MFDC rebels’objection turned down

Tuesday, January 22, 2008
Principal Magistrate BY Camara of the Banjul Magistrates Court, on Thursday, rejected the objection made by two of the nine MFDC rebels, following a voir dire (mini trial) .

The mini trial was conducted to determine how voluntary the cautionary statements obtained from Nuha Jammeh and Abdou Salam Jammeh were.

Nuha Jammeh and Abdou Salam Jammeh are the 3rd and 8th accused persons among the nine MFDC rebels currently undergoing trial in The Gambia.

The principal magistrate reminded the accused persons of the reason for conducting the mini trial. He also told the court that the prosecutor had called in two witnesses who gave evidence regarding the case, adding that the witnesses were also cross-examined by the two accused persons.

On the other hand, the magistrate said, the accused persons were also given the chance to give an account of how they were forced to give statements to the court and to call in witnesses to corroborate their allegation of torture.

According to Magistrate Camara, the accused persons did not call in any witnesses to support their allegations. He added that they had failed to convince the court that they were forced or threatened when cautionary statements were being obtained from them.

“He who asserts must prove,” said Magistrate Camara.

The court, the magistrate also said, found the evidence of the prosecution witnesses undisputable.

Magistrate Camara ruled that the prosecution has proved their case beyond reasonable doubt that the cautionary statements of Nuha and Abdou Salam Jammeh were giving voluntarily without any force or threat.

He therefore tendered and marked the cautionary statements of both accused as exhibits P5 and P6.

The main trial of the nine MFDC rebels is expected to continue on 22 January 2008 at the Banjul Magistrates’ court.

Author: by Sanna Jawara & Buya Jammeh