On his cross examination yesterday before Justice Jaiteh of the High Court, Counsel Darboe told the fifth witness, Commissioner Momodou Sowe, that the accused Ousainou Bojang did not mention killing or injuring anybody and did not talk about using any gun. But the witness said that was not right.
He further put it to the witness that on the day of the alleged crime scene, the accused was nowhere near the Sukuta Jabang Traffic Light but the witness said that was also not right.
About the audio the third prosecuting witness, Mama Jabbie, told the court she recorded the accused person saying he killed those police officers and injured one at Sukuta Jabang Traffic Light, counsel Darboe told the court that the audio was never tendered to the police and that the police were “sitting on the audio”.
However, the Director of Public Prosecution, A.M. Yusuf objected to that and said the police were not sitting on any audio.
The fifth witness said he did not know whether the audio between Mama Jabbie and Ousainou Bojang were with the exhibit keepers and he had not listened to the audio.
Counsel Darboe put it to the witness that it was a duty on his part that an audio recording was sub central to the case which was not listened to as the head of the Anti-Crime Unit.
DPP objected, saying it was not a fair question to the witness since the witness was not present when PW3 was testifying.
“The witness never mentioned that he was informed that there was an audio conversation between Mama Jabbie and the accused person,” DPP said, adding that according to their record, the phone PW3 recorded the accused got spoiled.
The court, however, overruled that the question was simple, fair and straightforward and that the witness was a seasoned police officer.
Counsel Darboe continued that in this era of technology, police officers should rely on a medium of communication like social media.
“Mama Jabbie did say that she sent his pictures and audio conversation with the first accused to the gendarmerie at Jululung and the commissioner went all the way up to Jululung and established contacts with the Senegalese officers in whose custody the first accused was,” Counsel Darboe said, adding that a case like “this is not believable”.
The witness further testified that he was not the head of the team of investigation and if investigators found that audio to be useful they could pick and preserve it.
The case was adjourned until 18 December 2023
