The Attorney General’s Chambers and Ministry of Justice has issued a statement explaining why it is appealing the judgment delivered on Monday by the high court freeing Ousainou Bojang and Amie Bojang.
The court acquitted and discharged Mr Bojang on five counts of of murder of Police Constables Sang J Gomez and Pateh M Jallow, commission of acts of terrorism, and attempted murder of Police Constable Ansey Jawo, and one count of grievous bodily harm. The court also acquitted and discharged Amie Bojang on one count of being an accessory after the fact to murder. The shootings occurred at the Sukuta-Jabang roundabout on 12th September 2023.
In its statement, the government reaffirmed its respect for the independence of the judiciary and the right of every court to deliver judgment according to its assessment of the evidence and the law.
But it stressed that the government “owes a solemn duty to the families of the fallen officers, to the surviving officer, and to the people of The Gambia to ensure that the legal process is pursued to its fullest extent where legitimate grounds exist to do so”.
The statement added: “Having carefully reviewed the judgment, the Attorney General’s Chambers is dissatisfied with the judgment particularly in the trial court’s evaluation of the evidence and the conclusion reached. Following the oral notice of appeal given to the Court by the Director of Public Prosecutions pursuant to Section 325 of the Criminal Procedure Act, 2025, the state filed an appeal against the acquittal and discharge of both accused persons at the Court of Appeal. The state is seeking appropriate relief, which includes the setting aside of the acquittal and substitution of the judgment with a conviction and sentence that commensurate with the gravity of the offences
“The government wishes to assure the general public that this decision proceeds from a careful legal assessment of the judgment, and not from any disregard for the presumption of innocence or the right to a fair trial. The right to appeal against an acquittal exists precisely because the law recognises that trial courts, like any human institution, may err. An appeal provides the opportunity for a superior court to review whether such errors occurred and, if they did, whether they affected the outcome.”
