Fajara Shooting Trial: Magistrate Overrules Objection to Pistol Identification

The trial stemming from the alleged “Fajara shooting” resumed on Tuesday at the Kanifing Magistrates’ Court, where a magistrate overruled a defense objection to the identification of a black pistol that prosecutors say is linked to the case.

Presiding over the proceedings, Her Worship A. Manneh ruled that the firearm could be marked for identification, allowing the prosecution to proceed with the testimony of its second witness, Abdou Faal, a cousin of the accused, Salieu Gaye.

The dispute centered on whether the prosecution had laid a sufficient foundation to present the pistol in court. Defense counsel D. Badjie objected when prosecutors sought to tender the weapon through Mr. Faal, arguing that the state had failed to describe the firearm’s make, model, or serial number.

Mr. Badjie contended that introducing the pistol without those details amounted to “trial by ambush,” asserting that the defense had not been properly informed about the circumstances surrounding its recovery.

Inspector Baba Jallow, the prosecutor, responded that the pistol was being presented strictly for identification and not yet for formal admission as evidence.

In a detailed ruling, Magistrate Manneh acknowledged that The Gambia’s Evidence Act of 1994 does not explicitly use the phrase “tendered for identification.” However, she said the law does not prohibit the established procedural practice of marking an item for identification while the evidentiary foundation is being laid.

“Such marking does not amount to formal admission of the item in evidence,” she said. “It merely serves to identify and preserve the object within the record of proceedings until the prosecution lays the necessary foundation for its admissibility.”

She added that the defense would retain the right to object if and when the prosecution formally seeks to admit the pistol as an exhibit. The magistrate concluded that the firearm was prima facie relevant to the case and that there was no legal impediment to marking it for identification at this stage.

The objection was overruled, and the pistol was marked as “ID1.”

With the ruling settled, Inspector Jallow resumed leading Mr. Faal in his evidence-in-chief. The witness testified that he and Mr. Gaye traveled by vehicle to Legacy Junction between 5 a.m. and 6 a.m. on the morning in question before proceeding to Manjai, where they remained until about 9 a.m.

Mr. Faal told the court that while in Manjai, they received a phone call informing them that the authorities were heading to their residence. He said they then decided to report themselves to the police station, where their statements were recorded.

Under cross-examination, Mr. Faal confirmed that the alleged shooting occurred around 5 a.m. He acknowledged that he did not see Mr. Gaye fire a weapon but said he heard a gunshot, describing the scene as “dark and crowded.”

He also testified that he had previously seen the black pistol at Kairaba Police Station.

The case was adjourned until March 4, 2026, at 10 a.m., when proceedings are expected to continue.