By: Cecilia E.L Mendy
The Global Fund Malaria Grant Corruption Case Monday resumed before the Banjul High Court with tendering of photographs as part of evidence of the case.
The hearing was presided over by Justice Ebrima Jaiteh while Counsel A.M. Yusuf, represented the state and Counsel K. Jallow representing the accused.
Serving as a witness, Balla Kandeh appeared in court to testify. During his testimony, the defence sought to tender five photographs printed on A4 sheets showing the witness’s swollen feet and hand, intending them to be admitted as defence exhibits.
The prosecution initially objected, arguing that the photographs appeared to have been extracted from a video and that the witness presenting them was not the original creator, making him an improper person to tender them in court.
Defence counsel Jallow countered, asserting that the witness personally took the photographs and was therefore competent to present them.
Justice Jaiteh reviewed the provisions of the Evidence Act 1994, highlighting that relevance is the primary criterion for admissibility.
Photographs are considered documentary evidence under Sections 97, 98(4), and 99 of the Act.
The court noted that whether images are produced digitally or printed on A4 paper does not diminish their evidential value.
Even photographs extracted from a video qualify as secondary evidence, and any concerns about authenticity affect their weight, not admissibility.
The court further notes that a witness who can identify and verify images is competent to tender them, even if not the original photographer.
DW1 Balla Kandeh confirmed he had personally taken the photographs, linking them to his medical injuries and supporting Defence Exhibit D6, a medical prescription from Medicare Clinic Annex.
After reviewing the legal framework and considering the witness’s testimony, Justice Jaiteh overruled the prosecution’s objection, formally admitting the five photographs as Defence Exhibit D7.
The case was adjourned to 24th March 2026 for further proceedings.
