High Court Judge Cautions Police Officer Over Torture Allegation

FOROYAA Newspaper (Serrekunda)

Abubacarr Saidykhan

23 May 2011

Justice Emmanuel Amadi of the Banjul High Court on Tuesday, 17th May 2011, cautioned Bakary Darboe, a police officer that testified as the ninth prosecution witness in a criminal case involving two former military officials and three civilians that are charged with conspiracy to rob and robbery.

The trial judge cautioned the prosecution witness as he was being crossed examined on allegations of torture leveled against the Police by two of the defendants; namely Amadou Bailo Camara and Mankamany Sanneh.

Justice Amadi intervened when Mankamany Sanneh told the witness that he was subjected to severe torture at the serious crime unit of the Police Headquarters in Banjul. The accused told the witness that he was tortured before his cautionary statement was obtained at the Police Headquarters.

The trial judge said the police officers should be very careful in handling such matters because there are certain criminal cases involving security officers where allegations of torture are raised.

Under cross examination by the first accused person, Amadou Bailo Camara, the ninth prosecution witness Bakary Darboe said he was present when the first three accused persons were picked up from the Kairaba Police Station and taken to the Major Crime Unit in Banjul. He said he was the station officer when the statements of the accused persons were taken at the Serious Crime Unit.

The prosecution witness noted that he was in the office on that faithful day, adding one Corporal Seedy Njie, Sergeant Demba Saidy, Sergeant Dodou Sanneh and Lamin Dampha were all present. “Since you were present, what happened at the Major Crime Unit?” The accused asked. The witness replied by saying that three of the accused persons were confronted with the complainant after which their statements were recorded. The witness continued to say that he did not know what happened. The accused further told the witness that he is lying to the court; that he and his co-accused were seriously tortured at the Police.

At this juncture, Justice Emmanuel Amadi cautioned the police officer in the witness box to be careful about such allegations since there are criminal cases going on in courts which involved security officials accused of torture. The witness said they recovered 700 Euros from the accused persons during the interrogations; indicating that he cannot actually remember the officer who recorded the statement of the first accused person. “I put it to you that you have not said the truth to this court since you cannot know whether we were beaten and as to who recorded my statement.” said the accused. The witness said, “I have said the truth and nothing but the truth.”

Before he start his cross examination of the witness, Mankamany Sanneh, the second accused person, asked the court to explain the evidence given by the witness in the previous proceedings since he has difficulty understanding English Language. This, he said, will enable him to know what exactly he should ask the prosecution witness. Justice Amadi did not waste any time in reading the full evidence for the second accused persons in English which was interpreted by the court’s interpreter.

During the cross examination by the second accused, the witness said they have a big office where they interrogate suspects. He said he has never given the instructions for the accused persons to be beaten; adding that he was not aware that Mamadou Lamin Ceesay gave instructions for them (the accused) to be beaten. The witness said he cannot remember who recorded the statements of the second accused persons; adding that he was not aware of any attack on the accused persons by one Modou Ceesay (a police officer) with a gun. The witness said there was one independent witness during the recording of the statements of the accused persons, noting, “I will only trust you if you should say that you were given birth by a woman, but without that you are only saying lies to this court.” The accused told the witness who replied that he was saying the truth.

The witness said the name of the independent witness is one Alfusainey Saho; adding that he cannot remember if the junior officer who earlier testified in the case said it was one Lamin Darboe. The prosecution witness said he has been in the service for 20 years and two months, noting that he is an inspector. The second accused said he does not know of the said money the witness talked about in court. The witness replied by saying that that is a lie.

Counsel Borry Touray Cross- Examines Police Officer

Touray- Did you make any statement regarding this case?

Darboe- No.

Touray- Who is the investigating officer?

Darboe- I cannot remember.

Touray- How much in all was recovered from the accused persons?

Darboe- 700 Euros was brought to my office.

Touray- You said there was one independent witness in this matter?

Darboe- Yes.

Touray- Tell the court the name of the independent witness in Exhibit P5?

Darboe- Basiru Drammeh of Banjul and it is the statement of Sergeant Bala Musa Saidy, accused number 4.

Touray – What is the name of the independent witness in Exhibit P1?

Darboe- Momodou Bailo Camara.

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