Mar 4, 2011, 12:46 PM
Samba Sillah, the first prosecution witness (PW1), yesterday ended his testimony in the trial involving Lamin Waa Juwara, former Minister of Regional Administrations, Lands and Traditional Rulers, and two others at the Banjul Magistrates’ Court before acting-Principal Magistrate Dawda Jallow.
The other accused persons are Hamidou Jallow, Principal Lands and Evaluation Officer, and Tamsir Onasis Konteh, a businessman.
Continuing his testimony, Samba Sillah told the court that during the course of the investigation 17 photos were taken.
The Director of Public Prosecutions then applied to tender the said photographers in evidence.
This was objected to by defence counsel, Abdoulie Sissoho, on the grounds that the DPP did not lay any foundation, neither did the witness before the admissibility of the documents.
In response, the DPP S.H. Burkun told the court that the proper foundation had been laid.
He cited relevant sections to support his submission, adding that the documents sought to be tendered were the photographers taken of plots C8 and C9 respectively.
They are secondary evidence, and also they are original copies because it was made during the process of the investigations, submitted DPP.
“Whatever the defense counsel was saying is irrelevant. The documents are relevant in the eyes of law; so therefore, the documents cannot be rejected by the court your worship,” said the DPP.
Delivering his ruling, the trial magistrate told the court that he found the objection raised by the defence to be irrelevant.
Consequently, the 17 photographers were admitted and marked as exhibits.
PW1 then continued, and told the court that during the course of the investigation, an uncompleted list was recovered in the name of Basirou Sambou, and the said documents were also tendered in evidence and marked as exhibits.
He added that another plot of land was allocated at Kotu Layout as compensation to the first accused person, Tamsirou Onassis Conteh.
Asked by the DPP whether he would be able to recognise the said letter recovered during the investigation, the witness confirmed it as the one they recovered during the investigation.
At that juncture, the case was adjourned to 13 June 2013.