The criminal trial involving the alleged “Fajara shooting” continued Tuesday before Her Worship A. Manneh at the Kanifing Magistrates’ Court.
The court ruled on the admissibility of a firearm and the continued testimony of the second prosecution witness (PW2), Abdou Faal, a cousin of the accused, Salieu Gaye.
In the last session, the prosecution sought to tender a black pistol for identification through PW2. Defence Counsel D. Badjie had objections to this application, arguing that the prosecution failed to lay a proper foundation specifically noting the lack of a description regarding the firearm’s make, model, or serial number.
Defence Counsel further contended that the introduction of the pistol amounted to “trial by ambush,” as the details of its recovery were allegedly new to them.
While Inspector Baba Jallow maintained that the pistol was being tendered strictly for identification purposes and not yet for formal admission as an exhibit.
In her ruling on the matter, Magistrate Manneh stated: “It is correct, as submitted by Defence Counsel, that the Evidence Act 1994 does not expressly employ the phrase ‘tendered for identification’.
However, the Act does not prohibit the procedural practice of marking an item for identification pending the laying of a proper evidential foundation. The practice of making items for identification is a well-established feature of criminal procedure within common law jurisdictions, including The Gambia.
She added “Such marking does not amount to formal admission of the item in evidence. It merely serves to identify and preserve the object within the record of proceedings until the prosecution lays the necessary foundation for its admissibility.
The defence will retain the right to object at that stage when the prosecution seeks to tender the pistol in evidence proper, should the foundational requirement not be satisfied. I am satisfied that the pistol is prima facie relevant to the facts in issue and that there is no legal impediment to it being marked for identification purposes at this stage.”
Accordingly, the Magistrate overruled the defence’s objection and marked the black pistol as “ID1”.
Following the ruling, Prosecutor Inspector Baba Jallow continued leading PW2, Abdou Faal, in his evidence-in-chief. Faal testified that he and the accused took a vehicle to Legacy Junction between 5:00 AM and 6:00 AM, and later travelled to Manjai where they remained until approximately 9:00 AM.
Abdou Faal told the court that they decided to report themselves to the police after receiving a phone call while in Manjai informing them that authorities were heading to their residence. He noted that upon arrival at the station, their statements were officially recorded.
During cross-examination by Counsel D. Badjie, the witness confirmed the alleged shooting occurred around 5:00 AM. He admitted he did not actually see the accused shoot but heard the sound, adding that the scene was “dark and crowded.”
He reaffirmed that he had previously seen the black pistol at the Kairaba Police Station. The case was adjourned to March 4, 2026, at 10:00 AM for continuation.
