By Ousman Saidykhan
The lawyer for Ousainou Bojang, the alleged killer of police officers, informed Justice Jaiteh of the Banjul High Court on Tuesday of his intention to file a “no case to answer” just a moment after the prosecution announced it had closed its case.
Defense counsel J. Darboe said, “I will be applying for one month to file the no-case submission.”
State Counsel Abdul Yusuf told the court that the matter was called to proceed with the prosecution’s 14th witness, but the witness was indisposed.
The defense’s decision to file a “no case to answer” means they believe the State has not presented enough evidence to prove that the accused is responsible for the deaths of the Officers.
If the judge upholds their submissions, the defense will not be required to open its defense, and the accused will be acquitted.
However, suppose the “no case to answer” submission is unsuccessful. In that case, the trial will continue for the defense to open their case.
The court has given the defense one month to file its submission and the prosecution 30 days to file its response to the defense’s “no case to answer” submission.
The defense will have another seven days to reply to the prosecution’s response.
Thirteen witnesses have testified for the State despite telling the court their intention to call 24 witnesses at the beginning of the trial.
The last to testify was Alfusiney Dari, a driver, and head of a garage in Jululung, Cassamansce, Senegal. He said Ousainou had confessed to him of killing two individuals.
Ousainou Bojang had pleaded not guilty to the charge against him. He is being tried for allegedly shooting and killing two PIU Officers and critically injuring one on September 12 last year.
Meanwhile, Counsel L.K. Mboge, the lawyer for the second accused, Amie Bojang, has also aligned himself with the counsel for the first accused.
Amie Bojang has been accused of assisting Ousainou Bojand to escape from the country after his alleged killing of the PIU Officers. She has also pleaded not guilty.
The matter will resume on October 8.
