A voire dire (trial within trial) has erupted in the criminal trial involving Christopher Badjie, an escaped prisoner with multiple names.

Badjie was alleged to have escaped from a US prison and is currently being tried in Banjul on 22 counts, impersonation and forgery, at the Banjul Magistrates Court.

The voire dire is conducted to determine the voluntariness of the cautionary statements obtained from the accused person.

Yesterday’s sitting saw evidences from three independent witnesses, comprising Tijan Bah, a retired civil servant, Babucarr Khan, a carpenter and a personnel (name withheld) of the National Intelligence Agency (NIA).

In his evidence before principal magistrate BY Camara, Tijan Bah informed the court that he came to know the accused person on 5th March, 2008, after an officer (name withheld) asked him to serve as an independent witness in the process of obtaining a cautionary statement from the accused. Mr Bah said he was introduced to the accused, who later in his presence consented to the statement obtained from him as true, after it was already read to him. He said the accused signed the statement, which was countersigned by himself and an officer.

Also giving his evidence at the court, Babucarr Khan, a carpenter, said he was introduced to the accused person at the NIA Headquarters on 10 April, 2008, after he was invited to serve as an independent witness in obtaining a cautionary statement from the accused. Mr khan said the accused refused to answer questions posed to him by an officer, who was recording his cautionary statement, and he vowed that he will not answer a question until he appears before the court.

In evidence, an NIA officer told the court that he recorded three cautionary statements from the accused; the first was obtained on 5th March, 2008, the second on 10th April, 2008, and the 3rd on 10th April, 2008.

Responding to questions in a cross examination by the defence counsel, Antouman Gaye, Tijan Bah said he was picked up at a ghetto along Independence Drive, Banjul. Bah insisted that he was present at the time of obtaining cautionary statement from the accused.

Also under cross examination, Babucarr Khan confessed that he cannot read the English text of the cautionary statement, understands English when spoken.

The NIA officer confirmed before the court that the wife of the accused person had a heart attack when she was in custody, but her condition normalised after she was rushed to the RVTH for treatment.

The presiding magistrate adjourned the case to May 20 and May 21 for continuation. Emmanuel Fagbenle, the director of Public Prosecution, represented the state in the trial.