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Prosecution Tenders Kumba Sinyan’s Call Records As Evidence

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Kumba Sinyan -Defendant arriving in Court

By Landing Ceesay 

Prosecutors in the Kumba Sinyan murder trial tendered her call record and a certificate to authenticate the records printed out by Africell Gambia limited. The two documents were tendered upon identification by an Africell staff.

In continuance of the case, Ebrima Saidy, a resident of Bijilo in the West Coast Region (WCR) and an employee of Africell appeared before Justice Sidi K. Jobarteh as the sixth Prosecution Witness (PW6) in a murder trial and told the court that he has been working with Africell Gambia Limited for 7 years now. 

The witness testified that his job at Africell Gambia Limited is to develop software in-house (for Africell) and their customers, as well as integration for Africell firms or partners. 

“Are you familiar with the Africell call record system,” State Counsel M. Sanneh asked the witness? 

“Yes, I work under that department, I was part of the people that built the system,” the witness responded. 

“How does the system record calls,” State Counsel Sanneh asked. 

“If a call occurs between two parties. It goes to the MSC (Mobile Switching Center) which records all the calls. Then goes to the CDR (Call Detail Record) or charging, gateway. This records both the receiver and the initiator of the call.  Then the information will be shared on our servers,”  the witness explained to the court. 

The witness confirms to the court that their machines are in perfect condition.

It is the witness’s testimony that Africell Gambia Limited has redundant servers, once the calls are recorded they are sent there in case there is a failure. He said the redundant servers are backed up to the full servers. 

The witness also confirmed to the Court that he was aware when his office printed out a call record on the 16th of November 2022.

The Prosecution Counsel Sanneh then gave Kumba Sinyan’s call records and a certificate to authenticate the record to the witness for identification. The witness identified the document and confirmed to the court it was printed by his office, prompting the prosecuting counsel to apply to tender the document as part of their evidence, stating that it is computer-generated evidence as per section 22 subsection 2 sub 4 of the Evidence Act. 

The section cited in the Evidence Acted stated that a computer-generated document should be accompanied by a certificate to authenticate the document. 

Justice Jobarteh asked Defense Counsel Sagar Twum whether she had any objection to the documents.

“I have not had the opportunity to go through the document,” Counsel Sagar Twum responded. 

Counsel Sagar Twum, however, told the court that she had no objection to the documents, thus Justice Jobarteh admitted the documents into evidence as exhibits P1 and P2.

“What was the condition of your machine at the time of printing out the call record,” Prosecution Counsel asked the witness. 

“It was in good condition,” the witness responded. 

Under cross-examination, the witness confirmed that the document before the court was Kumba Sinyan’s call records. 

Kumba Sinyan is charged with murder contrary to section 187 of Criminal Code Cap: 10:01 Revised Laws of the Gambia 2009. 

Prosecutors alleged that the suspect on or about the 14th of September 2022 at The Friendship Hostel in Bakau, with malice aforethought, caused the death of one Lamarana Jallow by cutting his stomach with an object and thereby committed an offense punishable with death under section 188 of the Criminal Code Cap of the Laws of the Gambia 2009.

The case was adjourned to the 6th of March 2023 for continuation at 12:30 pm. 

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