Durumakollon Murder Suspect Opens Defence

The Daily Observer (Banjul)

Sidiq Asemota

28 June 2011

analysis

Amadou Sey, a murder suspect, yesterday opened his defence in the ongoing murder trial before Justice Joseph Enwa Ikpala of the Special Criminal Court in Banjul.

The accused, Amadou Sey is alleged to have unlawfully caused the death of one Buba Touray by stabbing him with a broken bottle at Durumakollon in Brikama, West Coast Region on the 23rd of January 2011. Testifying before the court, the accused told the court that on the 22nd of January 2011, he visited his friend, one Ebrima Ndure who resides in the same neighbourhood with him.

The accused said whilst there he was informed by the said Ebrima Ndure that he was celebrating his child’s birthday. He said he then promised the said Ebrima Ndure that he would be attending the party in the evening. The accused adduced that before leaving the compound, he met Buba Touray (deceased) and asked him to pay his D50 he once gave to him but the said Buba Touray promised to pay him in the evening, when he came back.

The accused told the court that he left the party and returned in the evening, after greeting Ebrima Ndure who invited him, he went to sit under a mango tree where he met other invitees, including the deceased, Buba Touray. After exchanging pleasantries with everyone present, the accused said he asked Buba Touray the money (D50). The accused adduced that as soon as he asked the deceased about the money, the deceased shouted at him, saying that he had no money and began pouring insults on him.

The accused further adduced that as the deceased continued invecting insults on him, some of the invitees who were present informed him that the said Buba Touray had been drinking alcohol since 2:00pm in the afternoon. The accused revealed that as he noticed that the deceased was actually drunk, he left him and sat somewhere far from him. The accused further revealed that whilst he was sitting, he heard people shouting, but as he turned to look around, he saw Buba Touray with a bottle approaching him and before anything he, Buba, stabbed him twice on his face and further stabbed him on his biceps muscle of his left arm.

The accused disclosed that he then held him and pushed him but unfortunately the deceased fell and landed with his head on the ground. The accused adduced that the deceased got up and as he attempted to attack him again, people held him and took the bottle he was holding from him. At this point, defence counsel, M. Asemota applied for the accused person to show the court the part of the body the deceased allegedly stabbed him, which he did.

The accused disclosed that whilst he was sitting, he was bleeding profusely from the injuries inflicted on him by the deceased, and then proceeded to the Brikama Health Centre, where he was informed by the nurses that they could only attend to him after getting the police clearance. He subsequently went to Brikama Police Station, where he was given a police escort.

After being treated at the Health Centre he went back to the Police Station to lodge his complaint. After lodging his complaint, the accused informed he was accompanied by a police officer to the scene at Durumakollon where the said Buba Touray was arrested and brought to Brikama Police Station. The accused adduced that statements could not be obtained from the said Buba Touray because he was drunk and subconscious and they were both placed inside the cell.

On the 23rd of January 2011 at about midday, the accused told the court that the said Buba Touray started complaining of abdominal pain. The accused further told the court that the police officer on duty was informed, but he rebutted that if the said Buba Touray was left to go to the Health Centre, he would escape and that if he escaped, the police officers would be held responsible.

The accused explained that whilst inside the cell with about 25 inmates, the deceased was still complaining of his ill health, but as they called the police officer on duty for assistance, the officer replied that the deceased case was being handled by one police officer Alpha Badjie. The accused adduced that whilst inside the cell at about 4:00am on the 24th of January 2011 he was woken up by his fellow inmates, who informed him that Buba Touray had died.

The accused revealed that when he touched him, he observed that Buba Touray had died and thereafter inmates called the police informing them of the incident. The accused further revealed that the corpse of Buba Touray was eventually evacuated and hours later, he was called by Officer Commanding to his office, where he met eight police officers and they were instructed to accompany him to the scene.

The accused disclosed that at the scene the police conducted a search and picked some particles of broken bottle inside the grass and returned to the Brikama Police Station. The accused adduced that upon arrival, the OC and another senior police officer had a tête-à-tête and after the meeting, he was given a blank sheet of paper to sign or thumbprint. The accused told the court that he refused to either sign or thumb print the said blank paper but finally forced to thumb print the said blank paper.

He said he was eventually taken from Brikama Police Station to Banjulinding Police Station, where he was placed in a one-man cell till the following day, when he was taken back to Brikama Police Station. At Brikama Police Station, he was then given a written statement and introduced to a person the police called an independent witness and was asked to thumb print the said statement. He said he insisted that unless the content of the said document was read to him he would not sign or thumb print it.

The accused told the court that he was again taken to Banjulinding Police Station and placed in a one-man cell until the following morning, when police officers from the Brikama Police Station came and took him to RVTH in Banjul. At RVTH in Banjul, the accused told the court that after waiting for sometime, the police escort returned saying that the medical officer who was supposed to conduct the post mortem on the deceased was busy and he was subsequently taken to the Major Crime Office at the Police Headquarters in Banjul.

According to the accused, at the Police Headquarters, he narrated the incident, from what transpired at the birthday party, what transpired before the death incident at the cell and after, including his detention at Banjulinding Police Station. The accused disclosed that as the Major Crime Station officer called Brikama Police Station to ascertain the veracity of his claim that the deceased died inside the cell, the Brikama Police Station denied the claim. At the Major Crime Office in Banjul, he said his statement was obtained.

Hearing continues on the 13th of July 2011.

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