Defence Lawyer Cross-examines British Detective

In the ongoing murder case involving Kate Atori-West, the alleged murderer of Mr. William West, the defense counsel Lawyer Lamin Camara yesterday quizzed a British Detective Inspector, the 9th prosecution witness, at the Brikama High Court before Justice Monageng.

The Detective Inspector, Paul Phelps, from Sussex, England, had on the previous day tendered photographs, letters and statements supposedly obtained from Kate Atori West and translated into French. The defense counsel objected to the tendering of the photographs on the grounds that they had no negatives. But Justice Sanji Monageng overruled and said that the exhibits be accepted since they are digital.

In his cross-examination, Lawyer Camara put it to Mr Phelps that he once said that he had given the letters written in French and English to David Jenkins. Mr Phelps concurred and identified the letters before the court but said he included those written in French and the photograph of the late Mr. West obtained from the accused. Inspector Phelps then identified the report concerning the purported disappearance of the late Mr West, allegedly submitted at the Sussex police by the accused. The witness also identified a Bank statement.
Lawyer Lamin Camara then asked Inspector Phelps if he had conducted the investigation in The Gambia. He replied in the affirmative, noting that he prepared the report for their Magistrate Colonel but not for The Gambia police. Lawyer Camara further asked whether Detective Inspector had written anywhere that the accused was responsible for the disappearance of her husband and the Detective Inspector responded in the negative.

The Detective Inspector in his evidence-in-chief said the accused person gave her the statement at Hastings, adding that it was typed and given to her to sign. He then identified the statement and said it was typed by PC Bowen and signed by Kate.

Lawyer Camara put it to Inspector Phelps that there was nothing in the exhibit to show any connection to the accused. But Inspector Phelps said that it was not the original.
Lawyer Camara further asked Detective Inspector Phelps if he spoke French and whether he understood the contents. In reply Inspector Phelps said: “I wrote the English letter and know its contents. I hired a French expert to translate it into French and it was done under oath.” He further said that his knowledge was based on the statement in English version. But Lawyer Camara said it was not indicated on the statement “Certified true copy,” with which the Inspector concurred. The Inspector could not remember the dates of most of the exhibits tendered.

Inspector Phelps adduced that he was informed of the arrest of the accused for the alleged disappearance of Mr. West. Asked whether he was not surprised to see the accused and three others on trial, the Detective Inspector said: “I don’t know. It is not my investigation.”

The Inspector further described where the incident took place and disclosed that he had also been to the mortuary to see the body of the late Mr West but recollected that it was beyond recognition. He said it weighed about 11 stone, noting that he did not know whether the diseased was heavier than the accused. He said he was not informed about the four suspects.

The case was adjourned to 14th December 2007 for continuation at the Banjul High Courts. Mrs. Woods represented the state.