By Bruce Asemota
Justice Ebrima Jaiteh of the High Court yesterday ruled that Ousainou Bojang and Amie Bojang suspect and alleged accessory in the killing last year of two police officers have a case to answer, rejecting their motion for a no case to answer.
In his declaration, Justice Jaiteh further disclosed that both counsels Lamin J.Darboe and Lamin Mboge representing the two accused persons respectively, submitted that the prosecution failed to prove the charges against their clients and urged the court to discharge and acquit them while the DPP, AM Yusuf in response to the arguments of the defence, adopted the sole issue formulated by Lawyer Lamin J.Darbo and refereed the court to the testimonies of PW3,6 and 13 and the exhibits recovered from Ousainou Bojang’s house and place of work.
Justice Jaiteh continued to state that after he carefully read the brief of arguments filed by the respective counsels for Ousainou and Amie, and that of the DPP with great interest, he considered that there was one issue for determination, which is whether the accused persons have a case to answer.
“At this stage of trial, the court does not need to deal with the credibility or not of the witnesses adduced by the prosecution or on the weight of their evidence but whether the prosecution established a prima facie case against the accused persons,” Jaiteh said.
He further disclosed that without going into evidence or facts of the case, he believed the evidence adduced by the prosecution requires that Ousainou Bojang should explain to the court where he was at the material time of the alleged shooting; what he said to PW3-Mam Jabbie whilst in Djoulou; what he discussed with PW5 Modou Sowe in his vehicle from Giboro to Anti-crime Unit; what he said to PW6-Ebou Sowe and what he said to PW13-Aifusainey Darry, Chef the Garage at Djoulou.
On Amie Bojang, Jaiteh said she needs to explain to the court why was she helping and escorting Ousainou Bojang, a grown-up man to travel to the Senegal border through Daesilameh into Casamance.
The judge therefore declared that the arguments on the submission of no case to answer lacks merit and was accordingly dismissed.
“The two are hereby called upon to open their defence and hearing continues on the 4 November, 2024,” the judged ruled.
