High Court Admits Ex-IGP Badjie’s Controversial Cautionary Statement in Drug Trial

The Daily Observer (Banjul)

Sidiq Asemota

30 June 2011

Justice Emmanuel Amadi of the High Court in Banjul, Tuesday, 28th of June 2011 admitted the controversial cautionary statement obtained from the former Inspector General of Police (IGP), Ensa Badjie on the 7th of March 2010, as prosecution Exhibit ‘P8’.

The admission of the said document brought an end to the eleven months mini trial precipitated by the defence, who objected to the admissibility of the document, when the prosecution had earlier sought to tender the said document as an exhibit, through the fourth prosecution witness, Mballow K. Jobe. The presiding judge disclosed that the court agreed entirely with the prosecution’s submissions that the burden lies on the accused (defence) to prove the allegation of torture, which must be evidential.

Justice Amadi pointed out that in the instance case, there was evidence to prove that the 1st accused, Ensa Badjie was subjected to torture before obtaining the said cautionary statement, dated 7th of March 2010 for him. The presiding judge disclosed that the independent witness, Baboucarr Khan, who also served as the PW2 in the voire dire (mini trial) is a truthful witness. The presiding judge further disclosed that having gone through the said cautionary statement, there was nothing in the said statement to convince the court that the document was signed on different dates.

Meanwhile, after the court ruling, PW4, Mballow K. Jobe concluded his testimony, adding that he also obtained a voluntary statement from Ensa Badjie. Responding to questions posed to him by defence counsel, B.S. Touray, the witness told the court that the panel of investigators were given terms of reference. When asked whether there was any confrontation between Ensa Badjie and any other person, the witness replied in the affirmative, that Ensa Badjie had confrontation with Sillaba Samateh. The witness disclosed that during the confrontation with Sillaba Samateh, all the panel members were present, including the head of the panel.

The matter was however adjourned to Friday, the 1st of July 2011 for continuation of cross-examination by Lawyer B.S. Touray of the fourth prosecution witness.

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