By Arret Jatta
The High Court in Banjul yesterday acquitted and discharged Ousainou Bojang and his sister, Amie Bojang, accused of killing and helping the suspect escaped to Senegal respectively. The case spanned over two years with each twist attracting national attention.
The verdict, delivered in a packed court room, and the nation grinding to a halt in suspense, triggered emotional scenes as gasps, murmurs, and jubilation erupted, with family members shedding tears of relief.
Background of the Case
The case centered on the fatal shooting of two officers and the wounding of another attached to the Police Intervention Unit (PIU) in September 2023.
Atmosphere in courtroom
Justice Jaiteh delivered a marathon 130-page judgment, beginning with a comprehensive review of all testimonies presented during the trial. The courtroom stayed silent as the judge transitioned from summarising evidence to analysing whether the prosecution had met the legal threshold required for conviction.
He noted that while both parties submitted briefs relying on Gambian and international law, he would only refer to them where necessary, focusing primarily on the strength of the evidence.
Burden of proof
The judge said the core of the judgment was the question of whether the State had proven its case beyond reasonable doubt.
He went on to state that the court’s task was not merely to recount evidence, but to determine whether that evidence was sufficient to secure a conviction.
Alibi and investigative failures
A major turning point in the case was the court’s acceptance of the defence’s alibi.
Justice Jaiteh found that evidence presented by the defence established that Ousainou Bojang was at his workplace in Brufut at the time of the incident. “The accused cannot be in two places at the same time,” noting that the alibi remained unchallenged.
The judge sharply noted that the prosecution failed to investigate the alibi, describing the state’s case as “incomplete, unbalanced, and unverified.” He further said investigators focused on intimidation and detention rather than establishing the truth.
Concerns over confessional evidence
The court also raised serious concerns about alleged statements attributed to Ousainou Bojang.
Justice Jaiteh noted that the accused denied making the statements and highlighted that under the Anti-Terrorism Act, extra-judicial confessions must be video recorded. The failure to comply with this legal requirement, he ruled, rendered the statements unreliable.
Identification and witness testimony
Another critical weakness in the prosecution’s case was the issue of identification.
The surviving victim testified that she did not recognise Ousainou Bojang at the scene and only came across his image later on social media. Justice Jaiteh held that this significantly undermined the prosecution’s case and created reasonable doubt.
He also questioned other aspects of the evidence, including the audio claims by a key witness Mama Jabbie and contradictions in testimonies from soldiers presented by the State.
The verdict
After analysing all the evidence, Justice Jaiteh concluded that the prosecution failed to prove its case beyond reasonable doubt.
“The 1st Accused, Ousainou Bojang, and the 2nd Accused, Amie Bojang have both been acquitted and discharged on all counts,” the judge ruled.
State to appeal, bail granted
Following the judgment, the Director of Public Prosecutions announced the State’s intention to appeal and applied for the accused persons to be remanded in custody.
Th defense counsel opposed the application and instead sought bail, arguing that the acquitted persons were entitled to their liberty.
In his ruling, Justice Jaiteh declined the State’s request, citing constitutional protections and the absence of exceptional circumstances to justify detention. He granted bail to both accused persons in the sum of D50,000 each, with one Gambian surety required.
The court further ordered that the bail would elapse after 30 days if the State fails to file a competent appeal.
Reaction
The verdict sparked emotional reactions inside the courtroom, with family members and supporters openly weeping in what many described as tears of joy.
The case, regarded as one of the most significant criminal trials in recent years, is expected to continue in the appellate courts as the State moves to challenge the acquittal.
