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Published On: Tue, Dec 5th, 2023

Defense Lawyer claims Mama Jabbie’s story was “Fabricated “

Defense lawyer Darboe during Cross-Examination of Mama Jabbie In alleged Sukuta- Jabang Shooting told Mama that her claim that Ousainou told her he killed two officers and injured one at the hospital is a fabricated story against Ousainou (Accused Person) to get One Million Dalasi (D1,000,000) promised by the President.

The State counsel objected to the question stating that it was an insult to the witness as he made citations from the Evidence Act. The presiding Judge allowed the question but Mama Jabbie denied fabricating any story.

Defense Lawyer Darboe put to Mama (the witness) that the statement she made in court, apart from her age, occupation, and address in Sukuta, is purely imaginary, including her evidence during examination-in-chief. In response, the witness affirmed that everything she stated in court was factual, emphasizing that she had taken an oath on the holy Quran, and she will stand by her testimony anywhere she was questioned.

Defense Lawyer Darboe moved on to ask Mama Jabbie about one Musa Camara, an employee of GRA who she said was the person she called to inform about the alleged police shooter.

Mama Jabbie confirmed to the court that she knew Musa Camara’s mother, whose name she stated was Maimuna Barrow, a resident of Yundum Yarambamba.

When Lawyer Darboe asked if the witness was related to President Barrow, State Counsel A.M. Yusuf objected claiming that the answer would be hearsay. Defense lawyer Darboe argued that the question aimed to elicit factual evidence.

Presiding Judge, Justice Ebrima Jaiteh overruled the objection and held that the question sought to bring out facts.

Mama Jabbie answered that Maimuna Barrow is related to the President. Defense lawyer Darboe further questioned Mama Jabbie about the details of their relationship, to which the witness responded that they are related through both parents.

Defense lawyer Darboe told the witness that her testimony under cross-examination contradicted her initial testimony during evidence-in-chief. During her testimony, Mama Jabbie had earlier denied knowing how Musa Camara’s mother is related to the President. The witness said she never said that she did not know President Adama Barrow’s relationship with Musa Camara’s mother even though the Lawyer read her testimony to her.

Defense lawyer Darboe asked Mama Jabbie about her visit to Mankamang Kunda, President Adama Barrow’s hometown in the last three months to which Mama Jabbie stated that she could not remember. Defense lawyer Darboe then put to her (Mama Jabbie) that she was physically present in Mankamang  Kunda on 30 September 2023, 1 October 2023, and 12 October 2023. Defense lawyer was making reference to her call records. Mama Jabbie denied that saying she only passed the village to attend a burial. She stated that she couldn’t remember going to Mankamang Kunda.

Defense lawyer Darboe informed the court that they had a witness from Qcell, Omar Cham, a legal officer at Qcell, who tendered the call records of Mama Jabbie’s Qcell number. There was no objection from the State counsel, and the court admitted and marked the document into evidence. Omar Cham was discharged and Lawyer Darboe proceeded to cross-examine Mama Jabbie.

Defense lawyer Darboe asked Mama Jabbie about removing her SIM card due to insults received through her phone to which Mama Jabbie stated that she removed her Qcell and Africell SIM cards because of the insults she had received after divulging the information on social media about the incident. She informed the court that she stopped using her Qcell two months ago while her Africell sim too was removed.

Defense Lawyer Darboe told Mama Jabbie that she was using her Africell SIM card recently, but Mama Jabbie denied it. Defense lawyer Darboe requested exhibit C1 from the court and said the call logs from Africell showed that she was using her phone until 22 November 2023. Mama Jabbie maintained that she was not using it.

Defense lawyer Farage for the second accused (Amie Bojang) then took over for the cross-examination and questioned Mama Jabbie about Ousainou Bojang borrowing her phone to call his sister. Mama Jabbie confirmed that he had asked to borrow her phone.

Defense lawyer Farage asked Mama Jabbie about the timing of the event, and she stated that it occurred on a Wednesday at 14:00. He then inquired about the time Yai Faal (Mama’s) received a call from the chef de garage, to which Mama Jabbie responded that it was the same time as Ousainou’s arrival.

When asked about the message Yai Faal received during the call, Mama Jabbie stated that the chef de Garage informed her that Ousainou was coming.

Defense lawyer Farage requested Mama Jabbie’s statement and read from it, stating that Mama Jabbie told the police that a call came from the chef de Garage directing a person for marabou work but Mama Jabbie denied that part of the statement.

Defense lawyer Farage questioned Mama Jabbie about the arrival of Ousainou with a motorcycle, which contradicted her previous statements. The State counsel objected, claiming that this question contradicted the witness’s evidence without specifying it. The presiding Judge ruled that the court would determine the factuality of the statement.

Defense lawyer Farage asked Mama Jabbie about reading of her statement before signing it to which Mama Jabbie confirmed that it was read to her.

When asked what Ousainou told her when borrowing the phone, Mama Jabbie stated that he said he was going to call his sister. When pressed about which sister, Mama Jabbie said she does not know.

Defense lawyer Farage pointed out that Mama Jabbie’s statement indicated that Ousainou borrowed her phone to call his family, not just his sister. Mama Jabbie explained that she did not say that but instead it was how the statement was written.

Defense lawyer Farage highlighted the discrepancy between Mama Jabbie’s testimony and her statement, arguing that the statement was not factual. The State counsel objected, stating that the court would determine the factuality of the statement. The objection was overruled, and Mama Jabbie confirmed that she told the police about Ousainou borrowing her phone to call his sister not family.

At this point, the defense concluded his questioning, and Mama Jabbie was discharged. The case was adjourned until December 5th 2033 at 10:00 for fourth state witness.

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