Justice Joseph Wowo of the High Court in Banjul yesterday ruled that the voluntary statement purported to have been obtained from one Hamadi Sowe, standing trial on two counts of concealment of treason, be admitted and marked as an exhibit.

Justice Wowo made this ruling yesterday, following the defence's objection that the accused's voluntary statement, which was tendered before the court by the prosecution, was not obtained voluntarily but under duress.

According to the particulars of the charge, the accused, between January and March 2006 in The Gambia, knowing that Colonel Ndure Cham, being the then Chief of Defence Staff of The Gambia Armed Forces and Alieu Jobe with some other army officers and some civilians convicted and some at large intended to overthrow the democratically elected government of The Gambia by unlawful means (coup d' etat), failed to give the information to the relevant authorities.

He is also charged with failing to use other reasonable endeavours to prevent the commission of the offense. In his ruling, Justice Wowo disclosed that when the state attempted to tender the voluntary statement of the accused, the accused's counsel objected to the tendering of the statement on the grounds that it was not a voluntary statement and a voire dire was ordered and conducted.

Justice Wowo further disclosed that, the prosecution called two witnesses to prove that the voluntary statement was voluntarily obtained whilst the accused gave evidence himself. Justice Wowo revealed that during the voire dire it was ascertained that one Babou Loum, an independent witness, crossed over from Barra in order to witness the recording of the statement at the State Central Prison.

Justice Wowo further revealed that the State had submitted that upon the arrival of the witness, he pulled out a statement form and informed the accused of his mission and the accused accepted him as an independent witness, and gave his particulars, which were recorded, and he was afterwards asked whether he was satisfied and the accused replied in the affirmative.

Justice Wowo said since the accused had alleged that he did not make a statement, there was no need for a Voire dire and whatever objection was raised at the prosecution stage cannot affect the admissibility of the accused's statement. The statement was therefore admitted in evidence as Exhibit B and the matter was adjourned to 6th June 2009 for continuation of the hearing.