By: Sainabou Sambou
In a dramatic turn in the trial of Ousainou Bojang and his sister Amie Bojang, Justice Ebrima Jaiteh of the High Court admitted an audio recording of prosecution witness Mama Jabbi (PW3) into evidence on October 13, 2025. The recording, captured by journalist Bakary Manjang (DW10), was played in open court, offering a critical glimpse into the case that has gripped public attention.
Ousainou Bojang faces charges of murder, attempted murder, and committing a terrorist act in connection with a police shooting, while Amie Bojang is charged as an accessory after the fact. The trial, presided over by Justice Jaiteh, was conducted by State Counsel A.A. Wakawa and F. Touray representing the prosecution, with Counsel Lamin J. Darboe representing Ousainou and Counsel Adama Sillah representing Amie.
Manjang, the tenth defense witness, returned to the stand to comply with a prior court order to produce both edited and unedited versions of his interview with Mama Jabbi, conducted at Mama’s residence. The session began with tension as Wakawa noted he had not received copies of the recordings. Darboe acknowledged the delay but confirmed the audio was now before the court. Justice Jaiteh, intervening, ensured the evidence would be reviewed collectively, stating, “We will all watch the evidence together in court.”
The audio, featuring Mama Jabbi speaking in Mandinka, was played for all parties. Darboe moved to tender the unedited version as a defense exhibit, arguing it captured Jabbi’s voluntary account of the events and was essential for justice. “This is PW3’s version of what she says happened,” Darboe submitted. Sillah, representing Amie, supported its relevance and raised no objections.
State Counsel Wakawa, however, fiercely opposed the tendering, citing Section 22 of the Evidence Act, 1994, which mandates a certificate for computer-generated evidence. He argued the flash drive containing the audio required such documentation to ensure authenticity. The objection sparked a legal debate over the nature of the evidence.
In his ruling, Justice Jaiteh addressed two key issues: the obligation to produce the recording and its admissibility in court. Citing Section 220 of the Evidence Act, he noted that Manjang was compelled to produce the audio as ordered, regardless of admissibility objections. After inspecting the recording, Jaiteh found its content relevant under Section 3, as it pertained directly to the case’s core issues.
Jaiteh dismissed Wakawa’s objection as “misconceived,” clarifying that the flash drive was merely a storage device, not a computer generating data through calculations or comparisons, as contemplated by Section 22. “The legislative intent is to authenticate computed data, not ordinary audio files,” Jaiteh ruled. He admitted the unedited recording as Exhibit D37 for the defense, ordering its transcription and distribution to all counsel.
The hearing is scheduled to continue on Tuesday at 1 pm.
