Feb 12, 2013, 11:32 AM
Kebba Lang Darboe, the third prosecution witness (PW3), on 1 August 2011 testified in an alleged housebreaking and stealing involving one Dephon Riley, before Magistrate Ngube of the Kanifing Magistrates’ Court.
Dabo told the court he is a police officer attached to the Serrekunda Police Station.
He indicated that he recognised the accused and could recall the day of the incident when he was on duty and the complainant came and lodged a complaint of housebreaking and stealing.
“Upon recording the complaint, I went with a police officer and the complainant to visit the scene,” he testified.
CPL 184 Darboe added that on arrival at the scene, they noticed that the doorframe and the door were removed from the complainant’s house.
“We entered into the house and found out that chairs, some materials and the bed sheet were all scattered,” revealed the prosecution witness, adducing that the handbag of the complainant was also opened and turned upside down.
He adduced that the complainant alleged that $1,300, D2, 000, 170 Euros, eight hand bags and eight canvases were stolen from his house. He revealed that they advised the complainant to invite a cameraman who took a photograph of the scene.
The prosecuting officer CPL 3560 Colley applied to tender the said pictures but was objected to by defence counsel Hawa Sisay-Sabally.
She submitted, among other things, that the test for admissibility was relevant, proper custody and foundation.
Counsel submitted further that the pictures were not a police document, adding that the witness was not the maker of the pictures.
She urged the court to reject the items sought to be tendered.
The court ruled in favour of the defence and the said pictures were rejected.
Continuing his testimony, the witness said the accused was later contacted to report to the station.