By Sainabou Sambou
In a significant ruling that could impact the defence strategy in the high-profile murder case involving Ousainou Bojang, accused of killing two Police Intervention Unit (PIU) officers, Justice Ebrima Jaiteh of the High Court of The Gambia on Tuesday admitted into evidence a flash drive containing an audio recording and its English transcription, despite strong objections from the prosecution.
Ousainou Bojang (1st accused) and his sister Amie Bojang (2nd accused) are standing trial for the alleged murder of PIU officers Pateh Jallow and Sang Gomez on 12 September 2023 in Sukuta.
During Tuesday’s proceedings, defence counsel moved to tender the flash drive under Section 3 of the Evidence Act, arguing that the material – an audio recording in a local language accompanied by its certified English transcription – was relevant to the case. The defence confirmed that copies had already been served on both the prosecution and the 2nd accused’s lawyer.
DPP Yusuf vehemently objected, contending that the audio evidence failed to comply with Section 22 of the Evidence Act, which regulates the admissibility of computer-generated documents. He told the court that the recording originated from a YouTube video uploaded by media outlet Kerr Fatou, was downloaded from the computer of one Lamin J. Darboe, and – crucially – did not mention either PW3 Mama Jabbie or the 1st accused in the portion played in open court. The prosecution further argued that the accompanying certificate was defective.
Delivering his ruling, Justice Jaiteh dismissed the State’s objection, holding that Section 22 applies exclusively to evidence produced by a computer through computational processes such as calculations or comparisons.
“Merely storing or downloading an audio file on a computer does not transform it into computer-generated evidence,” the judge emphasised.
He added pointedly: “If every document typed, saved, or downloaded on a computer required certification under Section 22, then every bill of indictment, motion, affidavit, ruling, judgment, or court order would equally require such a certificate. That clearly cannot be the intention of the legislature.”
Justice Jaiteh ruled that the recording was created by human action and merely preserved in electronic form, therefore falling outside the scope of Section 22. Finding the audio and its transcription relevant under Section 3, he admitted the flash drive as Exhibit D38, noting that any questions about its authenticity, weight, or credibility would be assessed at the conclusion of the trial.
Under cross-examination by DPP Yusuf, defence witness Ebrima Charty admitted he was not present when Kerr Fatou originally uploaded the video featuring Ousainou Bojang and Mama Jabbie, and that he only became aware of it after it was already circulating online.
Charty told the court he had visited the village of Julunlung but had never met either Ousainou Bojang or Mama Jabbie before the accused was charged with the officers’ murders. He conceded he possesses no formal qualifications in computing or information technology, though he claimed familiarity with Artificial Intelligence (AI).
The witness confirmed that he personally downloaded the video from Kerr Fatou’s platform and extracted the audio file that was subsequently tendered in court.
The Director of Public Prosecutions (DPP) A.M. Yusuf, assisted by F. Touray, represents the State, while J. Jeng appears for Ousainou Bojang and A. Sillah for Amie Bojang.
The case was adjourned to Monday, 8 December 2025, at 10:00 a.m. for continuation.
