By Ousman Saidykhan
Justice Ebrima Jaiteh of the High Court in Banjul has dismissed Ousainou Bojang and Amie Bojang’s No Case to Answer applications and ordered both accused to open their defenses.
The trial judge, Justice Jaiteh, said the No Case to Answer submissions lacked merits, stating “clearly” that the prosecution has adduced “direct and circumstantial evidence” to the Court linking the accused persons to the case.
“Therefore, a prima facie case has been made out against the accused persons, and the arguments on the submission of no case to answer lacks merit and are hereby dismissed. The accused persons are now called upon to open their defense,” Jaiteh ruled.
Ousainou Bojang is being tried for the murder of PIU officers. He has been accused of shooting and killing two PIU officers and critically injuring one on September 12, last year, a charge he pleaded not guilty to.
The 2nd 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.
After calling 13 witnesses to testify in the murder trial, the prosecution closed its case in July so that the defense could open its defense. However, the lawyers for the accused persons, Lamin J. Darboe and LK Mboge, filed applications arguing their clients had no case to answer, urging the Court to acquit and discharge them.
But the Court’s ruling, which is against the defenses’ submissions, means they are required to open their defenses if they must clear themselves from the accusations because the High Court is convinced that the prosecution produced evidence to support their allegations and that their evidence is such that it requires some explanation from the first accused person.
“Where was he at the material time of the alleged shooting? What did he tell Pw3 – Mama Jabbi while in Julunung? What did he discuss with PW5 – Momodou Sowe from Giboro post to Anti-Crime Unit? What did he say to PW6 Ebou Sowe? What did he say to PW13 – Alfusainey Darri in Jululung?” Jaiteh rules are among the questions the Ousainou needs to answer.
He also ruled that the 2nd accused person, Amie Bojang, needed to explain what he was helping and escorting Ousainou Bojang to travel to the Senegal border through Dassilameh into the Cassamance Region of Senegal.
The case was adjourned to November 4, 2024, for the defenses to open their defense.
Just like the prosecution, the defense will also call witnesses, if they have, to fight for their innocence as they have pleaded not guilty to the offenses they have been accused of.
