Gambiaj.com – (BANJUL, The Gambia) – In a heated court session on Wednesday, Senior Lawyer Abdul Aziz Bensouda raised objections to the admissibility of an audio recording contained in a flash drive, arguing against its validity. However, Commissioner of Police Abdoulie Sanneh dismissed the objections as futile.
The court heard from the prosecution witness, Assistant Superintendent (ASP) Mberry Touray, who explained that the flash drive contains an audio recording of a man speaking in Mandinka. ASP Touray, holding a master’s degree in software engineering and working in the police IT Unit, recounted that in June 2024, he was instructed to assist in an investigation. He transferred the audio from a CID officer’s phone to his computer and then onto a USB flash drive, certifying the process.
Representing the Inspector General of Police were Commissioner Sanneh, Deputy Commissioner M. Jarju, Superintendent Almameh Manga, ASP Yaya S. Colley, and ASP Fatou F. Kujabi. On the defense side, Senior Lawyer Abdul Aziz Bensouda, Lawyer Ya Kumba Jaiteh, and Senior Lawyer Borry S. Touray represented Ebrima Dibba.
The defense objected to the admissibility of the flash drive, certificate, and iPhone submitted by Commissioner Sanneh. Lawyer Bensouda argued that the storage device must be presented in court to allow the defendant and the court to review its content. He cited a precedent case, Alagie Sarjo Sissoho vs. Northern Association Cooperation Ltd, where the court required the media devices to be played for all parties to hear and potentially raise objections.
Bensouda further argued that the defense was unaware of the audio’s speaker, content, language, and creation date. He emphasized that the prosecution should have provided a transcription with details of the speaker, language, and translation if applicable. The absence of such a transcription and the sealed envelope containing the flash drive, according to Bensouda, denied the defendant a fair hearing.
Commissioner Sanneh countered Bensouda’s objections, asserting that a proper foundation was laid for the evidence under section 22 of the Evidence Act. He argued that the court must first admit the evidence before its contents are disclosed. Sanneh maintained that the witness, ASP Touray, clearly stated that the audio featured a man’s voice speaking in Mandinka and that the procedure followed was documented in the certificate.
Sanneh defended the relevance of the evidence, stressing that the certificate was appropriately signed and dated, and highlighted ASP Touray’s expertise and the proper handling of the audio. He urged the court to overrule the defense’s objections, arguing that they failed to provide compelling reasons against the evidence’s admissibility.
The court has adjourned the case to Thursday, 4 July 2024, at 2:15 pm for a ruling on the matter.
