By Mariama Marong
Ebrahim Daffeh, standing trial for the murder of Alieu Ceesay, a native of Banyaka who died in Tujereng, has rejected the confession statement attributed to him by the police. The case, before Justice Sidi Jobarteh at the Banjul High Court, has become a battleground over the admissibility of statements allegedly made by the accused during police interrogation.
On a previous hearing date, the court ruled against the prosecution’s cautionary statement after hearing testimony from an independent witness that supported the defense’s claim of coercion. The independent witness confirmed that the accused was handcuffed and held in a dark cell during the time the cautionary statement was taken. Based on this, the court rejected the cautionary statement as inadmissible, dealing a significant blow to the prosecution’s case.
The current focus of the trial is on the voluntary statement purportedly given by Ebrahim Daffeh. Police Sub-Inspector Modou Badjie, who took the statement, testified that the accused was informed of the charges and legal procedures before signing the document. However, the defense lawyer, Tamsir Jallow, strongly contested this, arguing that the circumstances of the voluntary statement’s taking mirrored those of the cautionary statement, including the presence of the same independent witness and the accused being handcuffed.
Counsel Jallow claimed that the voluntary statement was made under duress, stating, “My client was forced to give a statement while handcuffed in a dark cell, where only his face was visible.” The defense has requested a voir dire, or mini-trial, to determine whether the voluntary statement should be admitted as evidence.
Sub-Inspector Badjie defended his actions, saying the accused was aggressive and confessed to stabbing Alieu Ceesay with a knife, prompting the use of handcuffs for safety. He maintained that the statement was voluntary and that all proper procedures were followed.
The defense further challenged Badjie’s credibility by referencing a prior court ruling that found the officer had given false testimony. Despite this, Badjie insisted he did not intend to mislead the court.
As the mini-trial continues, the High Court must decide whether the voluntary statement will be accepted or rejected. The outcome of this decision could have major implications for the murder trial of Ebrahim Daffeh, who faces charges under Section 187 of the Gambian Criminal Code for allegedly stabbing Alieu Ceesay, resulting in his death.
The case has been adjourned until October 9, 2025, when the court will resume the mini-trial on the validity of the voluntary statement.
