Voir Dire in Alleged MFDC Rebels’ Trial

Banjul Magistrates’ Court presided over by Magistrate B.Y. Camara yesterday heard a trial within a trial in the ongoing case of the nine Senegalese nationals from the southern region of Casamance. The men, alleged to be rebels belonging to the MFDC movement in Casamance, have been standing trial on various charges.

The state prosecution earlier on attempted to tender the cautionary statements of the 1st accused, Sidat Jarju, and that of the 2nd accused, Ebrima Colley, but the accused persons objected to the tendering of their cautionary statements on the grounds that they were made to make the statement under duress.

Testifying on the mini trial, Lang Borry Sanneh, a security officer, told the court that he knew the 1st and 2nd accused persons. He adduced that in January this year “we received a classified information that some Senegalese people from the region of Casamance and were members of the MFDC were operating illegally in The Gambia. After receiving the said information a team was selected to investigate the matter.”

Further testifying, Officer Sanneh revealed that during the investigation they were able to apprehend the 2nd accused Ebrima Colley at Sinchu Alhagie. After effecting the arrest of the 2nd accused, he added, “we conducted a search at his house where some items were recovered before taking him to Willingara police station, and later to the NIA headquarters for questioning.” The security operative also informed the court that the 1st accused was also arrested on the same day at Willingara. Whereupon, he added, “we conducted a search at his house where some items were recovered before taking him to Willingara police station and later to the NIA for questioning.” He further stated that during the course of arresting the suspects, they were not beaten in any way.

Also testifying on the mini trial, detective Salifu Nyang said that he obtained the cautionary statements of the two accused persons in the presence of an independent witness called Tijan Bah. He said during the process of obtaining the suspects’ statements, they willingly and freely gave their statements without any force, beating or any form of torture on them.

Detective Nyang, further adduced that prior to obtaining their statements, the accused persons appeared before the panel on multiple but separate days. At the panel, he went on, they were questioned on where they came from, what they were doing in The Gambia, the purpose of the 3m CFA francs they received from the Senegalese government per month, 7, 790,000 CFA, 1000 euros, a Laptop, photo camera, cash book, two motor bikes, the sets of military camouflage and a bag of talisman. He said the accused persons answered some question but failed to answer others.

The case was at that point adjourned to 14th November 07 for continuation.