By Kemeseng Sanneh (Kexx)
A prosecution witness on Tuesday told a High Court in Banjul that Arona Tine, who is charged with the murder of a staff of a Bureau de Change, confessed to him that he stabbed himself because he thought the victim was dead.
Arona Tine, a Senegalese national is charged with the murder of one Fatoumata Kargbo, a staff of Hm Bureau Exchange de Change in Westfied.
Counsel Drammeh continued to lead Landing Jallow (PW 6), a CID officer from Serekunda West station, in his evidence in chief.
Questioned by Counsel Drammeh about the interaction with the accused after recovering the dress from the crime scene, Officer Jallow testified that he was informed that the accused was being admitted to the Ndemban Clinic. He said he proceeded to the clinic. Upon arrival, he met some PIU officers at the clinic and introduced himself as an officer from Serekunda West station that was at the clinic to see the accused person. He added he was allowed to enter the clinic and he found the accused lying down.
He said upon introducing himself as Officer Jallow from Serekunda West station and he was there to have information about him (the defendant), he said the defendant identified himself as Arona Tine from Wulinkama and said he is a Senegalese and an electrician.
He said he engaged in a conversation with the accused about what happened, but before the accused (Tine) answered his question, he (the accused) asked him about the deceased and whether she was alive. He said based on the situation he found the accused, he didn’t tell him that the deceased was dead.
He testified that when he asked the accused (Tine) why he stabbed himself. The accused expressed concerns about the deceased and revealed stabbing himself, because he thought the deceased was dead.
He added that the accused told him that he left his bag with money at the Bureau de Change. He said the accused told him that his bag was containing 110,000 and wanted to transfer 100,000 CFA to Senegal. Officer Jallow said he suspended the questioning because of the condition he found the accused, but informed him that the bag was in his possession, adding he told him that the amount he was talking about was not in the bag.
CID Jallow further testified that his interaction with the accused resumed when he was discharged from hospital, adding he and the accused later interacted at the Serekunda West Station with Divisional Crime Officer D.C.O Sonko , and an independent witness Ebrima Janneh (a JP officer) present. He said they communicated in Wollof language.
Officer Jallow testified obtaining a statement from the accused, but said he first introduced himself as Detective Sergeant Landing Jallow. He added he told the accused he was going to record his statement about what happened. He said he read the cautionary wording to him and interpreted it in the Wollof.
He added he obtained a cautionary statement from the accused, where the accused narrated the events. The statement was then read back to the accused for confirmation and he thumb printed.
Counsel F. Drammeh asked the witness whether he would recognize the statement if shown to him, and he replied positively that he would recognize it through his handwriting, phone number and signature.
Counsel F. Drammeh handed over the statement to the witness for identification and the witness confirmed the statement as the one he obtained from the accused.
Defense Lawyer O. Susso objected to the prosecution’s application to tender the statements of the defendant, citing concerns about the voluntariness of the statements due to alleged threats and intimidation meted out to his client.
Lawyer O. Susso contended that the information gathered from the accused is that he was threatened and intimidated by Landing Jallow (PW6) and his colleagues to make the statements without an independent witness.
Lawyer O. Susso sought a voir dire (mini-trial) to establish the statement’s voluntariness, which was granted by Justice Jaiteh.
In the voir dire the witness CID Landing Jallow took an oath to speak the truth. In his testimony, he introduced himself as Sergeant Landing Jallow, a resident of Latrikunda Sabiji, and said he has been a police officer for 13 years.
In his testimony, he stated that he recognized the accused person and recalled that after the accused was discharged, he was detained at the Serekunda West station. He said after the accused was removed from the cell he was incarcerated, he informed him of his intention to obtain his statement.
Jallow testified that his interaction with the accused took place around midday, with the presence of his DCO Sonko, Chief Inspector Elizabeth Silver, CIP Marenah, Corporal Faye, and an independent witness (Ebrima Janneh).
Jallow further testified that he introduced himself to the accused, read cautionary wording to him, and interpreted it in the Wollof language. When asked if he had said anything beyond the cautionary wording to prompt the accused to give the recorded statement, Jallow replied that he simply discussed the events that occurred.
Regarding the room and seating arrangement during the statement procedure, Jallow described it as being in the CID officer’s minimum-size room, equipped with four tables. He sat at the far right corner facing the accused, with Elizabeth Silver seated next to him while the statement was obtained.
Jallow expressed confidence in recognizing the statement if shown to him, based on his handwriting, number, and signature. Counsel F. Drammeh then presented the statements to the witness for identification, which the witness confirmed as the statements obtained from the accused.
The case was adjourned to the 7th of October for the cross-examination by Lawyer O. Susso in the voir dire.
