Posted by By Ya Ousainou Darboe
Representing the first accused person Ousainou Bojang in the alleged shooting case at Sukuta Jabang Traffic Lights, Counsel Darboe today crossed examined Prosecution Witness 1 (PW1) Ismaila Badjie before Justice Jaiteh at Banjul High Court.
Below are the excerpts from the cross examination.
Counsel Darboe: Do you remember the date you gave your statement?
PW1: Yes, 14th September 2023
Counsel Darboe: If you see the statement will you recognize it?
PW1:Yes I can
Counsel Darboe: How can you recognize it?
PW1: What I said was what was written there. it’s based on what I said that day.
Counsel Darboe: Did you recalled signing the statement?
PW1: Yes I did recalled
Counsel Darboe: Does it have your name?
PW1: Yes it has my name
Counsel Darboe: (A paper was presented to PW1) Have a look at the statement and tell us if it is the copy of your statement?
PW1: Yes it is the statement
Counsel Darboe: Do you know where the original copy of the statement is?
PW1: It’s with the police
Counsel Darboe: (Another paper was presented to PW1) Check if it is the original copy of the statement?
PW1: He checked and said yes it is
Counsel Darboe: On the 12th of September 2023 what time did you leave the barrack to go to the beach?
PW1: I left the barracks early in the morning to work after closing from work at Gambia armed forces around 3pm onwards, then I proceeded to the beach
Counsel Darboe: Where did you meet your colleagues Omar and Bakary Jarjue ?
PW1: At the Gambia armed forces training school.
Counsel Darboe: When did you leave for the the beach?
PW1: After 3pm
Counsel Darboe: When did you leave the beach to go back to the barracks?
PW1: After Magrib prayers.
Counsel Darboe: When you arrived at the traffic lights did you recalled what time it was?
PW1: No
Counsel Darboe: Do you know who gave you the lift to traffic light?
PW1: No I don’t
Counsel Darboe: Where did you dropped at the traffic lights?
PW1: Opposite the petrol station
Counsel Darboe: Which petrol station?
PW1: At sukuta traffic light junction
Counsel Darboe: Do you know the name of the petrol station?
PW1: No I can’t remember.
Counsel Darboe: You said you cross the road , from where did you cross and where did you go?
PW1: Crossed the road from sukuta jabang subsequently crossed the road to old Yumdum
Counsel Darboe: When you crossed the road from old Yundum, where did you go to?
PW1: I was Standing near at nearby building on the road facing jabang direction
Counsel Darboe: So at this point, what was the distance between you and the police officers?
PW1: I can’t give a specific estimation
Counsel Darboe: Is it true that you were behind the police officers?
PW1: Yes
Counsel Darboe: Do you know how far from the police officers?
PW1: I can’t be specific
Counsel Darboe: Do you recalled the location where the first police officer with the AK47 felt on his stomach?
PW1:At the same spot where they where standing on the other side of the road
Counsel Darboe: What other side of the road? I thought you where on the same side of the road?
PW1: The road is divided into two, I was standing on the sukuta side and the police on the jabang side
Counsel Darboe: Other than you and your colleagues, are you aware of anybody else that witnessed the shooting?
PW1:There where lot of people
Counsel Darboe: was it after the female officer was shot is when you decided to interfere in the matter?
PW1: Before the second police officer was shot, that’s the time I decided to intervene.
Counsel Darboe: So how was it then possible you couldn’t prevent the female police officer from being shot?
PW1: Because it was a distance a little bit far and I didn’t possess an arm fire at that time.
Counsel Darboe: You could be shot as well but did that prevent you from following the gunman?
PW1: No it didn’t
Counsel Darboe: You said the distance is far, can you tell us how far the distance was?
PW1: I can’t tell
Counsel Darboe: When the gunman saw you, did he do anything?
PW1: No, he ran away
Counsel Darboe: So do you know which direction did he run to?
PW1: Towards the petrol station.
Counsel Darboe: Did he go into the petrol station?
PW1: Subsequently changed direction the road heading to sukuta…
Counsel Darboe: You said the he enter the first junction on right on the and you followed him and went straight!
PW1: Yes.
Counsel Darboe: At this stage how many of you are following the gunman?Was it only you who was following the gunman?
PW1:Not me alone
Counsel Darboe: Then who and who and who and who where following him?
PW1: I only know off Bakary jarjue, and Omar S Jallow those are the one I personally know.
Counsel Darboe: What happened to your training, 3 military officers couldn’t apprehend a bow leg man ?
PW1: It is considered as a dangerous practice to pursue an armed man when you are not armed therefore, there are safety measures to abide
Counsel Darboe: But I put it to you that, that was exactly what you did, pursue an armed man when you are not armed yourself?
PW1: Yes with safely precaution
Counsel Darboe: You said he shot twice during the race,?
PW1: Correct.
Counsel Darboe: So what safely precaution did you take?
PW1: Leaving a safety distance between i and the shooter going away from the possible fire direction, and going behind possible covers
Counsel Darboe: Am putting it to you that when you where running, there was no possible fire cover?
PW1: Yes there is.
Counsel Darboe: Can you give us an instance of a possible gunfire cover?
PW1: Like electric pole, fence wall, etc.
Counsel Darboe: What was the distance you left between you and the gunman?
PW1: I can’t tell
Counsel Darboe: Infact, you made it up, am putting it upto you that you didn’t enter that ward?
Counsel Darboe: So how Far did you travel on that ward?
PW1: A very far distance
Counsel Darboe: : And all this while you where with mr Jarjue and Jallow?
PW1: They where all behind me all I know was Bakary Jarjue was behind me at some point I lost sight of him.
Counsel Darboe: You lost sight of who?
PW1: The shooter
Counsel Darboe: The person you asked to stop the shooter do you know him?
PW1:No I don’t .
Counsel Darboe: Am putting it to you that, the person you saw was your imagination?
PW1: It wasn’t my imagination.
Counsel Darboe: How many hundred meters did you chase this shooter?
PW1:It’s more than 400ms
Counsel Darboe: And at the end, it was a futile chase ?
PW1: That’s correct.
Counsel Darboe: Now Mr Bojang you said you recovered cell cases, did you give the cases to anybody in particular?
PW1: I didn’t say I recovered to two cell cases I said I recovered 2 empty bullet cases. Sorry, I recovered 1 and Bakary recovered 1 making it two.It was handed over to the police.
Counsel Darboe: Do you know whom it was given to.
PW1: No I don’t.
Counsel Darboe: Did you pick it with your bear hands,??
PW1: Yes
Counsel Darboe: Where you not aware that, that was a crime scene?
PW1:Yes I was aware
Counsel Darboe: So when you returned to the scene, where there any police officers?
PW1: Yes I saw police officers heading towards jabang
Counsel Darboe: Where were the officers that where shot?
PW1: I didn’t know, but I know they were evacuated …
Counsel Darboe: By the time you came back, did you recalled what time it was?
PW1: Yes.
Counsel Darboe: What time was it?
PW1:Was about 9:23
Counsel Darboe: How long did it take for you to chase the shooter and came back to the crime scene?
PW1: I can’t be specific with that…..
Counsel Darboe: (A paper was presented to PW1)Have a look at your old statement, read from the middle of the page where it says Omar Jallow …
At 21:12 was exactly when the gun was fired, and all changed of event occurred, including following the gunman for over 400ms, coming back to the scene of the crime, now you wana tell the court that all of this happened including the 400ms in the space of 11 to 12 minutes?
PW1: Yes we are soldiers and we are tested with 1.5km for 9mins
When coming back, running from a period 8 to 900ms in 10 to 11mins.
The cross examination ended and PW1 was discharged.
Judge: In the absence of no objection from both parties (State and defence) the statement of PW1 was put as evidence , first defence exhibit.