In voire dire trial, accused asks whether people should be tortured to speak the truth

Earlier, he testified that he was tortured by police officers when they were recording his statement.

“They attached a pipe between my legs from behind while my head was hanging. My hands were handcuffed in front and I was beaten severely. I screamed and they forced me to admit that I stole. I did admit because of the pain,” he told the court.

Under cross-examination, Sub-Inspector Jammeh put it to him that he was not under duress when his statement was recorded. He denied it and maintained that he was tortured when they were recording his statement.

“Police Officer Sanyang had testified before this court. He is the one who recorded your statement. You never challenged him when he stated that your statement was recorded voluntarily,” Sub-Inspector Jammeh told the accused.

“That is not correct. I was told that if I did not admit that I stole, I would be beaten. This is why I admitted after I was severely tortured,” the accused responded.

“There was an independent witness who was present when your statement was being recorded. Nobody tortured you,” Sub-Inspector Jammeh challenged the accused.

“I did not see any independent witness. There was none. I was forced to give my statement under duress,” the accused said.

“If you were tortured when your statement was being recorded, you would not have been able to state your name, address and how you earn a living,” it was put to the accused.

“When I was taken to the police station, I was asked what my name is, my address and my occupation. This was before I was tortured,” the accused answered.

“I put it to you that all what you said before this court is not true. Everything is false,” the prosecuting officer challenged the accused.

“I swore on the Quran. I said the truth. Why do you torture people to speak the truth?” the accused asked.

Sub-Inspector Jammeh ignored the question as there was laughter from the gallery.

The presiding magistrate subsequently adjourned the case for ruling to determine whether the statement of the accused was recorded voluntarily.