By: Mama A. Touray
Justice Ebrima Jaiteh of the Banjul High Court has today rejected State Counsel S. L. Jobarteh’s application for the court to declare Global Properties CEO Saul Frazer a hostile witness in the alleged money laundering trial of Paublo Djabi and two others.
State Counsel Jobarteh had asked the court to treat Frazer, who is Prosecution Witness 7, PW7, as a hostile witness. The application was opposed by Defence Counsel S. M. Tambedou, who argued that PW7 was simply telling the truth and that no legal basis had been laid for such a declaration.
In his ruling, Justice Jaiteh said “the law is well established that a witness may only be declared hostile where there is clear evidence that he is deliberately withholding the truth, is being evasive, or has materially contradicted his prior statement in a manner that demonstrates adverse intent toward the case of the party calling him”.
“Having reviewed PW7’s testimony in light of these principles, I find no sufficient basis to warrant a declaration of hostility,” he continued. “PW7 answered the questions put to him without evasion, and his testimony, though perhaps unfavourable to the Prosecution, is not, in itself, grounds to render him hostile. A witness is not to be declared hostile merely because his evidence does not align with the expectations or hopes of the party that called him.”
Justice Jaiteh added that the hostile witness remedy is an exceptional one and “must not be invoked simply to cure evidential weaknesses in the Prosecution’s case”. He said the Prosecution had not shown any material inconsistency between PW7’s oral evidence and his prior written statement, nor any sign that he was unwilling to answer questions or reluctant to tell the truth.
Backing the defence’s position, the judge noted that a witness is entitled to “place before the Court whatever facts he believes to be true,” and that the court is the final judge of credibility. “At this stage, nothing in the testimony of PW7 suggests deliberate dishonesty or obstructiveness that would activate the court’s discretionary power to declare him hostile,” he ruled. “The application is accordingly refused. PW7 shall remain a witness of the Prosecution, and his evidence shall stand as given.”
Paublo Djabi and the two co accused are facing twenty charges, including dealing in prohibited drugs, possession of prohibited drugs, prohibition of certain activities relating to drugs, an offence described in the charge sheet as “currency disclosure”, and the offence of money laundering.
By: Mama A. Touray Justice Ebrima Jaiteh of the Banjul High Court has today rejected State Counsel S. L. Jobarteh’s application for the court to declare Global Properties CEO Saul Frazer a hostile witness in the alleged money laundering trial of Paublo Djabi and two others. State Counsel Jobarteh had asked the court to treat The Fatu Network
