Police Detective Describes Recovery Of Alleged Murder Weapon Used In Killing Of Police Officers

By Landing Ceesay

 

 

Continuing his testimony as the Sixth Prosecution Witness (PW6) before the High Court of the Gambia, Police Detective Ebou Sowe detailed the recovery of the firearm allegedly involved in the deaths of two Police Intervention Unit (PIU) Officers.

 

 

“22nd September 2023, between 10 to 1100 hours, the path that the 1st accused used while fleeing the crime scene, a black pistol was found. I was therefore part of the investigators that left the panel to the said place with the 1st accused. On arrival, a pistol was found in an empty land; it was disassembled into three pieces. 

 

 

“A guy named Lamin Fofana was found in the neighborhood. He was interviewed and confirmed to the investigators that on the day of the shooting incident, he was sitting outside, just opposite the empty land, he saw a group of people chasing an individual who was wearing a haftan. He narrated that the people, chasing the said individual, shouted for help to stop the said individual. He then wrestled the man down, and the man hit him with an object,” Detective Sowe told the court. 

 

 

Ousainou Bojang, the first accused, is charged with the murder of two members of the Police Intervention Unit (PIU) at Sukuta Jabang Traffic Lights, while Amie Bojang, the second accused, is alleged to have provided transportation to Ousainou Bojang after the purported commission of the crime.

 

 

Detective Sowe elaborated that Mr. Fofana reported to investigators that the individual he grappled with managed to flee. Despite attempting to pursue him, the suspect hurled an object, which struck a fence as Mr. Fofana gave chase.

 

 

Detective Sowe recounted Mr. Fofana’s statement to investigators that, upon inspecting the discarded object shortly after the pursuit, he discovered it to be a firearm.

 

“He said he then picked up the pieces and walked into the empty land and threw it into the empty land, where us as the investigators, found it there. It (Pistol) was therefore picked by the forensic team, and a Witness statement was obtained from the man (Lamin Fofana). My lord, the ballistic request was also sent to the defense headquarters for ballistic examinations. 

 

“During the course of the investigation, the said report was received, the document was reviewed, and precisely in paragraph 9 of the said document. It confirms that the empty bullet cases, that were recovered at the crime scene, were fired by the pistol recovered,” Detective Sowe told the court. 

 

During the investigation, Detective Sowe testified about his encounter with Ousainou Bojang, stating that Bojang detailed his escape from the crime scene. As a result of Bojang’s account, Detective Sowe explained that it led to the apprehension and questioning of the second accused individual, Amie Bojang.

 

“My lord, on the 14th of September 2023, after interacting with the 1st accused (Ousainou Bojang), he explained his escape route out of the Gambia. He indicated that it was the 2nd accused (Amie Bojang) who facilitated his way out of the Gambia by providing him with a motor vehicle C Class Benz that drove him up to their residence in Brufut and boarded the same vehicle that drove him through Trans Gambia Highway to Jiboro at the border. 

 

“Before proceeding to Senegal, he (Ousainou Bojang) handed over a black bag to his sister (Amie Bojang) that contained his Senegalese Passport and a non-Gambian ID Card. He equally claimed that the 2nd accused (Amie Bojang) hired a motorcycle locally called Jakarta and drove him to Senegal. It was as a result of the said narration, that the 2nd accused (Amie Bojang) was arrested,” Detective Sowe told the court. 

 

Detective Sowe further stated that Amie Bojang was subsequently apprehended and questioned regarding the accusations leveled by Ousainou Bojang.

 

According to Detective Sowe’s account, Amie Bojang confessed to furnishing Ousainou Bojang with both the motor vehicle and the Jakarta.

 

Furthermore, Detective Sowe testified that Amie Bojang also confessed to being in possession of the mentioned bag, which Ousainou Bojang claimed he departed with.

 

Detective Sowe informed the court that, as a result, Amie Bojang guided the investigators to retrieve the bag and its contents.

 

“The following day, on the 15th of September 2023, the 2nd accused (Amie Bojang) led investigators to the taxi driver Abdoulie Drammeh. Abdoulie was therefore interviewed, and he confirmed to have been hired by the 2nd accused from Brikama to Brufut. There, he picked up the 1st accused (Ousainou Bojang) and drove them to the Gambian border in Jiboro.

 

“During the course of the investigation, Buba Manneh, the Jakarta guy, was equally interviewed, and he confirmed to have taken the 1st accused (Ousainou Bojang) to Senegal. As the investigation progressed, we recovered empty bullet cases. The empty bullet cases were sent to the Gambia Armed Forces Defense Headquarters for ballistic examinations. The said ballistic results were equally received. The reports of the two deceased, Pateh M. Jallow and Sang J. Gomez, were well received,” Detective Sowe testified. 

 

 

When the Director of Public Prosecution (DPP), AM Yusuf, inquired about the whereabouts of the black bag recovered from Amie Bojang, Detective Sowe informed the court that the bag and its contents had been forwarded to the Attorney General’s Chambers along with the file.

 

Upon further questioning by DPP Yusuf regarding his ability to identify the bag and its contents, Detective Sowe affirmed that he could.

 

Detective Sowe explained that he could recognize the bag by its color and that the documents inside contained the name of Ousainou Bojang.

 

Additionally, Detective Sowe stated to the court that the postmortem reports of Pateh M. Jallow and Sang J. Gomez had also been dispatched to the Attorney General’s Chambers along with the file.

 

“Yes, each report contains the name of the deceased, and it was also copied to the Inspector General of Police,” Detective Sowe on whether he would be able to recognize the postmortem reports. 

 

The witness was given two postmortem reports for identification, which he confirmed as belonging to Pateh M. Jallow and Sang J. Gomez. 

 

Director of Public Prosecution (DPP) Yusuf subsequently sought to submit these reports as evidence. 

 

However, Counsel Lamin J. Darboe, representing Ousainou Bojang, objected to their admission. 

 

Counsel Darboe contended that Detective Sowe was not the appropriate witness for the Prosecution to use for tendering the postmortem reports.

 

“My lord, these reports were conducted by professionals. This witness is not the right person for these documents to be tendered through him. My lord, the prosecution did not lay a proper foundation of these so-called postmortem reports to be tendered,” Counsel Darboe argued. 

 

Attorney Adama Sillah, representing Amie Bojang as the second accused, similarly raised objections to the documents and supported Counsel Darboe’s submission.

 

“My lord, this witness has no expertise on the way and manner this examination was conducted. My lord, the witness has no knowledge of the circumstances these examinations were conducted. My lord, the said report has scientific terms, and this witness is not a scientist, and he is not an expert in the area. My lord, the DPP has not laid a proper foundation as to why the experts who conducted these examples are not in court. I therefore urge this court to reject these documents in their entirety,” Counsel Sillah argued. 

 

In reply to the Defense Counsels, DPP Yusuf asserted that their arguments are flawed.

 

“With all due respect to my colleagues, the objection is misconceived; the admissibility of the documents does not say the documents can only an author of the documents can tender the documents. It can be tender through any other person, depending on the circumstances. 

 

“Section 45 of the Evidence Act laid these circumstances and allows any person to tender a document of this nature through any other person apart from the author or the maker. Equally, my lord, Section 136 of the CPC also allows the Prosecution to tender a document of this nature through this kind of witness being a police officer or officer who investigated the matter,” DPP Yusuf submitted. 

 

After considering the arguments presented by both the Defense Counsels and the Prosecution, Hon. Justice Ebrima Jaiteh sustained the objection. 

 

Hon. Justice Jaiteh emphasized that the preferred procedure entails the individual who conducted the examinations to submit the documents.

 

“If you tender these documents through this witness, would it be fair for him to be cross-examined on the documents? This witness is not the author or maker of the postmortem reports. It will not be in the interest of Justice and fairness to expose this witness to the content of these documents, be cross examine on them. I will not reject the documents because of their importance to this trial, but I will return them to the prosecution,” the Hon. Justice ruled on the Objection. 

 

Honorable Justice Jaiteh subsequently handed back the postmortem reports to the prosecution, directing the Director of Public Prosecutions (DPP) to submit them either through the examiner or the head of the institution where the examinations took place.

 

Following this, Honorable Justice Jaiteh adjourned the case until the 25th of March 2024 for further proceedings.