By Bruce Asemota
Justice Ebrima Jaiteh has ruled in favour of an application for the appearance of a serving military officer of the Gambia Armed Forces, Omar S Jallow, to testify as a defence witness in the ongoing PIU shooting trial.
The application was made by Lawyer Lamin J Darboe on behalf of the first accused, Ousainou Bojang. The soldier had earlier provided a signed statement to the police on the 14th September, 2023 on the shootings, but was not called by the prosecution team to testify in the trial.
The court confirmed that Omar S Jallow was listed as a prosecution witness and his testimony may be material to the fair determination of the case.
Justice Jaiteh asserted that the Director of Public Prosecution (DPP) and Counsel A Sillah, representing the second accused Amie Bojang, did not oppose the application.
The High Court ruled that denying the accused the right to call a material witness who had already cooperated with the investigators would amount to a violation of due process and the principles of natural justice.
Accordingly, the court issued a formal order summoning Officer Omar S Jallow to appear and testify and directed that the Chief of Defence Staff (CDS) of the Gambia Armed Forces be served with the order to facilitate compliance.
In a stern warning, the judge noted that any refusal, neglect, or failure by Omar S Jallow to comply with the court order would be deemed contempt of court and may attract sanctions including imprisonment.
The case continues on the 7th July, 2025.
