By Landing Ceesay
The High Court of the Gambia, presided over by Hon. Justice Jaiteh, has decided to admit another call log belonging to Police Detective Ebou Sowe as evidence, despite objections from the Director of Public Prosecution (DPP).In the previous court session, Justice Jaiteh had already accepted Detective Sowe’s call log from Qcell. Now, on Tuesday, another call log from Africell was presented and admitted into evidence.
As proceedings resumed, Counsel Lamin J. Darboe informed the court that Africell, in response to a notice to produce, had sent a representative to present Detective Sowe’s call log.
Counsel Darboe then handed over the call log to Detective Sowe for confirmation of ownership.
After a brief review, Detective Sowe confirmed to the court that the number on the Africell call log belonged to him.
Counsel Darboe stated, “My lord, the call log is accompanied by a certificate, and the certificate is signed by Mr. Abubacarr Jallow. My lord, we applied to tender the call log of Detective Ebou Sowe from Africell. We wish it to be admitted as part of the exhibits in this matter pursuant to Section 22 of the Evidence Act 1994.”
However, the Director of Public Prosecution (DPP), AM Yusuf, objected to the document, questioning its admissibility.
“My lord, it is a computer-generated document and Section 22 sub (2) A, B, and C of the Evidence Act States the precedent before the court will admit these kinds of evidence. My lord, the call log is independent and there is no Color attached to saw who produced it and how it was produced.
“Who is Abubacarr Jallow? No one knows what position he is occupying. The purported certificate cannot avail the call log. We enjoin this court to reject the call log, having failed to meet the requirements of section 22 sub 2 of the Evidence Act,” DPP Yusuf told the court.
In response, Counsel Darboe argued the importance of the call log to the case and cited the relevant sections of the Evidence Act regarding computer-generated documents.
“My lord, what we are dealing with here are allegations of crimes of great nature. My lord, what sections 22 sub 2 and 22 sub 4 said about the admissibility of computer-generated documents is very clear. The witness is here; if the court has a doubt, the court can call him. Africell deems it necessary to send Mr. Jallow here,” Counsel LJ Darboe submitted.
Counsel LJ Darboe further submitted that the call log is from proper custody and the computer that printed it out was in good condition.
“My lord, as Africell responding to the summons, send Mr. Jallow here, and he is here right now. I urged the court to disregard the submissions of the DPP and admit the call log into evidence,” Counsel LJ Darboe submitted. Honorable Justice Jaiteh, in delivering the ruling, overruled the DPP’s objection, asserting that the call log was not a computer-generated document and thus admissible.”The call logs are relevant to this case,” declared Honorable Justice Jaiteh, marking the documents as defense exhibits D5 and 5A.