The High Court presided by Justice Jaiteh has ruled that the cautionary and voluntary statements made by the accused (Arona Tine) to the police are admissible as evidence.
Presiding Judge Hon. Justice Ebrima Jaiteh delivered the ruling following a voir dire, a trial within a trial that was conducted to determine the voluntariness of the statements. Arona Tine’s defence counsel contended the cautionary and voluntary statements weren’t obtained voluntarily as the accused (Arona Tine) was to give the statements.
The accused, Arona Tine, is facing trial for the alleged fatal stabbing of Fatoumatta Kargbo, a staff member at HM Bureau de Change in Westfield, on January 19, 2024. The charge he denied.
During the trial, Defence Counsel S. Ade objected to the admissibility of the two statements (Voluntary Statement, initially Exhibit V1, and Cautionary Statement, initially Exhibit V2), both dated January 22, 2024.
The defence contended that the statements were involuntary, alleging that Arona Tine was threatened and intimidated by police officers and that no independent witness was present during the recording process to ensure fairness.
To settle the dispute, the court called some prosecution witnesses, including the recording officer, Landing Jallow, and an independent witness, Ebrima Janneh, to determine the voluntariness of the statements.
In his ruling, Justice Jaiteh stated that the court is satisfied that the prosecution has discharged its burden of proof by establishing voluntariness beyond a reasonable doubt. Justice Jaiteh noted that the statements were obtained in accordance with Section 31 of the Evidence Act and the Judges’ Rules, and that there was “no evidence to indicate that the accused was threatened, forced, or coerced”.
“The corroboration provided by the independent witness further reinforces the reliability and voluntariness of the accused’s statements,” Justice Jaiteh noted.
Accordingly, the court overruled the objection raised by the defence. The two contested statements have been admitted into the court record as evidence for the substantive trial
Exhibit P8 representing the Voluntary Statement of the Accused, dated 22nd January 2024 (formerly Exhibit V1) and Exhibit P9 representing the Cautionary Statement of the Accused, dated 22nd January 2024 (formerly Exhibit V2).
The admission of the statements has now pushed for the accused to defend the charges against him in the main trial to determine the allegation of murder.
