Jan 15, 2009, 4:48 AM
The trial involving one Abubacarr Darboe, accused of careless driving, continued on Monday at the Brikama Magistrates’ Court.
The case continued with the cross-examination of a prosecution witness, one Ebrima Fadera, by the defence counsel, LK Mboge.
Under cross-examination, the witness told the court that the incident happened along the Trans-Gambia Highway while he was on the foot path of the road.
He said he was not putting on any earpiece during the incident, adding that Trans-Gambia Highway has a foot path because he knew the footpath is different from the highway.
Counsel put it to him that he was putting on an earpiece on that day, but the witness denied it.
At that juncture, counsel asked the witness to produce the said earpiece, but this was objected to by the police prosecutor, Sgt O. Touray.
He argued that the evidence of the witness before the court did not state any earpiece, and he did not tell the court that he was putting on any earpiece.
He said the witness had told the court that he was holding a mobile phone and his laptop during the incident, and the matter before the court was not about the issue of an earpiece.
He said counsel should ask the witness about the subject matter before the court.
In response, counsel Mboge told the court that cross-examination has no boundary, citing the Evidence Act to support his submission.
At that juncture, the case was adjourned until 7 March 2016, for ruling.