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Gambia: Former NAM Alleges Rced Confession

Demba Dem, ex-parliamentarian for Niani constituency, currently charged with treason, following the March 2006 foiled coup d'etat on Wednesday, May 23, told the High Court that he was forced and beaten to make statements at the National Intelligence Agency (NIA).

Dem is testifying in a voir dire (a trial within a trial) to test the voluntariness of his statements and those of three other co-accused persons; Tamsir Jasseh- a former Director General of Immigration and ex-Deputy Inspector General of Police, Alieu Jobe - former Accountant General and Omar Faal Keita- a Marabout.

Dem said that he was picked up at the National Assembly Chamber by three plain clothes officers and driven to the State Central Prison, Mile Two where a prison officer removed his watch and shoes, took his wallet and allocate him a cell at the Maximum Security Wing.

He testified that his arrest occurred on March, 29, 2006, without being told why he was in custody, stressing that he was not told why he was being taken to the NIA headquarters too.

Upon arrival at the NIA, the politician said, he met one Lieutenant Musa Jammeh who ordered some soldiers to escort him to the conference room where he met a twenty-five member panel among whom he recognised one Momodou Hydara of the NIA, Foday Barry and Baba Saho.

He said that he was asked by Hydara whether he knows anything about the foiled coup. He said he answered that he knew nothing about the said coup. Dem narrated that he told Hydara that he was in Jarra Soma attending a workshop at the Jenoi Farmers' Training Centre but Hydara insisted and asked him whether he spoke to any soldier at anytime.

"I said no. I did not speak to any soldier." At that time Momodou Hdyara stood up and said I am the greatest liar he has ever known and I am hiding. He said I will speak or else he would give me soldiers who would deal with me," Dem told the court.

Dem said he told Hdyara that if he knew anything he would reveal it but there is nothing he knew about an alleged coup.

He added that he was told that the panel was going for a break and at six o'clock they would deal with him. Dem said after the break Hdyara told him he would never talk to him again and then he would bring people who would talk to him.

Narrating further, Dem said that Hydara then ordered soldiers to return him to Mile Two around 6pm and by midnight, six soldiers handcuffed, bundled him up and drove him to the NIA Headquarters again. Among those soldiers he said are Michael Correa, Sana Manjang, Pa Malick Jatta, Ismaila Jammeh and two others he could not recall. The former National Assembly Member said he was still handcuffed at the NIA where he was taken to a dark corner, forced to kneel down on the ground and a bucket of water poured on him.

Dem alleged that four soldiers began beating him with pipes, sticks, guns and knives, resulting to wounds on both his right and left leg. He added that his shoulder was cut with a knife when he refused to sign the statement, adding that they threatened to cut his hand if he refused to obey their command.

He went on to say that his shirt was also torn by the soldiers, but managed to wear it on.

The scars on Dem's body were examined by the Judge, Justice Avril Anin-Yeboah, the prosecutor, Emmanuel Fagbenle and defence counsel, Lamin Jobarteh at the Judge's Chamber. The shirt which he claimed was torn by the soldiers was tendered and admitted as an exhibit.

Dem told the court that he was taken back to Mile Two around half past two in the morning while he was still handcuffed. On March 30 2006, he said that he was driven to the NIA again around eleven forty-five in the morning, while he was handcuffed and taken before the panel and asked to say what he knew about the coup.

He said that Hydara told him he would speak or else they would beat him like yesterday.

Dem added that he told them they would kill him but there is nothing he can say, since he does not know anything about it.

He adduced that a soldier told him since he wanted to die, let him follow him to a small room.

In that room he said he met one Lamin Cham, a Detective Police, who told him they are taking his statements and asked him whether he could write.

"I told him I have nothing to write." He said the officer escorting me at the time slapped him. Cham himself then wrote the statement on his own," he said.

He denied knowing or seeing Babou Loum who is alleged to have been an independent witness during the investigation emphasizing that it was only three of them, Cham, his escort and himself who were present. He agreed that one of the exhibits (a statement) bears his signature but he did not know it's content because he was forced to sign it inorder to save his life.

He was shown copies of other statements but denied signing any of them.

Before receiving his charge sheet, he said he was already under detention for three months.

However, defence lawyer Lamin Jobarteh applied that he would want the statements of the accused person to be studied by a handwriting expert but this was objected to by the prosecutor Emmanuel Fagbenle.

Subsequently, the objection was overruled by justice Yeboah who ruled that an expert in hand writing shall look into the statements and report to the court before May 30 for continuation of hearing.