Fatoumatta Kargbo and her alleged killer Arona Tine
The murder trial of Arona Tine took a significant turn as the court began a voir dire (mini-trial) to assess the voluntariness of the accused’s cautionary and voluntary statements. Arona Tine has claimed that the statements in question were not made freely, prompting the prosecution to call witnesses to establish their admissibility in the main trial.
Tine stands accused of fatally stabbing Fatoumatta Kargbo, a young woman, at HM Bureau de Change in Westfield. The incident resulted in Kargbo’s untimely death. Tine, however, has denied the charge.
To counter Tine’s claims, the prosecution presented Ebrima Janneh, an independent witness who was present during the recording of the statements at the Serrekunda Police Station. Janneh, a cameraman, testified that Tine’s statements were made voluntarily
“He was not forced in my presence, nor was he threatened to say anything while his statement was being taken,” Janneh told the court.
The witness further explained that he was invited by a CID officer at the Serrekunda Police Station to serve as an independent observer during the process.
He testified that upon arrival at the Serrekunda Police Station, he was told by a CID Officer that they wanted to take someone’s statement in his presence.
“I sat for a while, then I saw them bring in someone; he told me they wanted to take the person’s statement in my presence as they wanted me to serve as an independent witness,” he said.
“While sitting inside on the right-hand side, Arona was brought in, and he sat on the left-hand side. When he sat, the officer asked him in Wolof if he was ok, and he said yes. He was seated freely, and while speaking, his statements were written without being forced.
Following his testimony, defense lawyer Samuel Ade began cross-examining the witness in an effort to persuade the court that the accused’s statements were not made voluntarily.
Ade first asked the witness if he could recall his phone number. The witness responded affirmatively, stating that his number was 7740xxx. When further questioned about whether he had another phone number, the witness maintained that he only had one.
“You told the court you are a photographer. How many years have you been a photographer?” Samuel Ade asked.
“Yes, I have been a photographer for 25 years.” the witness answered.
“Do you have another profession?” Samuel Ade asked.
“Yes, I’m a Justice of the Peace (JP).” witness Janneh answered.
“Are you appointed by any authority?” Samuel Ade asked.
“No, my boss is appointed, and I help him.” witness Janneh answered.
“You told the court that a CID called you on the day of the incident?” Samuel Ade asked
“Yes, I was at my workplace, and a CID called.” witness Janneh replied.
“Where is your workplace?” Samuel Ade inquired.
“It is in Serekunda.” witness Janneh replied.
“The Serrekunda police station is near the Serekunda market?” Samuel Ade asked
“Yes, it’s located at the market.” witness Janneh replied.
“Is it true that hundreds of people pass through the gate of the police station?” Samuel Ade inquired.
“Yes.” witness Janneh replied
“Is it also true that the police called you because they knew you and also you’re a friend to the police, and they also called for an independent witness?” Samuel Ade asserted.
“Yes, they knew me, but I’m not a friend to them.” witness Janneh replied
“Did they know that you worked for Justice for Peace?” Samuel Ade asked.
“No, they don’t know that.” witness Janneh answered
“Mr. Janneh, is it correct that the CID who called you is different from the one who took your statement?” Samuel Ade asked.
“Yes, Landing Jarju took my statement.” witness Janneh answered
“Did you give a statement?” Samuel Ade asked.
“No, I didn’t give a statement; rather, I witnessed the statements being taken.” witness Janneh explained.
“How many people were present while the statements were obtained?” Samuel Ade inquired.
“I didn’t count, but they are more than five (5) people.” witness Janneh answered
“What did you notice on the body of the accused?” Samuel Ade inquired.
“I noticed an injury on his neck.” witness Janneh answered
“Who were the people in the room when the statement was obtained?” Samuel Ade asked.
“Landing Jarju, myself, and others.” witness Janneh answered
“Was his lawyer present?” Samuel Ade asked.
“I wouldn’t know because I don’t know his lawyer.” witness Janneh explained.
“I am putting it to you that you can’t confirm the lawyer’s presence because the accused person’s lawyer wasn’t there.” Samuel Ade asserted.
“I don’t know who his lawyer is.” witness Janneh replied
“What did the CID first tell the accused before obtaining his statement?”
“He brought the deceased’s shirt and asked if he recognized it. The accused responded positively. The CID then told him that the person was dead. The accused said in his local language that he killed someone and that his life was destroyed and had a little girl.” witness Janneh explained.
“Did the accused write his statement?” Samuel Ade asked.
“No, Landing Jarju wrote it. The accused was speaking while Landing was writing.” witness Janneh replied.
“Why didn’t the accused write his statement?” Samuel Ade asked.
“I don’t know, but he was speaking while CID Landing was writing.” witness Janneh replied.
“Which statement did you sign first?” Samuel Ade asked.
“I signed the statements of the accused as an independent witness.” witness Janneh confirmed.
“Did you sign the cautionary statement?” Samuel Ade inquired.
“Yes, I signed it.” witness Janneh answered.
The defence lawyer then requested the cautionary statement and asked the witness whose signature and number were on it. The witness confirmed that his signature and number are on the cautionary statement.
“I am putting it to you that you signed the cautionary statement and not the accused’s and you lied to the court by saying the accused signed it.” Samuel Ade asserted.
“I signed the cautionary statement as an independent witness.” witness Janneh replied.
“My lord, I have no further questions for the witness.” Samuel Ade
The case is adjourned to February 17, 2025, for the cross-examination of PW3 and PW4 in the mini-trial.