By: Nicholas Bass
Magistrate Fatoumatta Jaguraga-Darboe of the Brikama Magistrates’ Court last Thursday dismissed the admissibility into evidence of a USB flash drive that was alleged to have contained the videos and recordings of Kerr Fatou and Co. in an unauthorized publication case.
This came after the third prosecution witness Ebrahima Jambang also a journalist and the vice president of Teranga Hospitality Group told the court that he downloaded videos and audio recordings of Fatou Touray and Fatoumatta Drammeh into a USB flash drive, concerning the matter of Samsudeen Phatey and Nenneh J. Thompson.
At this juncture, the counsel for Samsudeen Phatey [plaintiff], Malick H.B Jallow, applied for the USB to be admitted into evidence against Fatou Touray and Fatoumatta Drammeh.
However, defense lawyer Fatoumatta Sanyang argued that Jambang did not take part in the recordings of the matter between Samsuden and Nenneh J. Thompson.
Defense lawyer Sanyang deduced that Jambang did not have personal knowledge of the videos and audio recordings of her clients about the proceedings of Samsudeen’s child at Brikama Children’s Court.
Defense lawyer Sanyang in her submission challenged the functional ability of the spoiled laptop Jambang claimed he used when he downloaded the recordings of her clients from an online platform.
She stated that the witness did not lay a primary foundation, regarding the alleged recordings he downloaded into a USB Flash and pleaded with the court for the recordings to be played in the court before being admitted into evidence.
Counsel Jallow argued that his witness had laid a sufficient foundation of the videos and audio recordings, noting that the witness disclosed the content of the recordings on oath.
In her ruling, the presiding magistrate stated that Jambang did not lay the exhibition foundation of the USB Flash before the court.
”I hereby dismiss the application of lawyer Malick HB. Jallow for the exhibition of the foundation of the USB Flash drive lacks proper foundation,” Magistrate Darboe ruled.
Kerr Fatou CEO Fatou Touray and Fatoumatta Drammeh stand accused of unauthorized publication of proceedings at the Children’s Court contrary to Section 73(1) punishable under Section 73 (2) of the Children’s Act 2005.
