Gambiaj.com – (BANJUL, The Gambia) – Ousainou Bojang and his sister, Amie Bojang, walked free on Monday after being acquitted of all charges in a high-profile case, with the High Court granting them bail pending the State’s appeal against the verdict.
The siblings were cleared after the Court ruled that the prosecution failed to prove the case against them beyond a reasonable doubt. Immediately following the acquittal, the Director of Public Prosecutions (DPP) informed the Court of the State’s intention to appeal pursuant to Section 325 of the Criminal Procedure Act, 2025, and sought that the siblings be remanded in custody pending the appeal.
In response, Defence lawyers L. J. Darboe and L. K. Mboge argued that their clients, having been acquitted, should be admitted to bail, noting that no exceptional circumstances were presented to justify continued detention.
Justice Jaiteh emphasized the constitutional presumption of innocence, highlighting that the acquittal restores the liberty of the Bojangs and that any restriction on their freedom must be supported by compelling reasons.
Considering the submissions, the Court found no justification for remand and instead exercised its discretion to grant bail.
The Bojangs were admitted to bail on the conditions that each must enter into a D50,000 (Fifty Thousand Dalasis) bail bond, each must provide one Gambian surety, and sureties are required to deposit a valid National Identity Card with the High Court and swear an affidavit of means confirming the ability to cover the bail sum. The bail will lapse if the State does not file a competent appeal within 30 days.
The case, which drew national attention, stems from a violent incident at the Sukuta–Jabang traffic lights in September 2023. The High Court’s decision underscores the Court’s adherence to due process and constitutional protections, even as the legal process continues through the appeals system.
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