Justice Yeboah delivers ruling in the “voire dire”

Justice Avril Annin Yeboah, the presiding judge in the March 21st foiled coup involving four civilians, Tamsir Jasseh, Alieu Jobe, Omar Faal Keita and Demba Dem, last Friday delivered her ruling in the “voire dire” into the voluntariness of the cautionary statements obtained from the accused persons.

According to her, the confessional statements were written, signed and thumbprinted, noting that the Gambia Court of Appeal has emphasised that too.

Justice Yeboah added that the counsel for the fifth accused person (Lawyer Lamin Camara), has objected to admission of the cautionary statement while counsel for the 7th and 8th accused persons (Lawyer Lamin S. Jobarteh), has objected to all the cautionary statements obtained from the accused.

She further revealed that to prove beyond reasonable doubt, Lamin Cham and Tijan had testified in the case of the 5th accused while Babou Loum, an independent witness also testified in the case of the 7th and 8th accused persons respectively.

“The important aspect is the fact that the 5th accused wrote his own statement which was later signed by himself and the independent witness. The 7th accused independent witness was also cross-examined by his counsel”, she said.

Justice Yeboah noted that in addition to the accused complaining of having ice-cold water poured on them and undergoing other forms of torture, the 7th accused person denied ever meeting an independent witness.

The High Court Judge said the 7th accused, Omar Faal Keita said he could not recognise the signature and further revealed that the scars on his shoulder and legs were as a result of the torture he underwent.

She added that Omar Faal Keita alleged that he was slapped by a soldier when he refused to sign the cautionary statement.

“The scars on the 7th and 8th accused persons were attributed to duress and force meted out on them”, she said.

The High Court judge noted that the evidence could affect their credibility adding that the court may be suspicious but suspicion is not sufficient.

“In all the circumstances, the prosecution has proven beyond reasonable doubt that the statements were in writing. A report from the handwriting expert of the Gambia Police has satisfied the court”, she said.

The High Court judge noted that the 7th accused, Omar Faal Keita, had said that he is illiterate, a fact which was not denied by the prosecution.

At that juncture Justice Yeboah rejected page six of Tamsir Jasseh’s statements, while Omar Faal Keita’s statements were all rejected and not admitted in evidence.

The first page and back page of Demba Dem’s statements was also admitted in evidence while the other pages were not admitted in evidence.

Meanwhile, the video tape was also admitted in evidence.