17 July 2017

Gambia: In Alleged Rape Case - Witness Admits Accused Denied Exhibit C

A fifth prosecution witness in an alleged rape case admitted before Justice Mathias O. Agboola at the High Court in Banjul that Pa Omar Keita had denied accepting the words in his voluntary statement after being obtained from him at the police station.

Under cross-examination by Defence Counsel D.P. Candia from the National Agency for Legal Aid, Alasana B. Mbaye, a police officer attached at the Brikama Police Station admitted that Mr. Keita denied the allegation in voluntary statement -Exhibit C, but said in the cautionary statement, Exhibit B, Mr. Keita said he had a scuffle with his father on the day of the incident.

Mr. Mbaye told the court that he was at Bundung on the day of the incident when his station officer assigned him to obtained cautionary and voluntary statements from Mr. Keita.

He said he recorded Mr. Keita's cautionary statement first and translated it to him in Mandinka language.

He added that Mr. Keita thumb printed the statement and then he wrote his name and appended his signature on it as the recording officer.

Mr. Mbaye identified the cautionary statement when it was shown to him by State Counsel E. Dougean and it was admitted in evidence and marked as Exhibit B.

He revealed that when he was obtaining the voluntary statement from Mr. Keita, the charges were read to him in Mandinka and he thumb printed it while he Mr. Mbaye signed it as the recording officer. It was also admitted in evidence and marked as Exhibit C.

When asked if he was aware of any investigation into the case, Mr. Mbaye said he was only instructed to obtain the statements from Mr. Keita and he did not know any of the officers who investigated the case.

The case is adjourned 20th July, 2017 for testimony of second defence witness.

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