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Published On: Tue, Apr 16th, 2024

Defense Counsel Applies To Tender Call Logs Into Evidence

In the Murder trial of State Vs Ousainou and Amie Bojang, the Defense Counsel for the first accused Lamin J Darboe applied to tender the call logs of (PW6) Ebou Sowe from Africell into evidence in court.

Counsel Darboe told the court Africell supplied them with the Call Logs after a summons was served to them in the afternoon. He highlighted that the Call Log is accompanied with  a certificate signed by Abubacarr Jallow.

DPP AM Yusuf objected for the call log to be tendered into evidence, as he highlighted that it is a  Computer Generated document as he further urged the court to reject the tendering of the document.

To that Defense Counsel Darboe told the court that what is being dealt with a crime of great gravity, and Africell deemed it necessary to send Mr Jallow who wasn’t appearing before the court for the first time as he had appeared before in the court to give evidence .Counsel Darboe further expressed that a surmons was sent to the Chief Executive of Africell  who deemed it necessary to send Mr Jallow as this document is important in this matter hence he urged the Court to disregard the DPP’s arguments and admit the document into evidence.

Justice Jaiteh in his ruling, highlighted that he had heard both the DPP and the 1stDefense Counsel’s arguments and citing just two issues which is if the Call Log is Computer Generated and if the Call Log meets the requirements to be admitted into evidence. Going by the Evidence Act says about Computer Generated.

Justice Jaiteh expressed that the Call Logs are not Computer Generated as there are no calculations involved instead it is just printouts involving Calls made by the Witness’s telephone number.

Justice Jaiteh also expressed that going by whether the Call Log meets the requirements to be admitted into evidence, Jaiteh said yes, because the witness has associated himself with the number and identified it as his hence the Call Log meets the requirements and as the Call Log is relevant to this case it was marked and admitted into evidence. The Call Log as exhibit D5 and the Certificate as exhibit 5A.

Continuing the cross-examination of PW6 and 1st Defense Counsel Darboe

Counsel Darboe: On the 14th September 2023, were you part of the Police Officers who took the 1st Accused to Brufut and other places?

Ebou Sowe: Yes I was part of the team.

Counsel Darboe: When you left the Anti-Crime on the 14th, where did you go?

Ebou Sowe: We went to his residence in Brufut.

Counsel Darboe: Where else did you go to from Brufut?

Ebou Sowe: No where apart from Brufut.

Counsel Darboe: Did you at any time, went to Sukuta Police Station with the 1st Accused?

Ebou Sowe: I have never been to Sukuta Police Station with the accused during the entire investigation.

Counsel Darboe: When did you visit the empty land where the empty gun was alledgly found with the 1st Accused?

Ebou Sowe: The very first day he was arrested, he took us through his escape patterns and the empty land was in that said area.

Counsel Darboe: So you did not go with the 1st Accused to that empty land on the 14thSeptember?

Ebou Sowe: I cannot remember being part of any team that went with the accused to that place on the 14th September.

Counsel Darboe: Yesterday you did confirm that telephone number A belongs to you

Ebou Sowe: Yes that is correct.

Counsel Darboe: And telephone number A is an Africell number, is that correct?

Ebou Sowe: Yes that is correct.

Counsel Darboe told the court that he had a Call Log print out from Africell from  the phone number A dated from 1st September to 30th September.

Counsel Darboe: Mr Sowe can you have a look at the call log and tell the court if the 2nd number on the very first line is your Africell number, referred to here as phone number A.

The document was given to Ebou Sowe for him to look at

Ebou Sowe: Yes the second number is mine,

Counsel Darboe: And nobody other than you uses that number?

Ebou Sowe: As far as I know it is my Africell number.

Counsel Darboe: Look at exhibit D5 on the entry dated 12th September 2023, and tell the court where you were according to the Call Logs?

Ebou Sowe: My lord, Call Logs of 12thSeptember indicates from 17:27 to 21:25location indicates Serrekunda Market and Bamboo.

Counsel Darboe borrowed document marked D4

Counsel Darboe: Can you look at exhibit D4 page 9 and tell the court where you were at 20:54 on the 12th September 2023?

Ebou Sowe: My lord, the Call Log indicates Bakoteh.

Counsel Darboe: So Mr Sowe I am putting it to you that you were no where near the traffic lights on the 12th September 2023.

Ebou Sowe: My lord that is very wrong I will also refer to exhibit to substanciate that claim on page 10 which shows at 22:34 I was at Bakoteh at 22:39 I was in Bureng that is an interval of 5 minutes my lord which will show this document exhibit D4 is inaccurate for the simple fact that logic would not even dilate that within 5 minutes I could be in Bakoteh and then to Bureng in the next 5 minutes.

At this point time was up and the court was adjourned to the 22nd of April 2024 at 2:15pm for continuation of cross-examination of PW6 by 1st Defense Counsel.

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