By Kemeseng Sanneh (Kexx)
Senior Lawyer Lamin J. Darboe has called two prosecution witnesses in the police shooting to further cross-examine them.
Darboe said the reason for recalling them was because he obtained new evidence and wanted to use it to question them.
The two recalled witnesses were Police Commissioner Momodou Sowe of the Police Anti-Crime Unit and Bakary R. Jarjou,a member of the Gambia Armed Forces (GAF).
Lawyer LJ Darboe is representing Ousainou Bojang, who is accused of shooting and killing two (2) policemen at the Sukuta-Jabang traffic lights. He allegedly injured another policewoman during the shooting incident. He denied the charges against him.
The application to recall the witnesses was not opposed by the Director of Public Prosecution Abdul Maita Yusuf.
“We don’t intend to oppose the application and we are ready to make available the recalled witnesses for further cross-examination. They are all available right now for further cross-examination,” DPP Yusuf told the court.
Justice Ebrima Jaiteh granted the application and ordered one of the witnesses to enter the witness box.
Bakary R. Jarjou was the first to be recalled.
“You said you visited Palma Rima Beach on the 12th of September 2023 with Ismaila Bojang and Omar S Jallow. Is that correct and do you recall the time?” Counsel Lamin J Darboe asked.
“Yes, it was in the evening. I cannot recall the time as it was a long time,” the witness answered.
He testified that after work they decided to go to the beach and from there they proceeded to the Sukuta-Jabang Traffics Lights.
“Do you recall when you went to New Yundum,” Counsel Lamin J Darboe asked.
“I cannot remember the time,” the witness answered.
Counsel Lamin J. Darboe asked him to look at a document containing his number and confirm if that was his number. It was a printout of the caller information from Africell, a GSM operator in The Gambia. The witness confirmed that the number therein was his.
The document from Africell was tendered and admitted in evidence. The document covers from 1 September 2023 to 31 October 2023. It was marked as exhibit D13.
The witness was asked to look at page 5 of the document, specifically the last 2 entries. The witness was asked whether he was the one who made those calls. He said he does not know.
Senior Counsel Darboe told the witness that the call log indicated two calls coming from him to Ismaila Bojang and Omar S. Jallow.
The Director of Public Prosecution A.M Yusuf (DPP) objected stating that the documents are before the court and speak for themselves. DPP Yusuf said even if the Counsel questions the witness and he responds to the questions, that does not change the content of the document. He submitted that the question was irrelevant.
Counsel Darboe disagreed. He submitted that he was questioning the witness on the content of the document to help clarify issues before the court. Justice Jaiteh allowed the question as he overruled the DPP. The Judge said the answers the witness gives would not change the content of the document. He highlighted that the question is allowed as the document indicates that the calls were made to Ismaila and Omar. He held that the issue of who made the calls is relevant.
The witness replied that he did not know who made the call. Counsel Lamin J. Darboe further told the witness that he did not come to the traffic lights that night from Palma Rima, but the witness insisted he came from Palma Rima
“I am putting it to you that you came to the traffic lights from your home village (New Yundum)?” Counsel Lamin J. Darboe said.
“I came from Palma Rima to the traffic lights,” the witness stated.
“I am putting it to you that it would not be necessary for you to call Omar S. Jallow and Ismaila Bojang if you were together with them,” Counsel Lamin J. Darboe emphasised.
“When Omar went to buy Afra, that was when the person called, but I forgot who called to tell him the location where we were,” the witness replied.
“Can you tell the court why you called Ismaila Bojang if you were together with him,”? Counsel Lamin J Darboe sought.
“I cannot remember calling Ismaila Bojang,” the witness answered.
“Mr Jarju, I am putting it to you that you were coordinating a transaction between Omar S. Jallow, Ismaila Bojang and yourself,” Counsel Lamin J. Darboe said.
“I cannot remember at all,” the witness replied.
With no further question, the witness was discharged by the Judge.
Police Commissioner Momodou Sowe entered the witness box and Lawyer Darboe began questioning him.
Commissioner Sowe said he was at the Sukuta-Jabang Traffic Lights arounf 10 pm.
“Have you met any military officer at the scene on that night,”? Counsel Lamin J.Darboe asked.
“Yes,” Commissioner Sowe answered.
“Have you spoken to Bakary Jarju (PW2) that night,”? Counsel Lamin J. Darboe asked.
“I cannot remember talking to him, but I can remember seeing him at the traffic lights,” Commissioner Sowe answered.
Counsel Lamin J. Darboe then informed Commissioner Sowe that there was a telephone number on his witness statement, and sought for Commissioner Sowe to look at it and tell the court if that was his telephone number. Commissioner Sowe confirmed the Africell number was his contact.
Counsel Darboe applied to tender the call logs of Commissioner Sowe (PW5) from 1 September 2023 to 30th September 2023 as an exhibit. With no objections from the DPP, the Africell call log of Commissioner Sowe (PW5) was admitted into evidence and marked as Exhibit D14.
“Is it correct that you went to RVTH through Denton Bridge when you left the traffic lights that night,”? Counsel Lamin J. Darboe asked.
“Yes, that is correct,” Commissioner Sowe answered.
With no further question, the presiding Judge Justice Jaiteh discharged Police Commissioner Sowe (the witness).
The case was adjourned to Monday 22nd July 2024.
