Gambiaj.com – (BANJUL, The Gambia) – Justice Ebrima Jaiteh of the High Court of The Gambia has ruled in favor of the prosecution in the ongoing criminal trial of The State vs. Modou Badjie and Ebrima Camara, admitting the cautionary and voluntary statements of the 1st Accused, Modou Badjie, into evidence.

Modou Badjie and Ebrima Camara stand accused of robbery with violence. The duo allegedly robbed someone on or around August 19, 2021, in Tallinding Farokono (Kanifing Municipality) and threatened a man named Bakary Sabally with a knife and a bottle. They then stole his two mobile phones and D15,000 in cash.

The ruling came after defense counsel E.Z. Bendou objected to the admissibility of the statements—Exhibit VD1 (voluntary statement dated August 31, 2021) and Exhibit VD2 (cautionary statement dated August 26, 2021)—arguing that they were obtained under duress and, therefore, involuntary.

To resolve the dispute, the court conducted a voire dire (mini-trial), during which the prosecution presented two witnesses: Police Officer Mamadi Touray, who recorded the statements, and Alagie Ousman Dukureh, an independent witness present during the process. The 1st accused, Modou Badjie, testified on his own behalf.

Delivering his ruling, Justice Jaiteh underscored the requirements of Section 31(2) of The Gambia’s Evidence Act 1994, which mandates that confessions made in police custody must be in writing and in the presence of an independent witness to be admissible.

He further referenced the Judges’ Rules (Gambia), stressing that rules 4 to 9 must be substantially complied with to ensure that any statement made to the police is voluntary.

The court determined that the prosecution had followed proper legal procedures in obtaining the statements. Justice Jaiteh noted that Badjie was properly cautioned in Wolof, and the presence of an independent witness was confirmed by both prosecution witnesses. He also found that the statements contained necessary details, including the date, time, place, and thumbprint of the accused, with no indications of coercion.

On this basis, the court ruled that the prosecution had proven beyond reasonable doubt that the statements were voluntarily made and should be admitted into evidence.

The trial has been adjourned to May 12th at 11:30 a.m. for further proceedings.