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Published On: Tue, Jan 30th, 2024

Counsel Darboe Alleges Ousainou Was Drugged/Beaten At Anti-Crime Unit 

In the ongoing murder trial of Ousainou and Amie Bojang, Counsel Darboe lawyer for the first accused alleged that Ousainou Bojang was drugged and beaten by personnel of the anti-crime unit before his statement was obtained.

The court proceedings resumed yesterday after a short break before Justice Jaiteh at the High Court, where the state witness Detective Ebou Sowe of the anti-crime unit continued his testimony.

The witness, was questioned by the DPP A.M Yusuf, who asked him about how the voluntary statements were obtained from the accused on the 15th of September 2023 to which he stated that each count was recorded in the presence of an independent witness, with the accused being reminded of his rights not to incriminate himself as the statements were translated to him.

He was questioned about the whereabouts of these statements that were taken on the 13th, 14th and 15th September 2023 and if he could recognize them, the witness said the statements were all part of the files sent to the AG’s Chambers as he would be able to recognize them through his initials, and writing.

After the verifications of the statements obtained, the prosecution applied for them to be tendered as exhibits but defense counsel Darboe, raised objections. Counsel J. Darboe contended that the statements were not voluntarily obtained and alleged that the accused Ousainou Bojang had been drugged and beaten into giving those statements.

Counsel J. Darboe further argued that the 1st accused (Ousainou Bojang) had been drugged and beaten by the police officers before the statements were taken. the second defense also objected to the tendering of the statement on the grounds that there was no independent witness when the accused’s statements were being taken as there was no signature of the independent witness.

Counsel, J. Darboe highlighted that due to the lack of an independent witness the statement dated the 15th September 2023 is not in compliance with the law as per section 31 subsection 2 of the evidence act. 

In response to whether the accused was drugged and beaten a Voir Dire was proposed to the court by the prosecution i.e. a mini trial within a trial to determine if the accusation is true or not.

After arguments from both sides, Justice Jaiteh marked the cautionary statement dated the 13th September 2023 into the evidence box as exhibit P1, while the admissibility of the documents dated the 14th and 15th September 2023 will be determined in the mini-trial. The main trial was then suspended for the opening of the mini trial (Voir Dire).

Case is adjourned to today 30th January 2024 at 2:15 for the commencement of the mini trial.

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