“The IGP should have appeared or, at the very least, delegated someone to represent him out of respect for this court. To simply turn a blind eye to the law especially as the IGP is, in my view, unacceptable, unprincipled, and contrary to the rule of law. Nevertheless, since the media houses have provided the video footage, we will proceed to review them,” Jaiteh emphasised.
He continued: “The Inspector General of Police was served with this court order through one Inspector Kanteh. Unfortunately, he has not sent any representative before the court. However, the other media houses are present, so we shall hear from them and examine what they have submitted. I believe the essence of involving the media houses and offering the IGP the opportunity was to dispel any doubts. The media houses have their own copies of the recording. In the absence of the IGP’s version, we will rely on what we have, and that will be taken into consideration.”
During last week’s sitting, the court ordered the country’s police chief, along with the Managing Director of QTV and representatives from Kerr Fatou and the Fatou Network, to produce the recording of the Deputy Inspector General of Police’s press conference, which was held at the Police Headquarters in Banjul.
This directive came following a request by Defence Counsel Lamin J. Darboe, who sought to question witnesses regarding statements made during the said press conference held on 15 September 2023. However, at yesterday’s sitting, while all three media houses complied and submitted the video footage on a flash drive as ordered, the Inspector General of Police failed to comply with the court’s directive.
Following no objection from the Director of Public Prosecutions (DPP), Counsel Lamin J. Darboe, and Counsel Sillah, the video recordings submitted by Lasana Tunkara of QTV, Fatoumatta Drammeh of Kerr Fatou, and Dawda Baldeh of The Fatou Network, and play in the courtroom, were formally tendered and admitted as Exhibits D35, D35A, and D35B.
Counsel Darboe, following the court's viewing of the video recordings from the three media houses, asked: “Mr Sowe, are you in a position to tell the court the telephone number you tracked on that day, as you mentioned during the press conference, from Bursubi to the border in Cassamance?”
In response, Deputy Inspector General of Police (DIGP) Sowe stated: “I made it clear during my last appearance before this court that, due to the high volume of traffic on that particular day, I am unable to provide that information it is classified.”
Counsel Darboe continued: “You said the suspect had a firearm in his possession?” To which the witness responded affirmatively, but clarified that his statement was based on the initial stage of the investigation, which is subject to change.
“You also stated that the accused confessed to the allegation. Did that information come directly from the suspect or from a third party?” Darboe asked. DIG Sowe replied that the information had come from a third party.
Counsel Sillah, representing the second accused, then questioned whether DIGP Sowe had conducted an investigation prior to delivering the press conference. The witness responded: “I do not conduct investigations. There is a designated team responsible for that.”
Sillah further pressed: “Can you provide any documentation to support the statements you made during the press conference at the police headquarters in Banjul?” To this, the deputy police chief replied: “Part of what I said was based on intelligence, and that information is classified.”
Sillah followed up: “Are you aware that some of the statements you made on that day impact the ongoing case?” DIG Sowe replied briefly: “This is the first time I’m hearing that.”
Sillah then asked: “Are you aware that the Government Spokesperson, Ebrima Sankareh, said he received the information from the police?” Sowe responded that he was now aware of that.
When asked whether he had personally seen the firearm allegedly belonging to the accused, DIG Sowe replied in the negative.
The case was adjourned for today, for the evidence in chief of the National Security Adviser, Abubacarr S. Jeng.
