By Bruce Asemota
High Court judge Ebrima Jaiteh, presiding over the murder trial of Ousainou Bojang has told the court that he cannot grant the Director of Public Prosecution (DPP) A.M.Yusuf ‘s request to invite a shoemaker to testify because doing so will pose several procedural and ethical concerns.
He said the prosecution has already closed its case and the accused is being cross examined, and therefore inviting a cobbler to give evidence under these circumstances could be perceived as an attempt by the prosecution to introduce new evidence while a defence witness is in the dock.
“The defence is entitled to present its case without undue influence or interruption of the ongoing prosecutions, particularly when the prosecution has already concluded its case. Allowing such a testimony during this stage of the trial creates an imbalance and undermines the integrity of the process,” Justice Jaiteh said.
He further stressed that allowing the request would not only be inappropriate but also contrary to the principles enshrined in the criminal procedure.
‘It is essential to maintain the order of the proceedings to ensure that both the prosecution and defence are afforded equal opportunities to present their case without interference. Comparing this request to the scenario of inviting a mobile phone technician to unlock a cellphone is not the same and are notably different.
“It is also essential for the integrity of the judicial process that the prosecution remains bounded by its timeline for presenting evidence.
Any deviation from these timeline, especially at the critical moments such as cross-examination, risk compromising the fairness of the trial and potentially infringing upon the rights of the accused person,” the judge said while rejecting the DPP’s request to invite a cobbler to testify .
He however advised that should the DPP wish to pursue this line of inquiry further, he can submit a formal application supported by relevant legal provisions outlining the justification for such testimony in a manner consistent with established criminal procedure, which will allow the court to consider the matter properly and ensure that all parties are given a fair opportunity to respond.
The accused Ousainou Bojang is accused of killing two police officers and wounding another. He denies the charges. The shoes in question were tendered by the prosecution to have allegedly belonged to the accused but when he tried wearing them in court, they did not fit.
The request was also objected by defence counsel, Lawyer Lamin Darboe who countered that the procedure was irregular noting that the prosecution has already closed its case.
