By Ousman Saidykhan
Justice Ebrima Jaiteh of the Banjul High Court will deliver a ruling next week, Tuesday, October 15, on the No Case to Answer application filed by Ousainou Bojang’s lawyer in September after the prosecution closed its case in late July 2024.
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.
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 lawyer for the first accused, Lamin J. Darboe, said his client has no case to answer in an application filed on September 6.
The State was also given time to respond to the defense’s application, and they did that on October 8, the same day their briefs were adopted.
At the adoption of briefs, J. Darboe urged the court to “uphold his submission and acquit and discharge” his client, Ousainou Bojang, the first accused in the trial.
He sought the same for Amie Bojang, the second accused while speaking on behalf of her lawyer, Counsel L K. Mboge.
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. Her lawyer has also filed a No Case To Answer.
Meanwhile, the prosecution, represented by Counsel ANM Yusuf, urged the court to dismiss the No Case To Answer submissions.
“…we rely on all the arguments we already cited in the said response, and we urged this honorable court to uphold same and accordingly dismiss the submission of the first accused person regarding the No Case To Answer and order him to open his defense.”
He asked the same for the second accused person, Amie Bojang.
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, if the No Case To Answer submission is unsuccessful, the trial will continue for the defense to open their case.
