Arona Tine in court
By Landing Ceesay
Ebrima Janneh, a cameraman, testified in court that Arona Tine, the accused, shouted that his life had been “ruined” upon learning from the police that Fatoumatta Kargbo had been pronounced dead.
Arona Tine faces a murder charge filed by the Gambia Police Force (GPF) under Section 187 of the Criminal Code, with penalties stipulated in Section 188 of the same code.
The State alleges that on January 19, 2024, Tine fatally stabbed Fatoumatta Kargbo, an employee at HM Bureau Exchange in Westfield, Kanifing Municipality, with a knife.
The trial has moved to a voir dire (trial within a trial) following Tine’s claim that his statement was obtained by the police under hostile and coercive conditions, including threats.
During this voir dire, Ebrima Janneh, testifying as the second prosecution witness (PW2), recounted Tine’s reaction upon hearing of Kargbo’s death.
“After recording Arona Tine’s statement, the police removed a shirt from a plastic bag and showed it to him (Arona Tine) for identification, and the Police asked Jim whether he recognised it. The accused person responded and said yes, he recognised the shirt. The Police asked him whether he was aware that the owner of the shirt had died.
“The accused (Arona Tine) said in Wolof “Oh my mother, I have killed someone’s child.
“When he said that, he shouted that his life was ruined and his kids were too young. He said his child is just 10 years old. This is what the accused (Arona Tine) said in my presence,” Mr. Janneh told the court.
Mr. Janneh informed the court that he has worked as a cameraman for 24 years, operating near Isha Marie Cinema, close to the Serekunda Police Station.
When asked if he recognised Arona Tine, Mr. Janneh confirmed that he did, adding that he recognised him in the CID office at the Serekunda Police Station.
“I was called by someone who said a Police Officer asked him to come and call me to the station, but I cannot remember the Police Officer. I went to answer, and I was told by a CID Officer that they wanted to take someone’s statement,” Mr. Janneh testified.
Mr. Janneh told the court that at that time, he did not know the Officer, but he later came to know him as Mr. Bah.
“What happened in your presence when you were at the CID Office?,” State Counsel Fatoumatta Drammeh asked. “I sat for a while. Then I saw them bring in someone; they told me they wanted to take the person’s statement in my presence as they wanted me to serve as an Independent Witness,” Mr Janneh responded.
He testified that the person who was brought in at the CID Office was Arona Tine. “Whilst I was sitting on the right-hand side, Arona Tine was brought in and sat on the left-hand side. When he sat, I asked him in Wolof if he was OK, and he said yes. He was seated freely and was not forced in my presence nor threatened to say anything while his statement was being taken,” the witness told the court.
“In what language was the officer communicating with Arona Tine while he was taking his statement?,” Counsel Drammeh asked.
“It was in the Wolof language,” the witness told the court.
“What happened after the officer recorded the statement from Arona Tine?,” Counsel Drammeh asked. “When the Police obtained the statement from Arona Tine, he thumb-printed it, and I also signed it,” the witness responded.
When asked whether he would recognise the statement if shown to him, the witness responded affirmatively.
When asked if he would recognise the statement if shown, the witness confirmed that he would.
The statement of Arona Tine, obtained by the police, was then presented to the witness for identification. The witness confirmed it was indeed the statement he had observed being taken from the accused by the police.
Regarding the officer who took Arona Tine’s statement, the witness told the court that he could not recall the officer’s name but believed it was one of the officers with the surname Bah.
“The name on the statement as the recorder is Landing Jallow. Does this sound familiar to you?” Counsel Drammeh asked.
“Yes, I know Landing Jallow,” the witness responded.
“Aside from the officer recording the accused person’s (Arona Tine) statement, what else transpired there?” Counsel Drammeh asked again. “When they recorded the statement, while I was sitting there, the accused person (Arona Tine) was escorted. I forgot to say something; after recording Arona Tine’s statement, the police removed a shirt from a plastic bag and showed it to him (Arona Tine) for identification, and the Police asked him whether he recognised it. The accused person responded and said yes, he recognised the shirt.
“The Police asked him whether he was aware that the owner of the shirt had died. The accused (Arona Tine) said in Wolof “Oh my mother, I have killed someone’s child.
“When he said that, he shouted that his life was ruined and his kids were too young. He said his child is just 10 years old. This is what the accused (Arona Tine) said in my presence,” Mr. Janneh told the court.
Counsel Drammeh then inquired about the location from which Arona Tine was escorted from the CID Office.
Before the witness could respond, Samuel Ade, the Defense Counsel representing Arona Tine in the trial, objected to the question.
“My lord, that is a leading question, the witness never said whether the accused was taken anywhere. The question is leading, so I am objecting to the question,” Counsel Ade submitted.
Hon. Justice Ebrima Jaiteh, the presiding judge, confirmed that the witness had indeed stated that the accused was escorted out of the CID office and instructed the witness to answer the question.
The witness confirmed that the accused was taken out of the CID office, but was unsure of where he was taken.
During cross-examination, the witness admitted that he was unaware of the legal consequences of lying under oath in court.
“Do you understand the meaning of taking oath in this honourable court?” Counsel Ade asked.
“Of course, I know the Quran. I am a Muslim,” the witness told the court.
“Do you know that according to the law, if you falsify evidence before this court, you will be arrested and sent to Mile 2 Central Prison immediately,” Counsel Ade asked.
“No, I don’t know,” the witness responded. “I am putting it to you that the moment this court finds that you are falsifying evidence, you will be taken to mile 2 Central Prison immediately,” Counsel Ade put it to the witness.
“I will not say anything which is not true after taking an oath,” the witness responded.
The case was adjourned to the 25th of November 2024 for the continuation of cross-examination.