PW5 Testifies In The Coup Plotters Trial
The fifth Prosecution Witness (PW5), Sanusi Darboe & assistant superintendent of police on Wednesday commenced his testimony in the alleged coup plotters trial at the High Court.
Lawyer A.M. Yusuf O. Cham represented the State while Lawyer K. Jallow C. Mendy represented the 1st & 5th Accused person, Lawyer C. Mendy represented the 2nd Accused person, Lawyer L. L Darboe represented the 3rd Accused person and Lawyer A.S. Kah represented the 4th Accused person.
His testimony bordered on what he knew about what his investigations shows, (PW5) narrates
”I recognize all of the accused person, the 1st accused Sanna Fadera, I recognize him at the state intelligence office, where I was a member of the Joint investigative team, I had an interaction with him. This was an investigation team assigned to investigate the alleged Coup Plotters.
“The 2nd accused Girbril Darboe; I also interacted with him as a member of the joint investigation, the same thing with the 3rd accused Ebrima Sannoh, similarly with the 4th accused Omar Njie, finally the 5th accused Fabakary Jawara, I knew him as a colleague and also interacted as a member of the Joint team at the SIS panel.
“For the 1st accused I started to obtain him cautionary statement after a joined interrogation of the panel. Did the same with the 3rd and 5th accused as I was tasked to obtain their statements.
After the joint interrogation I took him to a secret office where we were speaking in English language and informed him that am about to write his statement.
I also administered the voluntary statement from him, in which case he was cautioned and charged on 3 counts in which he denied all, he then signed and all statements were endorsed by an independent witness.
“Ebrima Sannoh (3rd accused) after interrogation I also took him to a separate office where he was informed that I was about to write his statement. Speaking in English language, I read the cautionary wordings to him and filled in his personal details and he signed.
“FaBakary Jawara’s (5th accused) his statement was recorded at the police anti crime unit, after his aearance before the joint investigation team at the SIS office, at the police anti crime unit.
I informed him that i was about to write him his cautionary statement.
Speaking in English language I read the cautionary wordings to him, he opted to write his own statement, he filled in his personal details and wrote my name as the person who administered it to him, he signed and went further to write his statement voluntarily without been forced, he signed and it was endorsed by and an independent witness. “
After the witnesses testimony L.S Camara (Lawyer of the 1st & 5th accused) objected to the circumstances in such the 5th accused statement was taken.
“My Lord we are objecting to both statements, both the statements of the 5th accused person, are not admissible with regards to the circumstances it was taken. My Lord both statements appear to be confessions to some extent and the Evidence Act has clearly states that any statements that is a confession certain guidelines must be followed. My Lord with the permission of the court I refer this court to section 31 subsection 2 of the Evidence Act.
“A confession shall not be admissible, the language of the Evidence Act is categorically clear as to how the statement should be obtained. It is on this basis My Lord these documents are not complied with section 31 subsection 2.
“Finally we submit that this statement is not admissible under section 32, 33 of the Evidence Act, because there was not no independent witness available at the moment.” L S Camara told the court.
The Four (4) Soldiers and one (1) Police Officer are accused of an attempted alleged Coup and been charged with 5 counts including treason.
The People charged are; Lance Corporal Sanna Fadera (1st accused) Private Officer, Gibril Darboe (2nd accused) Corporal Ebrima Sannoh (3rd accused), and Corporal Omar Njie (4th accused), Fa
