Magistrate Tabally of the Kanifing Magistrates’ Court recently ordered a trial within a trial (voire dire) in the criminal theft case involving seven accused persons, who were alleged to have conspired and stolen from Lexima Supermarket.
This development followed the testimony of the prosecution witness, Amadou Bah, a police officer, attached to Kairaba Police Station, who told the court that he read the cautionary words and obtained statement from the third accused, Sheikh Omar Faye, which he and the accused signed.
When the prosecuting officer, Sergeant Kinteh, applied to tender the said document, the accused objected and told the court: “I did not sign this document.”
At that juncture, the trial Magistrate ordered a voire dire to ascertain the admissibility of the statement.
Hearing into the case was extended to 5 May 2011.
According to the particulars of offence on count one, the accused persons, Buba Jatta, Buba Sarr, Sheikh Omar Faye, Alieu Mboob, Olley Jatta, Jalika Sey and Sainabou Faye, on 23 January 2011, at Lexima Supermarket along Kairaba Avenue, were alleged to have jointly committed a felony to wit stealing.
Count two states that the accused persons on the same day and place allegedly stole items from the said supermarket worth D12, 750.
Readers would recall that the first accused was earlier convicted and sentenced to a fine of D5, 000 and D10, 000 on both counts in default to respectively serve three- and six-month jail terms.
Both sentences were to run concurrently.