As High Court Rules on Accused Persons’ Evidence

Justice Anin-Yeboah, the presiding judge in the ongoing treason trial involving four civilians, last Friday ruled on the mini trial of the cautionary statements of Tamsir Jasseh, Omar Faal (Keita) and Demba Dem.

Delivering her ruling, Justice Anin-Yeboah stated that when the prosecution attempted to tender the cautionary statements of the 5th, 7th and 8th accused persons, the defense counsels objected on the supposed ground that the statements were obtained under duress. She added that by reason of the defense counsels’ objection, the court ordered a mini trial to determine the voluntariness of the statements. She stated that it became the duty of the prosecution to prove that the cautionary statements were obtained voluntarily.

She explained that to prove that the cautionary statements were made voluntarily the prosecution called witnesses in the persons of the police officer who obtained the statements and the independent witness.

Justice Anin-Yeboah further stated that after the prosecution closed its case, the defense opened theirs to prove that the statements were made under severe duress. She averred that after reviewing the evidence of both the prosecution and the defense teams, the court found that the statement of the 7th accused, Omar Faal (Keita), did not comply with rules of obtaining statement from an illiterate suspect, adding that his statement was therefore rejected by the court.

With regard to Tamsir Jasseh, the 5th accused person, she said that only page six of the statement was not admissible while the rest of the pages were admitted in court and tendered as exhibit.

On Demba Dem’s (the 8th accused person) evidence, she said only the front and back pages of the statement were admitted in court and tendered as exhibit, the rest rejected.

In a related development, the video cassette recovered from GRTS during the course of the investigation, was also admitted in court and tendered as exhibit.

Hearing continues on 4th July 2007 at the High Court in Banjul.