By Arret Jatta
The case of Ousainou Bojang and his sister Amie, accused of killing two police officers and abetting the act respectively, continued in the High Court yesterday with a significant ruling by the court- admitting an audio recording as evidence.
The recording, an interview between journalist Bakary Mankajang and prosecution witness Mama Jabbi,was played in court with the defence counsel LJ Darbo, applying for it to be tendered and admitted as evidence.
The prosecution opposed the application, arguing that the recording should not be admitted without a certificate under Section 22 of the Evidence Act, with particular reference to computer generated evidence.
Justice Ebrima Jaiteh overruled the objection, stating that the audio recording was not computer-generated, rather a recorded piece of evidence relevant to the case.
“If one were to adopt an overly broad and simplistic interpretation of ‘computer-generated evidence,’ then even court pleadings, affidavits and indictments, which are typed and printed using computers, would all require certificates of authenticity under Section 22,” Justice Jaiteh said in dismissing the prosecution’s argument .
The case then continued with the court ordering that the transcription of the audio recording and copies of the transcript be served to both the prosecution and defence counsels, and admitted the recording into evidence, marked as Exhibit D37.
The trial continues today.
