The order followed an oral application made by defence counsel Lamin J. Darboe during the testimony of Deputy Inspector General of Police. Deputy IGP Momodou Sowe took the stand yesterday to shed light on statements he made during a press briefing held on 15 September 2023 at Police Headquarters in Banjul.
“This ruling follows an oral application made by learned defence counsel, Lamin J. Darboe, on behalf of the first accused, Ousainou Bojang, seeking an order from this honourable court compelling the Inspector General of Police, as well as the managing directors of QTV, Kerr Fatou, and the Fatou Network, to produce the video footage of the police press briefing held on 15 September 2023 at Police Headquarters in Banjul,” Justice Jaiteh ordered.
“The application was opposed by the Director of Public Prosecutions on procedural grounds, specifically arguing that the defence counsel ought to have submitted a formal application on notice. However, in support of the motion, learned counsel A. Sillah, representing the second accused, aligned himself with Counsel Darboe’s submission and referred the court to Section 243(e) of the 1997 Constitution of The Gambia.”
“I have carefully considered the oral application, the DPP’s objection, and Counsel Sillah’s supporting submission.”
“In the testimony of DW7, the Deputy Inspector General of Police, it was admitted that the press briefing took place on the specified date, with several media outlets in attendance. The occurrence and public nature of the briefing are not in dispute. It is also clear that a recording of the briefing exists, and that it holds relevance to the defence. While the DPP’s objection is procedurally valid, it is ultimately technical and, under the circumstances, lacks substantive merit.”
“The requirement for a formal written application should not outweigh the broader interests of justice particularly when the existence of relevant material is uncontested. This Court relies on Section 221 of the Evidence Act 1994, which empowers it to order the production of any document or material evidence necessary for the fair determination of the matter at hand.”
“In the interest of justice, I find the oral application to be properly grounded in law and merit. Accordingly, it is hereby ordered that the Inspector General of Police produce before this Court the video recording of the press briefing held on 15 September 2023. Likewise, the managing directors of QTV, Kerr Fatou, and the Fatou Network are directed to submit any recordings of the said press briefing in their custody or possession.”
“This order is made pursuant to Section 221 of the Evidence Act and furtherance of the accused’s constitutional right under section 243 E of the 1997 Constitution.”
"You said you were able to track Ousainou Bojang through his phone? “Lawyer Darboe asked.
The witness replied in the affirmative.
When asked whether he had a copy of the telephone records for that particular day, he responded in the negative, stating: "I don’t have it."
“You said Ousainou had the murder weapon with him for a very long time?" Darboe asked. The witness replied: “I can’t remember saying that.”
Meanwhile, government spokesperson Ebrima Sankareh continued his evidence-in-chief. He was cross-examined by defence counsel A. Sillah, representing the second accused, regarding an audio interview he conducted with Peter Gomez of West Coast Radio.
With no objection from the Director of Public Prosecutions, Counsel Lamin J. Darboe, and Counsel A. Sillah, the audio recording, which was played in the courtroom and submitted by Therese Fatou Gomez, CEO and Managing Director of West Coast Radio, was admitted into evidence and marked as Exhibit DD3.
The case has been adjourned to 30 June for continuation.
