In the ongoing treason trial of the March 21 foiled coup attempt, Lamin Camara, counsel for the first accused, Captain Bunja Darboe, in a voir dire (trial within a trial) Court in Yundum Barracks, has said that evidence of the prosecution witness, Sgt Boto Keita, and the independent witness Babou Loum, are inconsistent and unreliable.
In his submission at the court yesterday, counsel Camara said the two prosecution witnesses did not leave up to the expectation of the court. According to him, the honour to prove the voluntariness of the undated statements (TWTI) lies squarely on the prosecution who failed to leave up to that for the reason that, the presecution witnesses were so inconsistent, unreliable and contradictary that the court should not believe them.
Counsel Camara also submitted that Sergeant Boto Keita said that he knew the independent witness, Babou Loum since 2004, and that he leaves in Barra. “On the other hand, Babou Loum said he met Sergeant Boto Keita for the first time at the NIA when he went there as an independent witness,” he said. Counsel Camara further explained that Sgt Boto Keita admitted that, the accused, Captain Bunja Darboe, requested for a lawyer and to see his wife, but the prosecution witness, (PW2) Babou Loum, said he was not aware of that even though he was there. “They have not proven the voluntariness of the undated statement (TWTI) beyond reasonable doubt taking into consideration the severe duress that he was denied his constitutional right to contact his lawyer, before he could do anything,” he added.
In his reply, the Director of Public Prosecution, Emmanuel Fangbele, said the evidence before the court is consistent and is worth believing. He also replied that the accused admitted that he did not have any quarrels with any of the investigators. DPP Fangbele also added that the accused, Captain Bunja Darboe said he did not include anything new in TWTI on the 22 June 2006.
The matter contiunes for ruling and hearing today.