By Bruce Asemota
Ousainou Bojang, the suspected killer of two PIU officers, has failed to open his defence yesterday before Justice Ebrima Jaiteh of the High Court in Banjul.
The said court had earlier declared in a ruling that the suspect has a case to answer, hence open his defence.
The matter was adjourned for the suspect to open his defence, however during yesterday’s sitting after the case was called, lawyer Lamin J. Darbo, counsel for Ousainou Bojang informed the court that the defence has a witness and wanted the witness to open its case.
The Presiding Judge advised defence counsel Lamin J.Darbo to look at the Gambia Court of Appeal decision on a witness opening defence in a criminal case before the accused person.
He referred to the case of the state against Yankuba Touray which was decided by the Gambia Court of Appeal.
Justice Jaiteh cited section 167 of the Criminal Procedure Code which states that at the close of the evidence in support of the charges, if it appears in court that a case is made out against the accused person sufficiently to require him or her to make a defence, the court shall call upon him or her to enter into his/her defence and shall inform him/her that, if he or she so desires he or she may give evidence himself or herself on oath or may make a statement.
Justice Jaiteh opined that in criminal cases it is the accused person that would open defence and if they choose to call witness or witnesses if he or she so desires but not the witness opening defence.
The Presiding Judge however adjourned the matter to the 13th November, 2024.
