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Justice Agim delivers ruling on “voir dire”
Monday, October 30, 2006
Justice Agim on Friday 27th October 2006, delivered his ruling in the “voir dire” (trial-within-a-trial) involving Captain Yaya Darboe’s confessional and cautionary statement at the Yundum military barracks.
In his ruling, Justice Agim said he has carefully considered the evidence given by both parties and that the evidence given by the second accused person, Captain Yaya Darboe and that of the fourth accused person, 2nd Lieutenant Pharing Sanyang are contradictory. He said the allegations of torture and duress meted out to the 2nd and 4th accused were not proven beyond reasonable doubts. Justice Agim further ruled that the evidence given by Mariama Bah, the wife of Captain Darboe, that she first met her husband at the High Court and during her cross examination, that she first met her husband at Mile Two are contradictory. Furthermore, Justice Agim ruled that Mariama Bah, the second accused’s wife said when she saw her husband, it was the right eye that was paining but later said that it was the left eye of her husband which was paining. “She contradicted herself”, Justice Agim said. The court martial judge, Justice Agim said despite the fact that the medical doctor was invited by the defence to come and give evidence in court, the lenses were never shown to her, in spite of her claims that she treated the 2nd accused person’s eyes on the 21st April 2006. He said no reason was given by the defence to that effect. On the 4th accused person, 2nd Lt. Pharing Sanyang, Justice Agim stated that the claims made by him that he was stabbed with a bayonet and the head hit with a pistol was not proven by any medical reports. On the independent witness, Justice Agim said, “It is not surprising for Lamin Cham, a detective of The Gambia Police Force to have access to Tijan Bojang’s number for the simple reason that they both come from the same village, Sukuta. I do believe that the evidence of Abdoulie Sowe, a police officer of the Major Crime Unit of The Gambia Police Force and Tijan Bojang, the independent witness are factual. Sitting continues on Thursday November 2nd, 2006. Author: Written by Lamin Njie
Source: The Daily Observer Newspaper
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