Arona Tine
By Landing Ceesay
Arona Tine, a defendant in the Westfield murder trial, has accused members of the Gambia Police Force of intimidation and coercion to extract a statement from him.
Tine is charged with murder under Section 187 of The Criminal Code. The prosecution claims that on January 19, 2024, in Westfield, Kanifing Municipality, Tine fatally stabbed Fatoumatta Kargbo.
Detective Sergeant Landing Jallow from the Criminal Investigation Department (CID) at Serekunda West Police Station provided evidence of recovered items and detailed his interactions with Tine, including obtaining voluntary and cautionary statements.
Sergeant Jallow testified that he visited Ndemban Clinic, where Tine was being treated, to speak with him. He described the encounter, noting that he introduced himself and spoke to Tine about the incident. Jallow reported that Tine, initially unaware of Kargbo’s death due to his condition, asked about her status.
“I was told by the PIU Officers that he (Arona Tine) was at the Ndemban Clinic. I went to the Ndemban Clinic to meet him. On my arrival, I found PIU Officers at the gate. I introduced myself, saying that I am a Police Officer from Serekunda West Police Station and that I am here to see the accused person (Arona Tine) and have some interactions with him. I was allowed to enter.
“I found the accused lying. I introduced myself to him, saying that I am Officer Jallow, and I am here to have information about yourself and what happened at the Bureau, and he said okay. He told me his name, that he is Arona Tine from Wulinkama, a Senegalese national and an electrician by profession. I asked him to share with me what happened. Before answering my question, he asked me about the deceased (Fatoumatta Kargbo) and whether she was alive. Based on his critical condition, I didn’t want to tell him that she died; then I told him that the deceased was alive,” Sergeant Jallow told the court.
Sergeant Jallow testified that he questioned Arona Tine about the reason he had stabbed himself. According to Sergeant Jallow, Arona Tine explained, “I stabbed myself because I thought she (Fatoumatta Kargbo) was dead.”
Sergeant Jallow also reported that Arona Tine described a cross bag he had and mentioned that he had left it in the bureau. Sergeant Jallow confirmed to the court that this was the same cross bag previously presented and accepted as evidence in earlier hearings.
“During that interaction, what did the accused person (Arona Tine) tell you what transpired between him and the deceased (Fatoumatta Kargbo)?” Counsel Drammeh asked.
“He (Arona Tine) briefly told me that he had money in the cross bag, about one Hundred and Ten thousand Dalasis (D110,000.00) and that he went there to send money to Senegal through Wave. He (Arona Tine) told me that he wanted to send One Hundred Thousand CFA (100,000.00 CFA) to a friend who is in Senegal.
“Based on his condition, I couldn’t continue with him, so I had to suspend the interrogation. Before leaving the hospital, I made it clear to him that I had seen the bag that he was claiming to have money in. I told him that there was no money in that bag,” Sergeant Jallow testified.
Sergeant Jallow informed the court that he resumed questioning the accused, Arona Tine, after Tine was discharged from a hospital in Banjul.
The interrogation took place at the Serekunda Police Station with the presence of his colleagues and an Independent Witness. The witness, Ebrima Janneh, is a petty trader based approximately 200 meters from the Serekunda Police Station.
When asked about the language used during the interrogation, Sergeant Jallow confirmed that he communicated with Arona Tine in Wolof.
“Briefly explain to us what happened during this interaction with the accused person (Arona Tine) and what you subsequently did with the information received, if any?” Counsel Drammeh asked.
“I was asked to obtain a cautionary statement only, and he (Arona Tine) was sitting before me. Before writing anything, I reintroduced myself to him, saying that I am Detective Sergeant Landing Jallow, and then the independent witness also was there. I told him that I am here to record your statement about what happened on that fateful day. I read out the cautionary wordings to him and later interpreted them to him in Wolof Language. Then he started narrating about what happened,” Sergeant Jallow testified.
“After he (Arona Tine) had completed the narration, what happened?” Counsel Drammeh asked.
“The statement was read out and interpreted in Wolof language to him. He thumb-printed it, and the independent witness also thumb-printed it,” he said.
When asked if he could recognize the statements if shown to him, Sergeant Jallow confirmed he could. He explained to the court that the statements included his full name, regimental number, and signature.
The statements—both cautionary and voluntary—were presented to Detective Sergeant Jallow for identification. He confirmed they were the ones he had received from the accused, Arona Tine.
Following this identification, State Counsel Fatoumatta Drammeh moved to enter the statements into evidence. This request was met with an objection from Arona Tine’s lead Counsel, O. Susso, who indicated that his client had instructed him to oppose the application.
“My lord, we are objecting to the admissibility of the cautionary and voluntary statements obtained by PW6 (Sergeant Jallow). My lord, our objection is premised on the instructions from the accused person (Arona Tine) that at the time of obtaining his statements. He was threatened and intimidated by PW6 and his colleagues to make the said statements.
“Therefore, we are humbly requesting for the court to order for a trial within trial (Voir Dire). This is because there was no independent witness and also the accused person (Arona Tine) was threatened to make the statements by PW6 (Sergeant Jallow) and his colleagues,” Counsel Susso submitted.
In response, Hon. Justice Ebrima Jaiteh, the presiding judge, then sustained the objection and ordered for a Voir Dire.
“I hereby ordered a mini trial (Voir Dire) to determine whether the accused person (Arona Tine) was threatened or intimidated by PW6 (Sergeant Jallow) and his colleagues. Also to determine whether there was an independent witness,” Hon. Justice Jaiteh ruled.
The case was adjourned to 7th of October 2024.