Posted by By Dawda Faye
Defence Counsel Fatty on the 6th May, 2019, objected to the tendering of a video transcript by the prosecution in the case involving Yankuba Badjie and other former NIA officers before Justice Kumba Sillah-Camara of the High Court in Banjul.
In his submission, Counsel Fatty argued that no foundation for the admissibility of the said video transcript was laid by the prosecution. He stated that based on Section 2 of the Evidence Act, he would urge the court to reject the document sought to be tendered. He argued further that the law cited by the prosecution did not apply for the tendering of the video.
However, Justice Kumba Sillah-Camara, in her ruling, told the court that the document sought to be tendered by the prosecution was relevant. She went on to say that the witness had identified the document which she signed.
She stated that it was not relevant whether the document was transcribed or not, noting that its weight would be determined by the court. She therefore overruled the objection raised by the defence. The said document was subsequently admitted by the court.
Recall: Abibatou Jallow, a prosecution witness and an employee of the judiciary, told the court on the 9th April, 2019, that on or about December, 2017, the judicial secretary received a letter and hard drive requesting a transcriber to transcribe the contents of the hard drive.
She stated that she was instructed by the judicial secretary to transcribe the hard drive, noting that the first audio was the police interview of the NIA personnel and the second was the video of the NIA recording of Solo Sandeng and others.
The case continues.