At Court Martial, Defense, Prosecution, Build up Argument
Friday 27th October 2006
By Modou Sanyang
The defense and the prosecution yesterday developed their arguments on the trial within a trial of the cautionary statement of Capt. Yaya Darboe, as treason trial continued at court martial in Yundum Barracks.
In his submission, lawyer Borry Touray, counsel for Capt. Yaya Darboe, submitted that in a trial within a trial the burden of proof rested on the prosecution to prove the voluntariness of the statement sought to be tendered. He said the degree of proof should be beyond all reasonable doubt. He added that where a doubt manifest on the record of proceedings it should be settled in favour of the accused.
Further submitting, lawyer Borry Touray stated that the prosecution witnesses are unreliable because they contradicted each other. He argued that the defense was able to prove before the court that the cautionary statement of Capt. Yaya Darboe was obtained under severe torture, by tendering a medical report to sustain the claim. He said the prosecution has woefully failed to prove beyond all reasonable doubt and urged the court to reject the confessional statement of Capt. Yaya Darboe.
The acting Director of Public Prosecution (DPP), Emmanuel Fagbenle, in his response submitted that the law required that when obtaining a confessional statement, there must be an independent witness, adding that in the case of Capt. Yaya Darboe, there was an independent witness present. He said during the process of obtaining the statement, there was no force, torture or any form of intimidation on the accused.
He added that the accused, Capt. Yaya Darboe, wrote his own statement which manifests that there was no force or torture on him and that, in addition, a police officer obtained his statement.
The Acting DPP further submitted that the medical report dated 21st April 2006 does not affect the voluntariness of the statement which was obtained on the 23rd March 2006. He urged the court to admit the statement of the accused, Capt Yaya Darboe, arguing that it was obtained on the accused person’s own free will.
Hearing continues today.