By Mama A. Touray
The defence lawyer representing all the 14 accused persons in the Sanyang protest trial said one of his clients, Lamin Saidy, was tortured by the police at the time of his arrest and detention.
The Lawyer said his client was tortured by personnel of the Anti-Crime Unit at the Unit’s headquarters in Bijilo. He stated this before the High Court Judge, Justice Ebrima Jaiteh.
“It is my instruction that the 8th accused person (Lamin Saidy) did not voluntarily make the statement sought to be tendered before this honourable court,” lawyer Camara said.
The lawyer said the circumstance under which the document was obtained took away his consent as he applied for a mini-trial.
“He was forced into giving that statement after being subjected to severe beatings by personnel of the Anti-Crime Unit at the time of arrest as well as at the time of detention,” he said.
He argued that the way the police obtained the voluntary statement of Lamin Saidy infringed the condition for obtaining voluntary statement the procedure established under the Evidence Act.
Senior Lawyer Kimbeng T. Tah for the State said he has no objection to the application for a mini-trial.
Justice Jaiteh ordered for a mini-trial to subject the voluntary statement of Lamin Saidy to the test of voluntariness.
Sergeant Ebrima Jawo, prosecution witness one for the mini-trial said he is a police officer working under the Criminal Investigation Unit (CID) posted at Tujereng Police Station. He said he was the one who took the statement of Lamin Saidy at the Anti-Crime Unit headquarters in Bijilo.
The statement was admitted into the records as PV1 for the purpose of the mini-trial.
Witness Jawo said the room where the statement was recorded is likes a classroom adding there was an independent witness called Yusupha Manneh. The witness said he did not know Yusupha Manneh before this day.
Jawo said cautionary warning was made to Lamin Saidy and was translated in the Mandinka Language in the presence of the Independent Witness.
“I obtained the statement from him (Lamin Saidy) in open classroom without force or pressure. He gave his statement voluntarily,” Jawo said.
“Did you, at any time of obtaining the statement, beat Lamin Saidy?” asked Lawyer Tah.
“I never beat Lamin Saidy,” the witness said.
“Did you see anyone beating Lamin Saidy?” asked Tah.
“I have never seen any officer beating Lamin Saidy,” Jawo answered.
Jawo said Lamin Saidy was neither beaten nor threatened by him or anyone else.
Under cross-examination by Lawyer Camara, witness Jawo said he does not know what happened to Lamin Saidy at the time of arrest since he was not the arresting officer.
“Do you know he is a serial independent witness – he acted as an independent witness in more than 20 voluntary and cautionary statements?” Lawyer Camara poised.
“I don’t know,” the witness answered.
The case was adjourned to Thursday, 15 July 2021 at 1 pm.
