By Adama Makasuba
The Banjul magistrate court has obtained audio evidence in the seditious case of Ebrima Dibba, which the state prosecutors presented. Mr. Dibba is facing charges of sedition for allegedly criticizing President Adama Barrow in an audio recording, charges that he has denied. He was taken into custody in June 2024 at Banjul International Airport shortly after returning from a trip to the USA. After being detained for several days, he was granted bail at 100,000 Dalasis.
During Thursday’s court session at the Banjul Magistrate’s Court, state prosecutors presented an audio recording as evidence before Magistrate Krubally. However, Mr. Dibba’s defense lawyers challenged the admissibility of the files. After deliberation, Magistrate Krubally ruled in favor of the prosecution and admitted the flash drive containing the audio as evidence.
During the trial, the prosecution questioned Witness Mberry Touray about his ability to identify a specific audio recording. He affirmed that he could. The audio was subsequently played in the courtroom. After listening, the witness confirmed it was the same audio he had previously downloaded, featuring a man speaking in Mandinka.
Defense counsel Borry S. Touray inquired about the witness’s identification process during cross-examination. The witness elaborated that he utilized his mobile phone to play the audio and inferred that it was a male voice. When questioned about his training in voice identification, the witness stated that he had not received such training but maintained his belief that it was a male voice.
Subsequently, the prosecution requested to submit the witness’s mobile phone as evidence. The defense counsel objected, insisting that all court exhibits remain in the court’s custody. He proposed that the prosecution provide a replacement phone for the witness, with the condition that it is not used while admitted into evidence. The presiding magistrate then ruled that since the phone had been submitted as evidence and labeled as an exhibit, it could not be returned. The proceedings were adjourned until Monday, July 8th, 2024.
