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Published On: Tue, Apr 16th, 2024

1st Defense Lawyer Continues Cross-Examination Of PW6

In the Murder case of State VS Ousainou and Amie Bojang, the lawyer of Ousainou Bojang Defense Counsel Darboe continued his cross examination with Ebou Sowe (PW6) at the High Court before Justice Jaiteh.

Counsel Darboe: You said that PW4, Mr Fofana said he wrestled the alleged shooter down is that correct?

Ebou Sowe: Yes very well.

Counsel Darboe:  The group of people that were chasing the alleged shooter, how far back were they when Mr Fofana was wrestling the alleged shooter?

Ebou Sowe: I would not know the distance, as I was not present.

Counsel Darboe: But if you saw the people chasing him they must have been within see sight

Ebou Sowe: I still cannot confirm that as I was not present.

Counsel Darboe: Among those chasing him were there trained Military Officers namely Mr Bojang, Jarjue and Jallow is that correct?

Ebou Sowe: Yes as per the information they provided to the Investigators.

Counsel Darboe: Not withstanding the fact that the alleged shooter was wrestled down they still could not catch him, is that correct?

Ebou Sowe: Yes he was not caught at that time.

Counsel Darboe: I am putting it to you that he was not caught because they were not chasing him, they were not there.

Ebou Sowe: Yes he was not caught, but the said Military Officers were present at the Scene.

Counsel Darboe: Would it surprise you to know that, (PW4) Mr Fofana said that he could not catch the person who was running?

Ebou Sowe: Yes that is correct, because he was not caught.

Counsel Darboe: Well I am putting it to you that if he wrestled him down then he must have caught him its just that he escaped.

Ebou Sowe: Wrestling him down and capturing him are quite different.

Counsel Darboe: You said that the person who was running away threw an Object at Mr Fofana is that correct?

Ebou Sowe: Yes that is correct as provided by Mr Fofana to the Investigators.

Counsel Darboe:Do you know if that Object was dismantled on impact because you mentioned that it hit a wall

Ebou Sowe: Well I don’t know, but when it was recovered it was dismantled

Counsel Darboe: Mr Fofana, (PW4) said he picked the gun and threw it into an empty land is that the case?

Ebou Sowe: That was not what he provided to the Investigators, he said he picked the pieces of the empty gun and walked into the empty land, I personally obtained that witness statement from him.

Counsel Darboe: How many pieces did he tell you he picked up?

Ebou Sowe: He said three pieces

Counsel Darboe: Do you know that your commissioner said there are only two pieces

Ebou Sowe:  That is his statement

Counsel Darboe: According to the Evidence that you saw yourself of the Assembled gun

Ebou Sowe: Personally what I saw was not all the pieces of the gun at the empty land.

Counsel Darboe: So you were there when the gun was recovered.

Ebou Sowe: I was there when it was found but I left before it was lifted by the Crime Scene Officers.

Counsel Darboe: Lifted from where?

Ebou Sowe: From the empty land where it was found.

Counsel Darboe: Why did you leave before it was lifted?

Ebou Sowe: I left with Mr Fofana because he said he knows someone who was part of the people chasing the accused person>

Counsel Darboe: Did you come back to the Scene at the empty land?

Ebou Sowe: No I never returned to that place that particular witness was picked and taken to Anti-Crime Unit.

Counsel Darboe: So do you know who picked this gun up?

Ebou Sowe: Not the particular person, but it was the Forensic Team and part of the team was Sergeant Gaye.

Counsel Darboe: How many telephone numbers do you have?

Ebou Sowe: I have 2.

Counsel Darboe: What is your other number, other than 368****?

Ebou Sowe: My lord, I would wish to write it rather than say it, if the court permits.

PW6 was then given a paper, to write his number.

Counsel Darboe: Which of them is an Official number, is it A or B?

Ebou Sowe: It is B 

Counsel Darboe: Have a look at this document and tell the court if that is your phone number?

Ebou Sowe: Yes it is.

Counsel Darboe: How do you recognize it?

Ebou Sowe: I saw my name as subscriber and the said telephone number.

Counsel Darboe: Without mentioning anything personal are the details in the front page correct?

Ebou Sowe: Yes they are.

Counsel Darboe applied to add the call logs of the witness associated with telephone number B as an exhibit in the case, along with a certificate from the GSM Company but DPP objected, as he said the document is a computer generated document.

He further argued that Omar Cham, the one who signed the document from Cell is not a Computer Analyst .Counsel Darboe told the Court that Omar Cham Is a Legal Officer at Qcell hence when this type of request comes to Qcell, it gets directed to him for him to provide it. He further argued that it is a record produced by Qcell, and as it was already in the Computer which was in an intact Condition at the time of generating the data.

Counsel Darboe urged the court to dismiss the DPP’s Objections as he emphasized that the information was already made and stored in the Qcell Call Log and simply required printing.

Justice Jaiteh highlighted that the document is relevant as the witness has associated himself with it hence the document was admitted into evidence as an Exhibit, the Call log was marked as exhibit D4 while the Certificate was marked as Exhibit D4A.

DPP AM Yusuf later informed the court that they would like to have the ruling in their favor instead and due to this reasons they would like to appeal the ruling and in response to that the Presiding Judge Justice Jaiteh asked him to print it out today.

The case was adjourned to today at 2:15

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