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HomeBreaking NewsGAMBIA: DEFENCE LAWYER LAMIN J. DARBOE TELLS MAMA JABBI "YOU CONCOCTED YOUR...

GAMBIA: DEFENCE LAWYER LAMIN J. DARBOE TELLS MAMA JABBI “YOU CONCOCTED YOUR STORY TO COLLECT ONE MILLION DALASIS”

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Lamin J. Darboe, the defense attorney representing Ousainou Bojang, the first accused, accused Mama Jabbi, the third prosecution witness, of fabricating her whole evidence to get the D1 million prize that President Adama Barrow had promised. This accusation was made during Mama Jabbi’s cross-examination.

Attorney LJ Darboe asked whether Mama Jabbi had been to President Barrow’s hometown of Mankamang Kunda in the previous three months during the hearings. Mama Jabbi said that she did not remember having visited Mankamang Kunda in the previous three months and that she had not been there in a long time.

Counsel LJ Darboe informed Mama Jabbi, “Your call records (exhibit C1) indicate that you were physically present in Mankamang Kunda on September 30, 2023.”

“During the rainy season, I went to a funeral and I went through Manakamang Kunda,” Mama Jabbi said.

Counsel LJ Darboe informed Mama Jabbi, “I am also putting it to you that on November 1st, 2023, you were physically present in Mankagmang Kunda according to your call records (exhibit C1).”

“I don’t recall that,” Mama Jabbi said.

Counsel LJ Darboe again addressed Mama Jabbi, saying, “I am putting it to you that on October 12, 2023, you were physically present in Mankamang Kunda according to your call records (exhibit C1).”

Mama Jabbi said, “I cannot remember when that happened because that was not me.”

Mama Jabbi was notified by Attorney LJ Darboe that, contrary to her previous evidence, Ousainou Bojang, the first accused, had never mentioned the deaths of two police officers and the injuries of a third. Mama Jabbi persisted, nonetheless, in saying that Ousainou Bojang personally told her about the deaths of two police officers at the Sukuta Traffic Lights—one of whom was hospitalized.

Counsel LJ Darboe said Mama Jabbi, “I am putting it to you that you fabricated your story, and accused an innocent man just so you could collect the D1 million pledge by His Excellency the President of the Republic, for information about the killer or killers of the Police Officers.” The Director of Public Prosecution, AM Yusuf, voiced his opposition to Counsel LJ Darboe’s statement before Mama Jabbi had a chance to respond.
Counsel LJ Darboe’s cross-examination of the witness, according to DPP Yusuf, had certain shortcomings. He maintained that Mama Jabbi was being insulted by Counsel LJ Darboe’s inquiry, which implied that she had made up the tale in order to get D1 million.

DPP Yusuf asked the judge to ignore the inquiry in light of the Evidence Act’s requirements.
Counsel LJ Darboe responded by highlighting the importance of the query, its connection to the crux of the issue, and Mama Jabbi’s personal incentive for divulging details about the offender or offenders.
Attorney LJ Darboe insisted that the inquiry was not derogatory.

This is a legitimate query that is crucial to the defense’s argument. Counsel LJ Darboe said that Mama Jabbi was the one who first claimed that Ousainou Bojang, the first accused, had confessed to the murder of police officers. The objection from DPP Yusuf was rejected by Hon. Justice Ebrima Jaiteh, the sitting court, in response to the State Counsel’s objection. He said that evaluating witnesses’ credibility is the goal of Section 202 of the Evidence Act.

Hon. Justice Jaiteh, the presiding court, stated that Counsel LJ Darboe’s question was not meant to be offensive; rather, it was meant to assess Mama Jabbi’s believability. As a result, Hon. Justice Jaiteh gave Mama Jabbi instructions to respond to Counsel LJ Darboe’s inquiry.

In response to the question, Mama Jabbi said that she is not associated with any specific forum and that she has not made up any stories.

Mama Jabbi testified in court, saying, “I was not aware that a million dalasis was at stake and the killing was not done in my presence.” Attorney LJ Darboe asked whether Mama Jabbi knew the wife of Musa Camara. She claimed to have known Musa Camara’s wife since before she was married. Mama Jabbi was unable to pinpoint the precise duration of their acquaintanceship, however.
Mama Jabbi said that she is aware of Musa Camara’s mother in response to a query about it. She told the court that Maimuna Barrow, also lovingly called Korka, is the mother of Musa Camara and that she lives in Yarambamba.

Counsel LJ questioned Mama Jabbi, saying, “Do you know if Korka is related to the President of the Republic of the Gambia at all?”

To Counsel LJ Darboe’s query, DPP Yusuf objected, saying Mama Jabbi’s answer would probably be based on hearsay or personal opinion.

DPP Yusuf stressed that only Korka could directly respond to Counsel LJ Darboe’s inquiry since any answer from Mama Jabbi would probably be based on hearsay, which is not admissible as evidence and is instead based on personal views or secondhand knowledge.

“My lord, that is a muddled objection. We are asking her to inform us whether or not she knows, not to share her view. In response to DPP Yusuf, Counsel LJ Darboe said, “The question is for factual purposes.” After hearing arguments from all parties, Hon. Justice Jaiteh rejected DPP Yusuf’s objection.
The court made it clear that the inquiry was neither hearsay nor opinion, thus the witness would not be negatively impacted or inconvenienced.

Hon. Justice Jaiteh then gave Mama Jabbi instructions on how to reply to the question.
Maimuna Barrow and President Adama Barrow are siblings who share the same parents, Mama Jabbi told the court.

Counsel LJ Darboe informed Mama Jabbi, “But on November 20, 2023, I asked you whether you know Musa Camara’s mother, and you said no, you don’t know her.”

Mama Jabbi said in court, “I did not say that I do not know Musa Camara’s Mother.”

The court was advised by Counsel LJ Darboe, “My lord, the records will reflect on her answer.”

“Do you still stand by your denial that you are aware of Musa Camara’s relationship with the President? I asked you if you knew.” Attorney LJ Darboe enquired of Mama Jabbi.

The Director of Public Prosecution urged Hon. Justice Jaiteh to check the documents to make sure that was the question posed, before Mama Jabbi could answer.

After reviewing the documentation, Hon. Justice Jaiteh told the court that Mama Jabbi had answered negatively to the question that had been put forward just as it had been expressed.

Mama Jabbi said in court, “Yes, I stand by that response.”

“Is it true that you stated under oath that you took your SIM card out of the phone due to the insults you were getting?” Attorney LJ Darboe enquired of Mama Jabbi. Mama Jabbi said, “Yes.”

Mama Jabbi told the judge that she had taken out the SIM cards from both of her phones, making them unusable. But she couldn’t remember exactly when she stopped using the SIM cards.
Counsel LJ Darboe informed Mama Jabbi, “I am putting it to you that when you first told the court that you were not using your Africell line on the 21st of November 2023, you were actually using it as of 21st November.”

“I didn’t use it,” Mama Jabbi said.

Counsel LJ Darboe informed Mama Jabbi, “I am putting it to you that you used your Africell up to the 22nd of November according to the Africell call log (exhibit C1).”

I have not used my Africell since after I was insulted so severely. All for the sake of peace, Mama Jabbi informed the judge.

Counsel LJ Darboe informed Mama Jabbi, “I am putting it to you that other than your name, your occupation as a housewife, and your address as Sukuta, your evidence in chief was just out of your imagination.”

Mama Jabbi said, “Everything I say here is true; it is what happened, and I swear.”

The case was subsequently postponed until today in order to hear the Fourth Prosecution Witness’s (PW4) main testimony.

Context of the Case

When Ousainou and Amie Bojang first appeared in front of Principal Magistrate Omar Jabang of the Kanifing Magistrates’ Court on September 21, 2023, they were charged with crimes pertaining to the shooting incident at Sukuta Jabang Traffic Lights, which on September 12, 2023, claimed the lives of two PIU officers and seriously injured another.

At first, the accused was facing four accusations from the police: two counts of murder, one count of terrorism, and one count of accessory after the fact to murder. The murder trial was then moved to the Special Criminal Division of the High Court of The Gambia by Principal Magistrate Omar Jabang.
The matter was brought before Hon. Justice Ebrima Jaiteh of the Gambia High Court on October 12, 2023.

Six charges and one charge were filed by the State on October 19, 2023, against Ousainou Bojang, the main suspect in the killings of two Police Intervention Unit (PIU) officers, and his older sister, Amie Bojang.

Ousainou and Amie Bojang filed not guilty pleas to the charges on October 24, 2023.

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