By Mariama Marong
The High Court in Banjul has ruled that a police officer gave false testimony under oath in the ongoing murder trial of Ebrahim Daffeh, casting doubt over the integrity of key prosecution evidence and prompting concern about misconduct within the police.
Justice Sidi Jobarteh, presiding over the matter, made the ruling on Tuesday, 22nd July 2025, during a voire dire — a mini trial within the trial — held to determine the admissibility of a cautionary statement allegedly made by the accused. Daffeh is facing a charge of murder for allegedly stabbing Alieu Ceesay to death in June 2024 in Tujereng, Kembo South District, West Coast Region.
The prosecution, led by State Counsel H. Drammeh, sought to tender the cautionary statement through its first witness, Sub-Inspector Modou Badjie. In his testimony, Officer Badjie told the court that the statement was obtained voluntarily in the presence of an independent witness, and that Daffeh was neither coerced nor mistreated during the process.
However, defence counsel T. Jallow objected, arguing that the statement was obtained through force while the accused was handcuffed and held in a dark cell. The court ordered a mini trial to investigate the circumstances.
During the voire dire, the independent witness, Saikou Sarr, directly contradicted the police officer’s version of events. Sarr testified that Daffeh was in a dark, enclosed space and was visibly handcuffed at the time the statement was recorded. He further told the court that the accused was pressured to speak and did not appear to be giving the statement voluntarily.
“Mr. Daffeh was handcuffed and in an unsuitable condition to make any statement,” Sarr told the court, adding that he was present as an independent witness but was uncomfortable with how the process was handled.
Despite Sub-Inspector Badjie maintaining that no force was used, Justice Jobarteh rejected his testimony and ruled that the police officer had misled the court.
“This court finds the testimony of the independent witness, Mr. Saikou Sarr, to be credible and based on facts,” the judge said. “It is clear that the accused was handcuffed, held in a dark cell, and coerced into giving a statement. The police officer, Sub-Inspector Modou Badjie, lied to this court under oath.”
Justice Jobarteh emphasized the importance of integrity and truthfulness in the justice process, particularly from law enforcement officers who are expected to uphold the law.
“Police officers must be honest in their testimonies,” she said. “Falsehoods undermine public confidence in the justice system.”
The judge ruled that the cautionary statement was inadmissible, noting that it had been obtained in violation of the accused’s rights.
Ebrahim Daffeh, who remains on trial for murder, is accused of stabbing Alieu Ceesay with a knife, an act that prosecutors say resulted in the victim’s death. The charge is brought under Section 187 of the Criminal Code of The Gambia and carries a potential sentence of life imprisonment or death if convicted.
The trial continues as the prosecution considers its next steps following the rejection of one of its key pieces of evidence.
