the President in Senegal, the 7,900,000 CFA (seven million and nine hundred thousand CFA), a Camera and motorcycle among other items found in his possession.

Nyang revealed that he was assigned by the panel of investigators to take a cautionary statement from the accused person in the presence of one Mr Tijan Bah who served as an independent witness. The accused confirmed his statement when it was read to him as true in a language he understood. According to Nyang, the statement was signed by both of them and he recorded the statement.

Officer Nyang added that the 1st accused appeared before the panel on several occasions mostly to clarify doubts on certain issues, but he was never beaten or harassed throughout the investigations.

The CID officer maintained that the same procedures were followed in the case of the second accused, Ebrima Colley who also confessed to being a member of the MFDC group in Casamance. He was asked many questions but did not answer some of them.

Emmanuel Fagbenle, Director of Public Prosecution (DPP), after cross examination by the two accused persons, applied for the court to admit the cautionary statements obtained from the accused persons.
The Presiding Magistrate granted the application and marked them as exhibits.