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Published On: Tue, Apr 23rd, 2024

Counsel Darboe Concludes Cross-Examination With PW6

In the trial of State Vs Ousainou and Amie Bojang, first Defense Lawyer Counsel Lamin J Darboe concluded his Cross-Examination with (PW6) Ebou Sowe, the detective from the Banjulunding Anti-Crime Unit before Justice Jaiteh at the High Court in Banjul.

Before the conclusion, here is a detailed narration of the Cross-Examination.

Counsel Darboe: Look at the entries of Exhibit D5, on the 12th September 2023 and tell the Court where you were?

Ebou Sowe: On this particular day, the Exhibit has 3 columns and the timings are 17:27, 17:51 and 21:24 and these 3 locations are Serrekunda and Bamboo respectively.

Counsel Darboe: On the 13th September you went with the team that left anti-Crime for Brufut is that correct?

Ebou Sowe: Yes that is correct.

Counsel Darboe: and from Brufut you returned back to the Anti-Crime?

Ebou Sowe: Yes we returned to Anti-Crime.

Counsel Darboe: If you look at the entries for the 12th September 2023, to the 13thSeptember 2023 were you anywhere on the scene of the Incident according to your telephone number?

Ebou Sowe: My lord as per this call log the location does not show the Crime scene as it is not my official phone line. It is my personal line and Brufut junction on the call log has to do with my movement on that particular night.

Counsel Darboe: But you were at the Brufut junction weren’t you?

Ebou Sowe: Yes I was.

Counsel Darboe: But even though you were at the Brufut junction this was not your official line but it shows you were at the Brufut junction

Ebou Sowe: That is why the log you could see on the 13th September 2023 is only SMS indicating it was casual and nothing to do with y professional life.

Counsel Darboe: But the Africell log also shows you at your station which is the Banjulunding Anti-Crime headquarters 

Ebou Sowe: Yes that is correct.

Counsel Darboe: So the reason why there is nothing there about the Traffic Lights is because you were never there

Ebou Sowe: My lord, this is a call log and if I did not receive any calls or SMS in that particular place it will definitely not indicate my location but my Qcell line will indicate that I was at the Crime scene.

Counsel Darboe: I am putting it to you that Commissioner Sowe (PW5) was never at the Crime scene

Ebou Sowe: He was at the Crime scene.

Counsel Darboe: I am also putting it to you that Ismaila Bojang (PW1) was never at the Crime scene 

Ebou Sowe: That is not correct, because I met him at the Crime scene.

Counsel Darboe: I am further putting it to you that (PW2) Bakary Jarjue was not at the Crime scene 

Ebou Sowe: That is also not correct, I met the said witness at the Crime scene.

Counsel Darboe: Have you met Omar Jallow at the Crime scene?

Ebou Sowe: Yes I equally met him at the Crime scene.

Counsel Darboe: Can you apologize to the first accused for fabricating stories against him?

DPP A.M Yusuf Objected to that and asked Defense Counsel to reframe his question. The question was overruled by Justice Jaiteh. 

Counsel Darboe: Among the 3 Military Officers how many of them did you interact with at the Crime scene?

Ebou Sowe: All of them.

Counsel Darboe: How many of them handed any Exhibits to you?

Ebou Sowe: only 1 of them.

Counsel Darboe: who was that one?

Ebou Sowe: it was Bojang (PW1).

Counsel Darboe: What did he hand over to you? Do you recall?

Ebou Sowe: 2 empty cartridges.

Counsel Darboe: Why did they think you were the Commissioner?

Ebou Sowe: It was not about that, I was the one that directly interacted with them.

At this juncture Counsel Darboe was done with the witness.

Counsel A. Sillah for the second accused, asked a few questions to the witness (PW6) Ebou Sowe. 

Counsel Sillah: Mr Sowe, can you tell the court, how long you have been a Police Officer?

Ebou Sowe: 9 Years, from 2016 to date.

Counsel Sillah: Can you tell the court, on the 12th September 2023 how many officers constituted the panel?

Ebou Sowe: My lord, I don’t know the exact number.

Counsel Sillah: I am putting it to you that you did not play an active part in the formation of the panel.

Ebou Sowe: I did not take part in the formation.

Counsel Sillah: Would you be able to tell the court, how long did the Investigation into the alleged Murder take?

Ebou Sowe: It was from September to late November.

Counsel Sillah: I am putting it to you that you did not take any active part in the conduct of the Investigation.

Ebou Sowe: My lord, that is not correct I took active part in the Investigation

Counsel Sillah: If you say you took an active conduct, can you tell the court what the panel did after the Investigation?

Ebou Sowe: Came up with a complete case file that was forwarded for prosecution.

Counsel Sillah: If you said complete case file was there no Investigation report in your case file?

Ebou Sowe: There was.

Counsel Sillah: Where is the said Investigation case file?

Ebou Sowe: It was in custody of Supertendent Cham.

Counsel Sillah: Can you provide the Investigation report to the court?

Ebou Sowe: I cannot provide, it is not in my custody.

Counsel Sillah: You told the court things were handed to you, can you tell the court what?

Ebou Sowe: two cartridges were handed to me

Counsel Sillah: Can you recall what they look like?

Ebou Sowe: They are Silver.

Counsel Sillah: What’s the size of the cartridge?

Ebou Sowe: I cannot tell, as that is not my area to determine.

Counsel Sillah: I am putting it to you that the Investigation that you guys conducted was not done correctly and in line with the law.

DPP Objected with the question highlighting that whether the Investigation was in line with the law that should be determined by the court. Justice Jaiteh ruled out the question.

Counsel Sillah: Tell the court what the recommendation of the panel was after the investigation were completed?

Ebou Sowe: It was for the 1st Accused to be prosecuted.

Counsel Sillah: Can you tell the court whether any of the witnesses saw the 2ndaccused at the Crime scene?

 Ebou Sowe: We don’t have any information like that.

Counsel Sillah: Can you tell the court what the investigation panel did with the gun found at the Crime scene?

Ebou Sowe: The gun was not found at the Crime scene, I did not say that in court what I said was it was found at the 1st accused’s escape route and the gun was sent to the headquarters for ballistic examination.

Counsel Sillah: Were fingerprints taken on the said gun to ascertain the user of the gun?

Ebou Sowe: That was not my responsibility.

Counsel Sillah: I pit it to you that since you know nothing about the fingerprints and also you do not know how many people made to the panel then you know nothing about the investigation.

Ebou Sowe: What you are asking about is for the experts, which is why everything is taken to them. That is not my responsibility.

Counsel Sillah: Everything you told the court had been fake and you are being economical on the truth.

 Ebou Sowe: All I said before this honorable court is nothing but the truth.

Counsel Sillah: Would you be able to tell the court how the perimeters of the crime scene were preserved?

Ebou Sowe: It was preserved by using the policing type.

Counsel Sillah: Were you there at the time?

Ebou Sowe: Yes.

Counsel Sillah: Was the escape route preserved as well?

Ebou Sowe: No, they only preserved the crime scene, not the escape route. How can they preserve the road

Counsel Sillah: I am putting it to you that you do not know anything about the case since you were not the one that preserved the crime scene.

Ebou Sowe: The preservation was done by the serious crime Officer and I am not part of that department.

Counsel Sillah: I am putting it to you that all the correct procedures during the investigation.

Ebou Sowe: All the required procedures were followed.

The case was then adjourned to 23rd April at 2:15 for re-examination of PW6.

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