The director of Public Prosecution on Wednesday addressed the Banjul Magistrates Court in an on-going MFDC rebels trial which is currently on a round of voire dire (trial within a trial) to determine the voluntariness of the cautionary statements obtained from Nuha Jammeh and Abdou Salam Jammeh, third and eighth accused persons.
Emmanuel Fagbenle’s submission, which followed the testimony of the 8th accused persons who was under cross-examination, presided over by Principal Magistrate BY Camara
According to the Fagbenle, the prosecution called in two witnesses, Amadou Sanyang, a police officer and Tijan Bah, an independent witness at the time the accused’s statements were recorded.
He told the court that the evidence of the witnesses confirmed that there was no threat or force used to obtain the cautionary statements from the duo. He urged the court to disregard the evidence by the accused persons, saying that their allegations were “highly” inconsistent, adding that it did not show that force or threat was used to obtained the cautionary statements.
He urged the court to admit the cautionary statements, maintaining that the prosecution had proved its case beyond reasonable doubt as required under Section 33 and 31(2) of the Evidence Act.
However, Nuha Jammeh and Abdou Salam Jammeh who reply to the DPP’s address insisted that their statements were taken without their consents. At this juncture, the magistrate adjourned the case to January 9 for ruling on the voire dire.