Posted by By Ya Ousainou Darboe
In continuation of his testimony in the ongoing allege murder case involving Ousainou Bojang first accused person and Amie Bojang, second accused person, the second prosecution witness Bakary R. Jarjue was earlier today cross-examined by Counsel Darboe, counsel for the first accused person before Justice Jaiteh at the Banjul High Courts.
During the cross-examination, Counsel Darboe asked:
Counsel Darboe: Where did you go for training on the 12th of September 2023?
PW2: Senegambia Palma
Counsel Darboe: Was it only three (3 )of you that went for the training or did you go with others?
PW2: Yes. It was three of us
Counsel Darboe: Is it correct to say that Omar S Jallow is senior to you and Ismaila in the ranking?
PW2: Yess
Counsel Darboe: How is it possible to send your senior to buy afra for you?
PW2: It’s never an offense in the military to send your senior if he or she wants to.
Counsel Darboe: You said you sat under a veranda behind the 3 police officers is that correct?
PW2: Correct
Counsel Darboe: The veranda of the building you sat under, was it occupied/ was the building in use?
PW2: Noo
Counsel Darboe: What kind of building is it, is it a restaurant or?
PW2: I can’t remember
Counsel Darboe: When did you hear the gunshot as you sat under the veranda?
PW2: It was just suddenly I heard the gunshot
Counsel Darboe: Did you recall the time?
PW2: It was 9 pm onwards
Counsel Darboe: Do you recall the exact time
PW2: No I can’t
Counsel Darboe: Do you recall how far the shooter was from the PIU officers?
PW2: Yes
Counsel Darboe: How far?
PW2: An arm’s length
Counsel Darboe: Have you made a statement with the police about the case?
PW2: Yes I did so
Counsel Darboe: Do you recall the date you made the statement?
PW2:On the 14th
Counsel Darboe: If you see the statement can you recognize it?
PW2:Yes
Counsel Darboe: How can you recognize it?
PW2: My signature is there
Counsel Darboe: Gave him a paper to confirm whether it’s his statement
PW2: Yes it’s my statement
Counsel Darboe: Do you know where the original copy of the statement is?
PW2: No I don’t
Counsel Darboe: On the veranda you said, is it the same side with the PIU officers?
PW2: The police officers were on the concrete that divided the two roads under the lighting system. The other one was from Sukuta
Counsel Darboe: Do you know where the shooter came from?
PW2: No
Counsel Darboe: When the officer with the AK47 felt down, how long did the shooter scramble with the second police officer to take the AK47 from him?
PW2: I can’t be specific but I know it’s a few seconds
Counsel Darboe: So during the scramble, you were just watching and not doing anything?
PW2: At this point I didn’t know what was happening I just heard a gunshot so when I heard the gunshot I thought it was a negligent discharge again, in military tactics, they tell you whenever you hear a gunshot don’t rush.
Counsel Darboe: In your testimony, you said the first shot you thought was a negligent discharge.
PW2: That’s correct
Counsel Darboe: So you saying today that the second shot you thought was a negligent discharge?
PW2: When the first shot happened I thought it was a negligent discharge but when I heard the second shot I knew it was not normal.
Counsel Darboe: Do you know the interval of the gunshots
PW2: No
Counsel Darboe: You said the shooter opened another gunfire as he was trying to run away?
PW2: When he shot the two police officers, he took some steps and shot the female police officer.
Counsel Darboe: You said the shooter shot another shot when he was trying to run away?
PW2: Yes he shot another shot at the rounder-about
Counsel Darboe: How do you know that it was a shot?
PW2: It’s his movement that I was watching
Counsel Darboe: Was the fire shot at you or another aspect?
PW2: No I don’t know about that
Counsel Darboe: Can you demonstrate to the court the sound of a pistol?
PW2: I can’t demonstrate by using my mouth
Counsel Darboe: So you know how many types of pistols are there in the world?
PW2: No
Counsel Darboe: So it’s possible to hear another sound and you believe it’s a pistol when it’s not.
PW2: Of course, I know the sound of a pistol. AK47 and pistol even if you tie my eyes I will know this is AK47 and this is pistol.
Counsel Darboe: So are you telling the court that, all pistols sound the same.
PW2: I can’t justify that
Counsel Darboe: So can you tell the sound of an AK47?
PW2: No I can’t
Counsel Darboe: Who was the shooter firing at when you and your colleagues were chasing him?
PW2: I don’t know exactly who he was firing at, it was one time I saw him turn, and I told Bojang to take over. How I saw it was, it was under the light…
Counsel Darboe: Where was Omar S Jallow at the time?
PW2: I didn’t know I didn’t see him because all my concentration was on the shooter
Counsel Darboe: What would you say the distance between the shooter and you, you and Ismaila…
PW2: When it comes to the distance I don’t know.
Counsel Darboe: Could you see him?
PW2: No. Why do I say no, he was giving us his back and I couldn’t see him
Counsel Darboe: How many shots did he fire when you were chasing him?
PW2: It’s hard to count shots under pressure but the shots I counted were 6 (1st police officer with the AK47, the second police officer that was scrambling the AK47 With him, 3rd shot at the female, the 4th shot was at the roundabout, 5th immediately he bent on the right meters away, he turned again and fired, and finally when he ran a little bit more he fired)
Counsel Darboe: So with your expertise how many bullets can a pistol have?
PW2: Pistols are different, and they take different rounds, and different capacities, I can only know if I see the mark of the pistol. But without that, I don’t know
Counsel Darboe: So when you tell your colleague Bojang to take over, was it because the shooter was shooting at you?
PW2: You take cover when it aims at you or not.
Counsel Darboe: So how would you say the incomplete building you spoke about was from the head of the road?
PW2: When it comes to distance I don’t know
Counsel Darboe: As a military officer who witnessed an incident, was it your function to collect evidence?
PW2: As a military personnel, I took an oath to protect the life and property of people, and protect the territorial integrity of this country that is why it was a concern. I knew and could differentiate a blank and what life around bullets…
Counsel Darboe: Is it your function to collect evidence at a crime scene?
PW2: Yes it is
Counsel Darboe: You said you and Ismaila Bojang both picked an empty case each one is that correct?
PW2: Yes correct.
Counsel Darboe: So what did you do with the one you picked?
PW2: I first confirmed.
Counsel Darboe: Did you surrender it to anybody?
PW2: Yes
Counsel Darboe: To whom?
PW2: Omar S Jallow
Counsel Darboe: How about Mr Bojang, who did he surrender it to?
PW2: Me
Counsel Darboe: Who did you surrender it to?
PW2: Omar Jallow
Counsel Darboe: It’s not accurate that you didn’t give it to Omar.
PW2: It’s very correct why do I say it’s correct it is a live round and we are soldiers both of us need to confirm and finally hand it over to Mr Bah. I didn’t hand it over to Inspector Bah because the time he approached me, I told him I couldn’t talk to you and I couldn’t hand over the empty cases to you because I don’t know you that was the time when one PIU officer came to me and said to me he is from the anti-crime unit. I told him am I a soldier and I couldn’t surrender the empty cases to someone I didn’t know. Then I told Omar that the PIU officers said this man is a police officer, and if you confirm that you can give it to him.
That’s when we handed it over to him when we confirmed it.
At this juncture, Counsel Darboe filed the original statement of PW2 as an exhibit.
LK Mboge and H Farage appeared for the second accused person.
Case adjourned to 13th November 2023 at 10am.