Prosecution wins battle to admit audio evidence in NIA 9 case

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By Mafugi Ceesay
& Zainab Sesay

Justice Kumba Sillah-Camara of the Banjul High Court, presiding over the ongoing NIA 9 case, yesterday admitted and marked the audio interview of the NIA on a CDR and external hard drive as exhibits T1 and T2 despite its poor quality and objecting of defence lawyers.

The audios were extracts from recordings made by a panel that interviewed the 9 agents of the National Intelligence Agency who are charged with the murder of UDP’s Solo Sandeng in 2016. Justice Kumba Sillah-Camara however stated that the audio is poorly recorded that no one can hear or get anything from it but she noted that the court was only able to get something out from the one played on Monday.

Prosecution lawyer Kombeh Gaye agreed, maintaining that some parts of the audio are good but they have already served the defence with the transcribed version of the audio.

But Defence lawyer E Chume asked: “How can it be transcribed when we cannot hear anything after listening to it?”

Prosecution lawyer Kombeh Gaye however pressed that the objection of the defence is misconceived, because the issue at hand is whether the CDR and the external hard drive are relevant, and not identifying the voices on them.

She said identifying the voices on the audio only comes after it’s admitted by the court, then the witness will be asked to identify the voices.