The High Court, presided over by Justice Ebrima Jaiteh, has ruled that the cautionary and voluntary statements made by the accused, Arona Tine, to police are admissible as evidence in the ongoing trial concerning the murder of Fatoumatta Kargbo.
Justice Jaiteh delivered the ruling following a voir dire—a trial within a trial—conducted to determine whether the statements were given voluntarily. The defence had challenged the admissibility of the statements, arguing that Tine was coerced into making them.
Arona Tine is standing trial for the alleged fatal stabbing of Fatoumatta Kargbo, a staff member at HM Bureau de Change in Westfield, on January 19, 2024. He has denied the charge.
During proceedings, defence counsel S. Ade objected to two statements recorded on January 22, 2024: the Voluntary Statement (initially Exhibit V1) and the Cautionary Statement (initially Exhibit V2). The defence contended that the statements were not given voluntarily, claiming that Tine was threatened and intimidated by police and that no independent witness was present during the recordings.
To resolve the matter, the court heard testimony from prosecution witnesses, including the recording officer, Landing Jallow, and an independent witness, Ebrima Janneh, to assess the voluntariness of the statements.
In his ruling, Justice Jaiteh stated that the prosecution had met its burden of proving the statements were voluntary beyond a reasonable doubt. He noted that the statements complied with Section 31 of the Evidence Act and the Judges’ Rules and found no evidence that the accused was threatened, forced, or coerced.
“The corroboration provided by the independent witness further reinforces the reliability and voluntariness of the accused’s statements,” Justice Jaiteh observed.
The court subsequently overruled the defence’s objections. The statements have now been formally admitted into evidence as Exhibit P8 (Voluntary Statement) and Exhibit P9 (Cautionary Statement).
With this development, the trial will proceed to the main stage, where the accused will defend himself against the murder charge.