Gambiaj.com – (BANJUL, The Gambia) – In a significant ruling at the Banjul Magistrate’s Court, Principal Magistrate Muhammed Krubally admitted crucial audio evidence contained on a flash drive. The audio, which features a man speaking in the Mandinka language, was accompanied by a certificate, a mobile phone, and a transcription, all of which were accepted as evidence.
The case in motion features Ebrima Dibba who is arraigned before Principal Magistrate Muhammed Krubally on charges of seditious intention under Section 51, subsection 1 of the Criminal Code. The charges stem from a WhatsApp audio Dibba allegedly published in May 2024, in which he called the President “greedy” and “immature,” among other derogatory terms.
Magistrate Krubally explained that the arguments in court centered around the admissibility and relevance of the documents. He affirmed that the prosecution followed proper procedures in tendering the documents and that the witness had correctly downloaded the audio onto the flash drive.
“It is good practice to admit documents or evidence first, especially when they meet legal guidelines,” Magistrate Krubally stated. “If the court rejects it, both the defense and the court could miss the opportunity to understand its content. Therefore, the audio’s relevance makes it prudent to be curious about its content.”
The Magistrate emphasized that the prosecution’s application to tender the flash drive and related documents was a genuine invitation for the court to examine and listen to the audio. This process is essential for reaching a fair and just conclusion. Consequently, the court found the documents relevant and admitted them as evidence.
Lawyer Bory Touray expressed satisfaction with the ruling and requested copies of the flash drive, certificate, and transcription for the defense. Commissioner Sanneh complied, providing the necessary documents to the court and the prosecution.
Following the ruling, Assistant Superintendent Mberry Touray, a prosecution witness, resumed his testimony. When questioned, he confirmed that he could recognize the audio. Commissioner Sanneh then played the audio in open court, revealing a man criticizing President Barrow’s comments.
Under cross-examination, Lawyer Touray queried the witness’s methods for identifying the voice. The witness admitted using only his phone to play the audio and had no formal training in voice identification.
The prosecution requested the return of the iPhone, marked as EXHIBIT C, to the witness, arguing that the essential evidence was now contained on the flash drive. However, Lawyer Touray objected, stating that the phone was a court exhibit and no law allows for its withdrawal. He suggested that if the phone were vital to the prosecution, they should provide the witness with a new one.
Magistrate Krubally ruled that the phone would remain in court custody until the trial concludes. The case was adjourned to Monday, 8 July 2024, for further evidence from the prosecution.
