He said this in relation to some medical reports in connection with the matter retrieved from the Kanifing General Hospital.
The police witness, Karalang Badjie of Brikama attached to the Serious Crime Unit in Banjul, testified yesterday before Justice Ebrima Jaiteh of the Banjul High Court.
It would be recalled that the accused, Paulo Djabi, faces accusations of perjury and subornation of perjury under Section 95(3) of The Gambia’s Criminal Code (2009).
The state alleges that on March 8, 2024, during a judicial proceeding, Djabi “knowingly gave false testimony under oath” in the case between him and the Attorney General.
The accused was also charged with fabricating evidence in violation of Section 98(b) of the Criminal Code. The state claims that, on the same date, Djabi used a falsified medical report as evidence to mislead the High Court in his ongoing case.
State Counsel Lamin Jarju asked the witness how he got to know the accused, and he recounted that on 19 October 2024, their office received a request from the Attorney General Chambers for the Inspector General to investigate a purported medical report.
He stated that Paulo Djabi was invited to the police headquarters and he was confronted with the medical report.
He said Paulo informed them that he was sick and his sister invited a doctor who diagnosed him, and said he had a kidney stone and needed a medical report for overseas treatment.
He said Paulo explained to them that he went to Kanifing General Hospital and was issued with a medical report for overseas treatment.
He testified that upon their investigation, such a doctor did not exist in the Kanifing General Hospital nor was he in the list of the medical board and the report was not the same as the normal medical certificate or report by Kanifing General Hospital.
The witness said that Paulo Djabi was then charged, but he, Paulo, told them that he had a right to a counsel, and they respected him to invite his lawyer before obtaining a statement from him.
Counsel L. Jarju asked whether the witness would recognise the purported medical certificate, and he said he would recognise it. State counsel handed over the medical certificate, and the witness identified it as the one obtained from Paulo Djabi.
Counsel L. Jarju applied to tender the medical certificate as evidence without any objection from the defence lawyer, S. Tambadou. The presiding Judge, Justice Jaiteh, admitted the document.
The witness further testified that the request from the Ministry of Justice was accompanied by a medical report and signed by Dr Lamin K. Ceesay and Paulo Djabi, named as the patient.
S. Tambadou objected, saying the document was secondary and did not satisfy the requirements of the Evidence Act. He added that Prosecution did not put forward any explanation.
In his reply, counsel L. Jarju said they had filed a ‘notice to produce’. He said the law allows for a secondary document to be tendered once a notice to produce is filed. He added that since the hospital said the document did not emerge from them, they reasoned they could only have a photocopy.
Lawyer S. Tambadou withdrew his objection to the tendering of the document into evidence and the presiding Judge, Justice Jaiteh, admitted the document.
The police witness said he obtained a cautionary and voluntary statement from the accused, and he would recognise the document through his handwriting and signatures.
After going through the two documents (cautionary and voluntary statements) he identified them as the documents obtained from the accused.
Counsel L. Jarju applied to tender the documents into evidence, with no objection from the defence lawyer.
The case was adjourned until 23 February 2024.
