Gambiaj.com – (BANJUL, The Gambia) – The High Court in Banjul has ruled that two statements allegedly made by accused person Arona Tine were obtained voluntarily and will therefore be admitted as evidence in his ongoing criminal trial. Mr. Tine stands accused of fatally stabbing Fatoumatta Kargbo at HM Bureau de Change in Westfield, resulting in her tragic death.
Justice Ebrima Jaiteh delivered the ruling on Monday following a voir dire, a mini-trial conducted to determine whether the accused’s statements were given freely or under coercion.
The prosecution, led by F. Drammeh, sought to tender both a voluntary and a cautionary statement recorded on 22 January 2024. However, defence counsel S. Ade objected, arguing that Tine’s statements were taken under duress shortly after his discharge from the hospital and without the presence of an independent witness.
Detective Landing Jallow, the investigating officer, testified that the accused was properly cautioned in Wolof, informed of his rights, and made his statements in the presence of an independent witness. He denied any form of threat or intimidation during the process.
The supposed independent witness, Ebrima Janneh, a cameraman, confirmed that he was present throughout the recording and that Tine appeared calm and cooperative.
During cross-examination, however, Janneh admitted that the signature and phone number written in the space reserved for the accused on the cautionary statement were his, an irregularity the defense argued undermined the entire process.
Two other officers, Omar Sonko, Divisional Crime Officer at Serekunda, and Detective Elizabeth Sylva, corroborated Jallow’s account, maintaining that the statements were made without pressure or threats.
Tine, on the other hand, told the court that he was recovering from throat surgery when the police forced him to make the statements. He alleged that his medication was confiscated, his hands were swollen from tight handcuffs, and he was threatened with being returned to the cell if he refused to cooperate.
In his ruling, Justice Jaiteh said the law places the burden on the prosecution to prove beyond reasonable doubt that a statement was made voluntarily. After reviewing all the testimonies, he found that the state had met that burden.
The judge acknowledged the procedural irregularity regarding the independent witness’s signature but held that it did not materially affect the fairness or reliability of the process. “What matters,” he said, “is substantial compliance with the requirements of fairness and procedure.”
He therefore admitted both the voluntary and cautionary statements into evidence, noting that while the accused’s medical condition required care, there was no credible evidence of threats or inducement.
With the voir dire concluded, the High Court will now proceed with the substantive trial, as both the prosecution and defense prepare to present further evidence in the case.
