Justice Jaiteh rejected the application in its entirety. He ruled that the audio was not “computer-generated evidence” within the meaning of Section 22, explaining that the law applies only to information produced through computational processes such as calculations, comparisons, or algorithmic derivations.
He clarified that recordings downloaded or stored on a device do not fall into that category and that merely passing through a computer does not transform an ordinary human-created recording into computer-generated material.
The judge emphasized that the certificate attached to the audio had no probative value and that the objection raised by the DPP was purely technical and did not affect admissibility.
He held that the audio and its transcription were relevant under Section 3 of the Evidence Act and therefore admissible. The flash drive containing the material was accordingly accepted into evidence and marked as Exhibit D38.
Following the ruling, the court proceeded with the testimony of Defence Witness 12, Ebrima Charty. Under cross-examination by the DPP, Charty stated that he downloaded what he described as the original Kerr Fatou video featuring both Mama Jabbi and Ousainou Bojang and later converted it into audio.
He confirmed being aware of artificial intelligence and acknowledged that audio files can be manipulated but insisted that the file he used was the actual video published online.
The DPP challenged the authenticity of the content, arguing that Charty could not confirm how the video was uploaded, its original duration, or how Kerr Fatou sourced it. Charty admitted he was not present during the upload process but maintained that the length was the same as the video he accessed.
During re-examination, he clarified that the only element omitted during conversion was the image because pictures cannot be transferred into audio format.
With the admissibility issue resolved, the case of the 1st accused, Ousainou Bojang, was officially closed. The trial will now shift to the 2nd accused, Amie Bojang, whose case is scheduled to begin on 8 December 2025.
