Share this:

Like this:

Like Loading...
" /> Voice Out Digital
Published On: Fri, Dec 15th, 2023

PW5 Testifies To Not Hearing Audio Between PW3 And 1st Accused

Commissioner Momodou Sowe,(PW5) and head of Anti-Crime unit during his cross-examination in the state Vs Ousainou and Amie Bojang testified that he did not listen to the audio recording of PW3 (Mama Jabbie) and 1st Accused ( Ousainou Bojang) that she (PW3) had recorded during the 1st accused visit to her residence confessing to the killings of the 2 PIU Officers and one in Hospital.

Counsel Darboe inquired from Commissioner Sowe (PW5) if (PW3) Mama Jabbie’s audio conversation with the first accused (Ousainou) was with the exhibit keepers to which he (PW5) responded that he doesn’t know.

Counsel  Darboe put forward to PW5 (Commissioner Sowe) that If Mama Jabbie’s testimony is correct, it was a neglect of duty on his (Sowe) part that an audio record so central to this case wasn’t listened to by the head of the anti-crime unit.

At this point, DDP A.M. Yusuf objected to the question, stating that it was unfair to the witness since he was not present during Mama Jabbie’s testimony and was not informed about the existence of such an audio conversation.

DDP Yusuf A. M  added that “ on our record, according to Mama Jabbie (PW3), the phone she recorded the accused got spoiled and it was not with her. So the question is a trick question.” He urged the court not to allow the question as it has gone out of the facts.

Counsel  Darboe in response said in this era of instant communication, police officers investigating crimes must utilize all available sources, including personal information from phones and electronic communications like social media. He added that Mama Jabbie mentioned sending pictures and audio conversations with the first accused to the gendarmerie at Jululung. Is it fair for the commissioner to determine whether that audio is available to the police? He urged the court to allow the witness to answer the question.

The presiding judge Jaiteh ruled that the question was fair and straightforward and the witness is a seasoned police officer and ordered the witness to answer.

Commissioner Sowe (PW5) responded “It is not correct. As the head of the investigation panel, it is not my responsibility to determine if audio evidence is available. If the investigators find it useful, they will collect and preserve it. Since I’m not head of the investigation team, I cannot say if the audio is with the police or not. I have not listened to it.”

Counsel Darboe also questioned Commissioner Sowe(PW5) about Who called and provided information to him about the shooting at the Sukuta Jabang traffic light to which he(PW5) replied that it was his operational officer who called him.

When asked who that person is he( PW5) responded that it is Bubacarr M Bah, he was further asked whether he (PW5) recalled the time he was called but he responded “I may not be able to provide the exact time.”

Counsel J. Darboe also asked “Do you recall when you arrived at the crime scene?” PW5 (Sowe) replied “Yes, I do” Counsel J. Darboe further asked him to tell the court what time to which Sowe (PW5) replied “I arrived after 10 o’clock.”

Counsel J. Darboe also questioned him about the preservation of the crime scene and how it was done to which PW5 (Sowe) said “Police officers were deployed to protect the area of the crime scene.”

Counsel J. Darboe further suggested to Sowe (PW5) that there was no preservation at the crime scene but PW5 (Sowe) replied that the scene was preserved.

Counsel J. Darboe put forward to Sowe (PW5) that according to Ismaila Bojang and Bakary Jarju, the first and second state witnesses, the crime scene was taken over by eyewitnesses and curious onlookers but Sowe (PW5) replied that is their testimony.

Counsel J. Darboe moved on to talk about the empty bullet cases that were recovered by asking PW5 (Sowe) “Who recovered them?” and Sowe (PW5) responded “I may not know who exactly recovered them, but my operational officer, Inspector Bah, showed me the empty cases that were discovered at the scene.”

Counsel J. Darboe asked “What is an empty case?” and Sowe( PW5) replied “an empty case refers to a bullet that has already been fired.”

Counsel Darboe further said “You stated that certain items you recovered like for example canvas shoes, combat boots, jeans, and a haftan, are with your forensic officers or expert is that correct? ” and PW5 (Sowe) replied with a yes.

Counsel Darboe went on to enquire about the Commissioner’s Journey to Jululung by asking how many officers were in the three-vehicle convoy to Giboro to which Sowe (PW5) replied that he cannot tell the actual number.

Counsel Darboe also asked him (PW5) if he was the commissioner in charge of those three vehicles to Giboro to which he said yes to.He was also questioned about how many officers were on the journey to Jululung in one vehicle but he (PW5) said he may not remember the number.

Counsel J. Darboe asked “Do you recall the names of the officers?” But Sowe (PW5) said “I cannot recall them”, he was further asked if he was in the vehicle and he said yes. When asked who was the driver of the vehicle  he (PW5) said it was Abdoulie Bah.

Counsel J. Darboe also asked Sowe (PW5) if he remembers Officer Ollie Bobb and if she was in that vehicle and he said he remembers her and that she was in the vehicle.

He was also asked about others who were in the vehicle like Yerro Saidy and someone by the last name Njie but he ( PW5) responded that Yerro was not in the vehicle and also he (PW5) cannot remember any Njie but he informed that he was in the car along with Lamin Cham, and Ollie Bobb but he cannot remember the officers seated behind him.

Counsel J. Darboe also asked “between yourself, Lamin Cham, and Ollie Bobb, is it fair to say that you have 40 years of working experience?” But Sowe (PW5) responded “I know my length of service, and I did not serve 40 years, but I don’t know about the others.”

Counsel Darboe referred back to Sowe’s (PW5) testimony, by highlighting how he (PW5) mentioned that when he went to Brufut, where he recovered certain items from the home of the first accused person (Ousainou). So Who told him that the accused was wearing canvas shoes to which Sowe (PW5) replied that the accused person (Ousainou) said so.

Counsel J. Darboe further asked “who told you he was wearing combat desert boots?” Sowe (PW5) said “Witnesses at the crime scene said so, and the accused (Ousainou) said the same when he changed his statement from canvas shoes to combat desert boots.”

Counsel J. Darboe also asked “did anyone mention to you that the first accused was wearing jeans, the jeans you took from his workplace found in a bucket?” Sowe (PW5) replied “he led us to the bucket, nobody mentioned it to me.”

Counsel J. Darboe inquired whether any of the eyewitnesses told Sowe (PW5) about the accused wearing a grey haftan but Sowe (PW5) said that is not within his knowledge.

Counsel J. Darboe asked “Commissioner, with your extensive experience, is it correct that when the first accused confessed to you that he committed the killing, you should have recorded that?” To which Sowe (PW5) replied “Yes, police work follows procedures, and confessed statements are taken during the cautionary statement process, and his statement was recorded.”

Counsel J. Darboe further confirmed whether the confession was recorded in audio format but Sowe (PW5) responded that it wasn’t.Counsel J. Darboe further clarified “his confession to you in the vehicle was not audio recorded” to which Sowe further responded with a no. Counsel Darboe also asked “His confession was not video recorded either” Sowe (PW5) replied with a No.

Counsel J. Darboe further asked”You mentioned that the first accused shot at a vehicle, but it was intended for the third victim, WPC Nancy. Is that correct?” and Sowe (PW5) replied “That is not exactly how I put it, but I did mention something along those lines.”

Counsel J. Darboe asked about the location of the vehicle in relation to the crime scene and Sowe responded “If you’re approaching Jabang at the roundabout heading to Sukuta, it is located at the right corner of the roundabout.”

Counsel J. Darboe also asked if he had the registration number of the vehicle to which Sowe replied that It is recorded, but he cannot recall it off hand.Counsel J. Darboe also inquired if Sowe took a picture of the vehicle to which he (PW5) confirmed no, and that the forensic officers took pictures.

Counsel J. Darboe asked PW5 (Sowe) “When did you start questioning the accused? From Jululung to Giboro or from Giboro to the anti-crime headquarters in Banjul?” Sowe (PW5) replied that “It was from Giboro to Banjulinding”.

Counsel J. Darboe inquired “So, from Jululung to Giboro, none of you spoke to the accused (Ousainou) all of you were sitting quietly?” But Sowe replied “the suspect was handed over to us at the border by the Gendarmerie.”

Counsel J. Darboe asked “When you arrived at the anti-crime headquarters, you and your team went to Brufut. Who were the members of the panel of investigation, the team of investigators?” Sowe replied “I was part of it, along with Lamin Cham, Ollie Bobb, Kebba Darbo, Pateh Bah, and several other officers. I may not be able to remember all but a good number of officers were there.”

Counsel J. Darboe inquired if Mama Jabbie was also part of the team of investigators Because she went with them to Brufut  but sowe replied that he cannot tell because he was in the lead vehicle.

Counsel J. Darboe: asked Who recovered that gun, Sowe replied that the forensic officers did when asked In what condition did they discover the gun Sowe (PW5) said he saw the gun lying on the ground, and the upper sling was apart

Counsel J. Darboe inquired about who informed the forensic officers, and Sowe replied that “Yes, the forensic team collects it. Normally, when the investigation gets relevant information about a case in hand when they arrive at the scene and confirm that there is evidence to be collected, the forensic team will come and collect the exhibit.”

Counsel J. Darboe asked “How many pieces was the gun when you saw it?” Sowe replied “I saw two pieces.” Counsel J. Darboe inquired if the gun had been tested for fingerprints but Sowe responded that is not his area of expertise.

Counsel J. Darboe further asked Sowe of whether anyone had informed him that they saw a gun in an empty garden but Sowe responded “No, one of the members of the investigation panel informed me.”

Counsel J. Darboe asked “What type of gun was it?” And Sowe replied “ I cannot tell. Only a ballistic expert can determine that.” He was also asked if it is the type of gun provided by the government to security officers and Sowe said he does not know.

Counsel J. Darboe also asked Sowe if his officers carry guns and what type to which Sowe responded yes and that it’s an AK47. Counsel J. Darboe put forward to Sowe that the accused never talked to him about using any gun or killing the officers but Sowe responded “That’s not right.”

Counsel J. Darboe further said  the accused didn’t talk to him (PW5) about killing or injuring anyone because there is no evidence but Sowe (PW5) still said “That is not true.”Counsel J. Darboe further put forward that on the 12th of September, the accused was nowhere near the Sukuta Jabang traffic light but Sowe ( PW5) denied that.

Counsel J. Darboe still put forward to Sowe (PW5) that as a police officer, he should provide objective evidence. “Can you show us evidence that the first accused told all this in order than your words?” to which Sowe (PW5) replied “My testimony is the evidence.”

Counsel J. Darboe further said “I’m putting it to you that the accused went to jululung to get prayers from marabouts about difficulties from his white wife and he said the same thing to Mama Jabbie and that’s why that audio confession (audio conversation between Mama and Ousainou) was not tendered. Finally, you should go and find the suspect and the first accused (Ousainou) has nothing to do with this. You should find the real suspect.”

 DDP A.M Yusuf Objected saying the police are not sitting on to any audio.

Sowe (PW5) replied “ I have no idea.”

Counsel J. Darboe further said “Am putting it to you that the first accused has nothing to do with the incident.” But Sowe (PW5)  replied “ That’s your opinion.”

At this point, Counsel J. Darboe closed his cross-examination. And Counsel H. Farage, representing the second accused, Amie Bojang, took the floor to cross-examine the witness, Commissioner Sowe.

Counsel Farage asked Commissioner Sowe (PW5)  what his designation was in the team at the scene to which Sowe (PW5) replied he is the Commissioner of the Anti-Crime Unit in charge of the police unit.Counsel Farage further asked who were the security officers present at the alleged crime scene and sowe (PW5) responded that his officers were there, as well as others who claimed to have witnessed the incident and various security services.

Counsel Farage asked Sowe (PW5) about how the crime scene was preserved when he was only informed about the shooting on his way home and Sowe replied that it is the duty of police officers to preserve the crime scene when an incident occurs.

Counsel Farage asked Sowe (PW5)  about when the first accused told him that the second accused facilitated his escape, Sowe replied that he was interacting with Ousainou from Giboro to Banjul. Counsel  Farage asked “Was it formal or informal information?” Sowe (PW5) said “There’s nothing like formal or informal, I was on duty.”

Counsel  Farage asked “What is the procedure you use to take the accused person’s statement? Are you familiar with the procedure of statement-taking from an accused person, or what is the procedure of questioning an accused or suspect?” Sowe replied “It is done through questioning or an interview.”

Counsel  Farage further asked where the questioning was done and Sowe responded anywhere suitable depending on the circumstances.Counsel  Farage also asked if that statement was recorded in the accused person’s statement and Sowe replied yes.

Counsel  Farage asked whether the recording was done in the car or at the police station and Sowe replied that the cautionary statement was taken in the office. Counsel Farage also said “Who narrated the statement at the office? Was it recorded by the accused in front of an independent witness, or was it narrated by you?” and Sowe replied “the accused himself narrated it, but it was recorded in the office.”

Counsel Farage also asked Sowe when he gave his statement to which he (Sowe) replied that it was given after the conversation with Ousainou. When also asked by Counsel Farage on which date and time the statement was taken Sowe said he cannot remember but the date is mentioned in his statement.

Counsel Farage also asked him(PW5) who wrote his statement, he (PW5) responded that it was written by himself. Counsel  Farage asked “apart from the statement that the second accused helped him escape, did he tell you anything about the incident?” Sowe stated “No, I can’t remember.”

Counsel  Farage said “I’m putting it to you that the first accused called his elder sister to inform her that he has a problem with his white lady and wants her (the second accused) to take him to Darsilama he wants to go to Cassamace and this statement collaborated with your testimony that Ousainou told you he has a problem with his white lady.”

DPP A.M. Yusuf Objected saying when Counsel is quoting the witness he should not paraphrase but quote directly. Meaning he should be quoted directly, not paraphrased.

Sowe responded that he has no idea.

Counsel Farage further asked Sowe whether he interrogated the sister (Amie Bojang) to which he (PW5) said he had a conversation with her, but it wasn’t an interrogation.Counsel  Farage further asked what the conversation was about to which Sowe (PW5) said  It was about what Ousainou told them, that his sister helped him leave the jurisdiction.

Counsel Farage asked “What was the sister’s response?” and Sowe (PW5) replied “She admitted to it.” Counsel Farage further pressed on whether the Confession was recorded and Sowe said her Cautionary statement was taken.

Counsel  Farage asked “ What was she charged with?” and Sowe said “I don’t see the charge.” Counsel  Farage further asked about what she said and Sowe said she admitted to helping her brother escape.Counsel Farage asked where that conversation took place and Sowe responded it was at the Office.Counsel  Farage asked whether it was in his presence and Sowe said it was not in his  presence, but his  junior officer informed him later.

Counsel Farage also asked Sowe “Were you not part of the investigation team?” to which Sowe responded “No, I wasn’t part of the investigators, but the officers worked under me.” Counsel Farage asked “Were you present when she confessed?” Sowe said “No, but she said it at the office.”

Counsel Farage said “ I’m putting it to you that the second accused gave her statement and vehemently denied the offense alleged to her.” Sowe replied “that’s her right.”Counsel Farage further said “I am telling you she denies your statement that she confessed to helping Ousainou.” and Sowe said “no, she confessed.”

At this point, the second defense counsel applied to tender the voluntary and cautionary statements into evidence, which was admitted by the court without objection from the DPP or the counsel for the first accused. The documents were marked as DD1 and DD2.

Counsel  Farage asked Sowe to look at the voluntary statement DD2 and read what is stated there Sowe read, “I deny, I did not agree with the charges against me.”

Counsel  Farage said “I’m putting to you that the second accused knew nothing about the alleged crime that the accused was charged with before this court when the first accused called and told his sister to take him to Darsilami for the white lady issue, she only knew about the incident when she was arrested.” Sowe responded “That’s not correct.”

At this point, Counsel Farage has no further questions for the witness, and the presiding Judge Justice Jaiteh discharged the witness and adjourned the case to 18th December for the testimony of the sixth state witness

About the Author

Leave a comment

XHTML: You can use these html tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

unemployment tax management