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Home : General : Gambia: Defense Wins First Victory in Court Martial

Gambia: Defense Wins First Victory in Court Martial

Dec 06,2006 by

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gambia The ongoing court martial on Saturday 1st December rejected the request to admit the cautionary statement of Private Alhagie Nying as exhibit, following a ruling delivered on the trial within trial.

In his ruling, Justice Agim stated that when the prosecution sought to tender the cautionary statement of the accused, Private Nying, the defense counsel raised an objection on the grounds that it was not obtained voluntarily. He said it thereupon became the duty of the prosecution to prove the "voluntariness" of the statement and in so doing led evidence in two witnesses, detective Abdoulie Sowe and the independent witness, Babou Loum.

Justice Agim added that the defense also led evidence with the only testimony of the accused Private Alhagie Nying to prove the contrary against the prosecution. He said the issue to be determined was whether the obtaining of the cautionary statement complied with the rule of procedure.

He said having carefully considered the evidence of both parties, the court had concluded that the cautionary statement does not comply with the rules of procedure before obtaining it. He concluded that in the light of the affirmation above, the cautionary statement of the accused, Private Alhagie Nying, is thereby rejected. The surprising ruling follows the same court's rejection of two other accused military officers' claim that they were subjected to torture in order to make their respective cautionary statements.


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