Gambiaj.com – (Banjul, The Gambia) – The High Court in Banjul has admitted both the voluntary and cautionary statements of Lamin Marenah, who is accused of raping a 15-year-old girl in Busumbala.

The ruling was delivered by Justice Jaiteh after considering arguments from both the prosecution and the defence. The first prosecution witness, police officer Hamat Sabally, testified that the accused gave his statements in a calm and proper environment, in the presence of an independent witness, and in a language he understands—Mandinka.

Officer Sabally also stated that Marenah confirmed the contents of his statements before signing them.

Defence lawyer C.U. Uduma did not challenge the voluntary statement but objected to the cautionary statement, claiming it was obtained under pressure. However, the prosecution countered this, arguing that the defense had failed to provide evidence to support the allegation of duress.

Justice Jaiteh ruled that a mere claim of duress was insufficient to exclude the statement or to warrant a trial within a trial.

“A mere claim of duress is not enough to exclude a statement or to hold a mini-trial. The defense must show facts to back the claim, but they did not,” he said.

The judge added that there was no indication that the accused’s rights had been violated when the statements were taken.

“There is nothing in the statement or how it was taken to show it was forced or unfair,” he said, noting that the law permits such statements if they are voluntarily given by a person of sound mind and are relevant to the case.

The statements admitted into evidence were dated August 17, 2023, and August 4, 2023. The case has been adjourned to June 17, 2025, for the second prosecution witness’s testimony in chief.