The third State Witness Mama Jabbi was cross-examined by Counsel Lamin J. Darboe in the trial of Ousainou Bojang who is accused of Killing the two officers and injuring one while the sister helped him to escape the Jurisdiction.
During the last adjournment, Counsel J. Darboe requested the production of Mama Jabbi’s call records from Africell and Qcell, which was granted by the Court. The Africell call records were tendered as Exhibit C1, and a data analyst from Africell named Abubacarr Jallow brought the documents to the court. Counsel J. Darboe and Faraje confirmed the authenticity of the documents without objection.
However, the state counsel, the Director of Public Prosecution, objected to the document, citing the Evidence Act’s Section 22 regarding the admissibility of computer-generated documents. The Presiding Judge, Jaiteh, overruled the objection, stating that the computer’s calculations were advanced and the information provided was accurate.
Counsel J. Darboe proceeded with the cross-examination, starting from the previous proceeding on November 28th, 2023. He asked Mama Jabbi if she had made a statement with the police regarding the matter, to which she replied affirmatively, stating that she made the statement at the anti-crime unit. When asked about the timing of the statement, Mama Jabbi mentioned that she couldn’t recall the exact date. Similarly, she couldn’t remember how many days after her return from Jululung to The Gambia she had made the statement.
She confirmed that she had provided her name as Mama Jabbie, her address as Sukuta, and her occupation as a housewife when asked by Counsel J. Darboe. She also confirmed providing two telephone numbers: 7837790 and 3829711. Mama Jabbi explained that she had removed the SIM cards due to receiving insults from people.
Counsel J. Darboe inquired about Mama Jabbi’s age 36 as she provided in her statement, to which she responded that she may have said that age but couldn’t remember. He (Counsel J. Darboe) further asked if she thumbprint the statement after it was taken, to which she answered affirmatively, adding after thumbprint she left the statement with the police, and Counsel J. Darboe applied to tender the statement as defence Exhibit, with no objection from the state counsel or the second defence counsel. The statement was marked and admitted as Exhibit D3.
Counsel J. Darboe then asked Mama Jabbi about her claim that the accused met her at 2 pm in Jululung and she had taken a picture of him (Ousainou Bojang). Mama Jabbi confirmed both, stating that she had taken a picture of Ousainou Bojang. She further revealed that she had recorded her conversation with him, but she left the room and made a call when Ousaious Bojang allegedly confessed to killing someone.
Counsel J. Darboe asked if she had the audio recording with her, and Mama Jabbi explained that she had deleted her WhatsApp due to receiving insults, so she no longer had the recording unless it was with someone else. Counsel J. Darboe asserted that the audio was circulating on the internet, but Mama Jabbi replied that she wasn’t aware if that was the case.
The cross-examination continued with questions about a police officer who called Mama Jabbi from The Gambia when Musa relayed her information about apprehending the accused in Jululung. Mama Jabbi clarified that she called Musa herself and no Gambia police officer contacted her. Counsel J. Darboe then inquired about when the accused had asked to use her phone as alleged by Mama in her statement, to which Mama Jabbi explained that it was after he (Ousainou Bojang) confessed to killing someone and then requested to call his sister.
The cross-examination proceeded with questions about Musa Camara’s marital status, to which Mama Jabbi confirmed that he was married. Counsel J. Darboe referred to a previous statement where Mama Jabbi had mentioned meeting Musa only once at the GRA, to which the state counsel objected, requesting a direct quote instead of paraphrasing. The Court expunged the question from the record.
Counsel J. Darboe asked how many times Mama Jabbi had met Musa within the last six months. She answered that she had only met him on the day they went to Jululung together to apprehend the accused and give a statement at the anti-crime unit.
Counsel J. Darboe questioned whether Mama Jabbi had called Musa’s wife before calling Musa himself. Mama Jabbi clarified that she called Musa’s wife’s number, and Musa picked up the call, as they were in communication throughout their time in Jululung. When asked if she knew Musa’s wife personally, she confirmed that she did.
The cross-examination then focused on the timeline of Mama Jabbi’s presence in The Gambia and her whereabouts and actions during certain dates in August and September 2023.
Counsel J. Darboe brings up the statement made by Mama Jabbi to the police in the defense exhibit D3. The counsel asks if Mama Jabbi stated that she left Gambia and went to Dakar on August 12th, 2023. Mama Jabbi confirms by saying that she left Dakar on Tuesday and arrived at Jululung at 2 am.
Counsel J. Darboe then questions Mama Jabbi regarding her entire month-long absence from Gambia Mama Jabbi responds that she cannot remember.
Counsel refers to exhibit C1, which consists of call records from August 17th to August 25th, 2023. According to the records, Mama Jabbi was in Gambia and did not go anywhere during that time. However, Mama Jabbi denies this and states that she doesn’t recall.
Continuing the cross-examination, Counsel J. Darboe mentions that Mama Jabbi crossed the border at Basori on September 10th, 2023, to reach Jululung. The counsel points out that Mama Jabbi disappeared for two days and reappeared in Senegal on September 12th. Mama Jabbi responds by dismissing this as the counsel’s opinion and says that she doesn’t know.
Counsel J. Darboe clarifies that it is not his opinion but is based on exhibit C1, which shows that Mama Jabbi was at Basori at 4 minutes to 5. However, Mama Jabbi again states that she cannot remember.
Counsel Darboe then asserts that Mama Jabbi did not make any calls in Gambia on September 11th and 12th because she was not in Gambia. Mama Jabbi sticks to her previous response, stating that she cannot remember.
Moving on, Counsel J. Darboe asks Mama Jabbi if she went to Brufut on September 13th when the accused person was apprehended and brought back to Gambia. Mama Jabbi confirms this and explains that she was with the police in Brufut after coming from Jululung.
Senior Counsel then put to her that at 9:22 pm on September 13th, she (Mama Jabbi) was at Brufut junction, which is the workplace and home of the accused person. Mama Jabbi denies this by saying that she didn’t go there.
Counsel J. Darboe refers to exhibit C1 again, which indicates that Mama Jabbi’s call records show her being at Brufut junction on September 13th at 9:22 pm. Mama Jabbi insists that it is not her.
Counsel J. Darboe further asserts that Mama Jabbi did not go home to Sukuta but instead went to old Yundum after Brufut. Mama Jabbi denies this as well, stating that it is not her.
Counsel J. Darboe refers to the call records once again, indicating that Mama Jabbi was at Old Yundum at 11:28 pm on September 13th when the first accused person was apprehended. Mama Jabbi reiterates that she cannot recall that information.
Counsel J. Darboe informs Mama Jabbi that she spent the night at Old Yundum from September 13th to 14th. Mama Jabbi explains that she stayed there because people were insulting her online, preventing her from returning to her home at Sukuta.
Continuing the cross-examination, Counsel J. Darboe questions Mama Jabbi about the telephone number 3829711. He asks if this number is registered under her name. Mama Jabbi clarified that she only uses it for WhatsApp and that the number was given to someone else.
Counsel J. Darboe put to her that the telephone is registered under Musa Camara’s name, not Mama Jabbi’s. Mama Jabbi responds by saying that she knew it as her Qcel number for WhatsApp, not Musa’s number.
Counsel J. Darboe referred the count to Mama Jabbi’s statement to the police, where she allegedly identified 3829711 as her telephone number. Mama Jabbi states that she doesn’t remember and didn’t memorize the number.
Eventually, the Court adjourned the case to December 4th, 2023, at 2:15.
By: Kexx Sanneh
