Gambiaj.com – (BANJUL, The Gambia) – Justice Ebrima Jaiteh of the High Court has overruled the defense counsel’s application to reject an ammunition report in the ongoing trial involving Ousainou Bojang and Amie Bojang, accused in the alleged shooting of three PIU officers at the Sukuta Jabang traffic light.
The defense team, led by Counsel LJ Darboe and Counsel O. Sillah, argued against the admissibility of the ballistic report presented by Director of Public Protection (DPP) Abdurrahman Maitama Yusuf. Their objection arose during the testimony of Major Bubacarr Bah, a military officer who conducted the ballistic examinations on the weapon used in the alleged incident.
Major Bah, serving as Prosecution Witness 12 (PW12), recounted that in September 2023, he received a request from the Gambia Police Force to conduct a ballistic examination on a small arm pistol. This request, dated September 27, 2023, was connected to an earlier examination of four pistol ammunition and three small pistol ammunition, including one live bullet that had not been fired. Bah conducted the examinations and provided a report dated October 10, 2023, which was subsequently sent back to the police.
During his testimony, Bah revealed that after conducting the examinations, he was out of the jurisdiction, and the report was signed by his junior officer, Major A. Dacosta, with a covering letter signed by Lieutenant Colonel Yerro Jallow. Upon his return, Bah checked and signed the report for his own records.
DPP Abdurrahman Maitama Yusuf requested that Bah identify and confirm the report, which he did. Yusuf then applied to tender the report as evidence, marking it as Exhibit 29. However, Counsel LJ Darboe objected, arguing that Bah was not the author of the report and that it was not signed by anyone directly involved. He insisted that Major A. Dacosta should be present to tender the report.
Counsel O. Sillah supported Darboe’s objection, noting that the report had two signatures from different officers. He argued that the report should be rejected due to the absence of Major Dacosta and the discrepancies in signatures.
In response, DPP Yusuf asserted that the report was authored and signed by PW12, and there was nothing contrary to the witness’s testimony. He emphasized the relevance of the document to the trial and urged the court to admit it into evidence, disregarding the defense’s technical objections.
Justice E. Jaiteh, after examining the report and considering the arguments, ruled that the test of admissibility is based on relevance. He noted that the report was signed by the ballistic officer and another officer on his behalf, thus overruling the defense’s objection and admitting the report as Exhibit P29.
The hearing continues today.
