Gambiaj.com – (BANJUL, The Gambia) – The High Court has admitted an audio recording and its English transcription into evidence in the ongoing trial of Ousainou Bojang and co-accused Amie Bojang, overruling objections raised by the Director of Public Prosecutions (DPP).
The defense had tendered a flash drive containing the audio, originally recorded in a local language, alongside its transcription, and served copies on both the prosecution and counsel for the second accused.
The DPP objected, arguing that the certificate accompanying the material did not comply with Section 22 of the Evidence Act, 1994. The prosecution further maintained that because the audio, sourced from YouTube, did not mention prosecution witness Mama Jabbie or the first accused, it required strict certification.
Presiding Judge Justice Ebrima Jaiteh dismissed the objection, delivering a detailed clarification on what constitutes “computer-generated evidence” under Section 22.
He noted that the provision applies only to information produced through computational processes, including calculations, comparisons, or algorithmic outputs, not to recordings merely stored or transferred using a computer.
“The audio in question is not a product of computational processing. It is a recording stored on a flash drive and later transcribed into English by human effort,” Justice Jaiteh ruled. “Its relevance and accuracy, not the certificate, are what carry probative value in this court.”
He added that while a certificate may serve an administrative function, it does not determine the authenticity or reliability of the evidence.
He reaffirmed the principle that relevant evidence is admissible unless expressly excluded by law and that both the recording and the transcription clearly bear relevance to the matters before the court.
Following the ruling, the flash drive and transcription were admitted as Exhibit D38. Justice Jaiteh noted that the weight and credibility of the evidence will be evaluated as the trial proceeds.
Both accused persons were present in court during the ruling, along with counsel for the defense and prosecution.
