By Mama A. Touray
Justice Ebrima Jaiteh of the Banjul High Court ruled on Tuesday in the alleged Sukuta Jabang traffic light police shooting incident that Director of Public Prosecutions AM Yusuf’s objection to the admissibility of PW6’s call log lacked merit.
The ruling came shortly after Counsel J Darboe, the lawyer for the first accused (Ousainou Bojang), informed the court that the witness’s call log had been provided by Africel after they were served with a notice to provide Ebou Sowe’s call log.
He then applied to tender the call log of state witness six (Ebou Sowe’s) from Africel Gambia Limited, which was objected to by the DPP.
Before the DPP’s objection, the call log had been given to the witness, who confirmed that the number on the first line was his number.
Counsel J Darboe further informed the court that the call log was accompanied by a certificate from Africel and applied to tender Sowe’s call log, which was objected to by the Director of Public Prosecution.
Director of Public Prosecution AM Yusuf argued that Section 22(2) of the Evidence Act clearly stated the conditions before a computer document is admitted in court and urged the court to reject the application.
In response to this objection, Counsel J Darboe argued that the case before the court dealt with allegations of serious crime and that the person who submitted the call log had appeared before the court several times.
Darboe added that the summons were directed to the CEO of Africel Gambia Ltd, who sent a competent officer from the institution to present the call log in court.
Justice Jaiteh ruled in favor of Counsel J Darboe, stating that he considered two things after listening to both counsels: whether the call log is computer-generated and whether it has fulfilled the legal requirements.
He ruled that the call log is important and fundamental in this case and has met the legal requirements.
“Therefore, DPP AM Yusuf’s objection lacks merit.”
The witness testified that he was part of the team that took the first accused to his residence in Brufut and apart from that visit, he couldn’t remember going to another place with the accused on that day.
When asked about the visit to the empty land where the alleged gun was found, he told the court that the first accused showed them his escape route and that the empty land was in that area.
He also testified that he does not recall being part of any team that went to the empty land on September 14, 2023.
According to the charge sheet, Ousainou Bojang was charged with murder, acts of terrorism, attempted murder, and grievous bodily harm, while his sister Amie Bojang was charged with being an accessory after the fact of murder.
The particulars of the offense state that Ousainou Bojang is alleged to have caused the death of Police Constable Sang J Gomez and Pateh Jallow by shooting them with a gun.
He is also alleged to have attacked Police Constable Sang J Gomez and Pateh Jallow by shooting them with a gun, resulting in their deaths.
Ousainou is also accused of attempting to unlawfully cause the death of Police Constable Ansey Jawo with a gun and unlawfully shooting her with a firearm, causing her grievous bodily harm.
His sister Amie Bojang is accused of assisting him in fleeing the country to escape punishment after knowing that he allegedly committed murder.
The matter is adjourned to April 22, 2024, at 2 pm for the continuation of the cross-examination of PW6 by Counsel J Darboe.
