By Mama A. Touray
Counsel Lamin J Darboe, the lawyer defending the first accused, Ousainou Bojang, has maintained that his client has nothing to do with the case of the shooting of the PIU officers.
The defense lawyer Darboe put it to the fifth state witness Commissioner Momodou Soweduring the cross examination on his testimony held on Thursday, December 14th, 2023.
During the cross-examination, the lawyer told the witness: “I am putting it to you that the first accused never tell you that he used a gun and that he did not talk to you about killing or Injuring anyone.” The witness replied saying, ‘’that is not correct.’’
“I am putting it to you that on the 12 September 2023, the first accused was nowhere around Sukuta Jabang traffic light,” the lawyer further remarked to the witness who insisted ‘’that is not correct.’’
“The only reason the accused went to Jululungwas to seek prayers from marabout in relation to his white lady,” Darboe said and Commissioner replied that was not to his knowledge.
Darboe said the first accused said the same thing to Mama Jabbi and that was why their audio conversation was not tendered before the court and the witness said he has no idea.
Continuing the cross-examination, the witness said It is the role of the police to preserve crime scene when an incident happened and that he was informed about the incident by his operational officer Babucarr M Bah, adding that he can’t recall the time but it took for about 30minutes which he said was around 10pm.
Sowe told the court that the crime scene was protected by deploying officers to the scene and Counsel LJ Darboe put to the him that the scene was not protected and he responded that the scene was protected.
Counsel Darboe further told the witness that according to PW1 and PW2, Ismaila Bojang and Bakary Njie respectively the scene was taken over by curiosity seekers, and the witness replied that, that was the testimony of PW1 and Pw2.
Commissioner Sowe was however asked if the recorded audio conversation between the first accused (Ousainou Bojang) and the third state witness Mama Jabbi is in the custody of the police and he said he doesn’t know and that he has not listened to it.
“Am putting it to you that, if PW3 Mama Jabbi’s testimony is correct, it was a dereliction of duty that an audio so central to the case was not listened to by the head of anticrime unit” Darboe put to the witness.
At this point Director of Public Prosecution, AM Yusuf objected that “This is not a fair question to the witness, for the fact that the witness was not present when PW3 (Mama Jabbi) testify and PW5 never mentioned that he was informed that there was an audio conversation between PW3 (Mama Jabbi) and the first accused (Ousainou Bojang). What is in our record is that the phone that the third witness Mama Jabbi recorded the first accused is spoiled, this is a court of justice and the defense alleging the witness of dereliction of duty is a trick and we urged the court to not allow the question”.
Counsel LJ Darboe submitted that “My lord logically in this era of Instant communication police officers investigating crime must rely on all sources, personal information from people like Mama Jabbi, electronic communication on social media from WhatsApp. Mama Jabbi did say that she sent the audio and picture of the first accused to the Senegalese soldiers at Jululung. It is fair question and we should know if the audio was avail to the police or not and I urged the court to allow the witness to answer the question”.
Justice Ebrima Jaiteh in his ruling ruled in favor of the lawyer for the first accused stating that the witness should answer the question.
The witness in answering the question said: “it is not correct, I am not the head of the investigative panel, if the investigative panel found the audio useful to their investigation, they would pick it and preserve. Since am not part of the investigative team I will not be in a better position to know whether the audio is with the police or not and I did not listen to the audio.”
Furthermore, Sowe told the court that he did not record Ousainou when he allegedly admitted to killing the officers and was quick to add that the correct procedure was to record the cautionary statement which he said was done.
He informed the court that he was accompanied to Brufut by more than four officers but could not remember if PW3 Mama Jabbi was part of the people who went to Brufut.
On the condition he saw the recovered gun, Sowe said he saw it lying down while the upper cover was apart from the main gun and that no one called to inform him that a gun was recovered in an empty land.
