Back and Next - Back and NextCourt Martial Delivers Ruling on Capt. Wassa Camara’s Statement
Monday, November 20, 2006
The general court martial last Friday delivered ruling on Capt. Wassa Camara’s cautionary statement on the trial within trial at the Yundum Military Barracks.
In delivering his ruling, Justice Agim stated that on the trial within trial, the legal duty lies on the prosecution to prove the voluntariness of the cautionary statement of an accused person.
He said to prove their case the prosecution led three witnesses from whom the court heard evidence and have found same to be consistent as they have corroborated one another. He said the court believed the prosecution witnesses to be credible and consistent.
Justice Agim stated that the purpose of the trial within a trial is to test the voluntariness of the confessional statement made by an accused person. He said the prosecution has in that regard proven their case beyond all reasonable doubt.
He further stated that the burden of proof shifted to the defense to prove that the cautionary statement was obtained under duress. He added that to prove their claim of torture led four witnesses, and also tendered a prisons sick diary to sustain their claim.
He said that however the testimony of the defense witnesses have conflicted with one another and therefore the court did not believe their version of the stories. He said none of the witnesses exactly told the court the health condition of the accused, Capt. Wassa Camara, and when he received medical treatment. He said the court could not act on mere speculation.
He added that when the accused person’s wife gave evidence in court, she informed the court that when she visited her husband at the Mile II Central Prisons, the husband only told her that he was suffering from pain on his chest, back and sides, but never mentioned any wounds on her husband nor was any medical document produced by the defense before the court.
He inferred that in the light of the above reason, the court admitted the cautionary statement of Capt. Wassa Camara made on the 22nd, 24th and 28th March 2006, as exhibits in court because they are all made voluntarily.
In delivering his ruling, Justice Agim stated that on the trial within trial, the legal duty lies on the prosecution to prove the voluntariness of the cautionary statement of an accused person.
He said to prove their case the prosecution led three witnesses from whom the court heard evidence and have found same to be consistent as they have corroborated one another. He said the court believed the prosecution witnesses to be credible and consistent.
Justice Agim stated that the purpose of the trial within a trial is to test the voluntariness of the confessional statement made by an accused person. He said the prosecution has in that regard proven their case beyond all reasonable doubt.
He further stated that the burden of proof shifted to the defense to prove that the cautionary statement was obtained under duress. He added that to prove their claim of torture led four witnesses, and also tendered a prisons sick diary to sustain their claim.
He said that however the testimony of the defense witnesses have conflicted with one another and therefore the court did not believe their version of the stories. He said none of the witnesses exactly told the court the health condition of the accused, Capt. Wassa Camara, and when he received medical treatment. He said the court could not act on mere speculation.
He added that when the accused person’s wife gave evidence in court, she informed the court that when she visited her husband at the Mile II Central Prisons, the husband only told her that he was suffering from pain on his chest, back and sides, but never mentioned any wounds on her husband nor was any medical document produced by the defense before the court.
He inferred that in the light of the above reason, the court admitted the cautionary statement of Capt. Wassa Camara made on the 22nd, 24th and 28th March 2006, as exhibits in court because they are all made voluntarily.
Author: By Modou Sanyang & Sarata J. Dibba
Source: The Point
See Also - See Also