When the case was called, defence counsel Lamin J. Darboe reminded the witness, Bakary R. Jarju (PW2), that according to his previous testimony, he visited Palma Rima beach with his friends Ismaila Bojang (PW1) and Omar S. Jallow in the evening. The witness reaffirmed that but said he could not recall the exact time.
When a document was given to the witness in the witness box to confirm if the number indicated in it was his, he confirmed it was his.
Counsel Darboe applied to tender the Africell call logs of the witness from 1st September to 31st October 2023 as an exhibit.
The counsel further referred to the call log of the witness and instructed him to look into some entries to state whether hemade those calls,but the witness said he could not tell.
The counsel also put it to the witness that those calls were made by him to his colleagues Ismaila Bojang and Omar S. Jallow whom the witness was with from Palma Rima Junction to Sukuta Traffic Lights. He added that the calls made to Ismaila Bojang and Omar S. Jallow were not necessary because all of them were together. The witness said the calls were made to Omar S. Jallow to allocate them after he went to buy ‘Afra’.
The Director of Public Prosecution (DPP) objected to the questioning, saying that since the document was already an exhibit before the court, it would speak for itself, adding that whatever answer the witness was supposed to give could be “irrelevant”.
Defence counsel Darboe responded that it was a cross-examination and he should question the witness, adding that it was left with the witness to answer or deny. The counsel further pleaded that the court order the witness to answer the question.
The court overruled the objection raised by the DPP and stated that the question posed to the witness was “relevant”, hence ordered the witness to answer the question.
Counsel Darboe continued his testimony and put it to the witness that he went to the Traffic Lights from his home village in New Yundum instead of from Palma Rima Beach to Sukuta Traffic Lights. The witness insisted he came from Palma Rima beach to the Traffic Lights.
The witness Bakary R. Jarju was discharged and Commissioner Momodou Sowe (PW5) was called to the witness box.
Defence counsel LJ Darboe again asked PW5 to confirm his phone number in his witness statement sought to be tendered. After confirmation, counsel Darboe then tendered his call logs document stating the period 1st to 30th September 2023.
Witness Commissioner Sowe further stated that on the night of the alleged shooting in Sukuta-Jabang Traffic Lights; he could recall seeing Bakary R. Jarju (PW2) the military officer but could not remember speaking to him.
The case was adjourned until 15 July 2024.
