Witness Testifies in the Multi-Billion Dollar Cocaine Trial

FOROYAA Newspaper (Serrekunda)

Abdou Aziz Saho

17 June 2011

The multi-billion dollar cocaine trial, on Tuesday, 15 June, resumed before Magistrate Taiwo Alagbe, of the Banjul Magistrates’ Court, with the prosecution calling in their 13th witness in the case. Sheriffo Kujabi, who identified himself as a Narcotic officer attached to the Serrekunda NDEA office, gave his testimony in chief as PW3. The Director of Public Prosecutions (DPP) examined the 13th prosecution witness.

DPP: Look at the accused persons, do you know them?

Kujabi: Yes, I do.

DPP: Which of them?

Kujabi: The 2nd, 5th and 8th accused persons.

DPP: Now did anything transpired between you and them?

Kujabi: Yes.

DPP: What transpired?

Kujabi: On the 14 May, 2010, I was ordered to obtain cautionary and voluntary statements from the 8th accused.

DPP: How many statements?

Kujabi: One cautionary statement and three voluntary statements.

DPP: How did you take the statements?

Kujabi: When I was ordered, I cautioned him. I jotted down all his particulars and read the cautionary wordings to him in English in the presence of an independent witness, Pa Malick Joof.

DPP: You said you read the cautionary statement in English?

Kujabi: Yes and the accused understood very well.

DPP: How did he understand?

Kujabi: After his cautionary statement was taken, he thumb printed and the independent witness signed and I recorded it. I later read it to him in English, which he understood very well. This was in the presence of an independent witness and the accused thumb printed.

DDP: Would you recognise the cautionary statement when shown to you?

Kujabi: Yes.

DPP: How?

Kujabi: Through my own handwriting.

The said cautionary statement was at the juncture shown to the witness and he admitted that that was the cautionary statement he had taken from the 8th accused Emphariam Michael Chiduben. The cautionary statement was admitted by the court and marked as exhibit Y13.

DPP: You said you obtained three voluntary statements from the 8th accused. Explain how?

Kujabi: I took out a voluntary statement form. The particulars of the accused were jotted down, and the cautionary wordings were read to him that, “that you need not say anything, except if you wish and that anything you say will be used in evidence against you”. And the charge sheet was read to him and he understood, thumbprinted and the independent witness signed.

DDP: Now, did you do the same procedure in obtaining the rest?

Kujabi: Yes.

DPP: In the presence of the same independent witness:

Kujaib: Yes.

DPP: Now if you are shown the voluntary statements would you recognise them?

Kujaib: Yes.

When the cautionary and three voluntary statements said to have been taken from the 2nd accused person were shown to him he said they are the ones he took from the 2nd accused person.

At this juncture, the documents were taken and scrutinized by the counsel of the accused, Lawyer Lamin S. Camara, who later remarked “My lord we are not objecting to the voluntary but to the cautionary statement. The cautionary statement is inadmissible for reasons of duress. According to my instructions, the 5th accused person was subjected to severe torture in order to obtain these statements by security agents.”

Lawyer Camara further submitted that because section 33 of the Evidence Act was transgressed, he urged the court to conduct a ‘Voire dire’ into the matter.

The DPP, in response, urged the court to overrule the defense’s objection, arguing that the requirements of section 33 of the Evidence Act have not been fulfilled.

The objection by L.S Camara was subsequently overruled by Magistrate Taiwo, stating the defense counsel could not prove duress in his cross-examination and refused the application of a ‘voire dire’. The cautionary statement and three voluntary statements were admitted as exhibits Y17, Y18 Y19 and Y20, respectively.

The case was adjourned till 16 June for cross-examination of PW13.

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