Gambiaj.com – (BANJUL, The Gambia) – Ousainou Bojang and his sister, Amie Bojang, have been returned to Mile 2 Central Prison after the State moved swiftly to block their release following their acquittal by the High Court in Banjul.
The siblings were on Monday acquitted and discharged by Justice Jaiteh in the high-profile case linked to the fatal shooting of two police officers at the Sukuta–Jabang traffic lights in September 2023. Shortly after the ruling, state prosecutors informed the court of their intention to appeal the decision and sought an order to keep the two in detention.
However, defense counsel Lamin J. Darboe objected, arguing that since the court had acquitted and discharged his clients, they could not be remanded in custody.
Justice Ebrima Jaiteh agreed with the defense and granted bail to the two in the sum of D50,000 each, with conditions.
After meeting the bail requirements, a release order was sent to Mile 2 Central Prison to facilitate their freedom.
Re-Arrest After Release as State Cites Security Risks
Upon their release from the prison facility, Ousainou and Amie Bojang were immediately re-arrested and taken to the Banjul Police Headquarters. After spending several hours in police custody, they were later transported back to Mile 2 Central Prison.
On Tuesday, the State, through the Director of Public Prosecutions (DPP), formally moved to prevent their release by filing an urgent ex parte motion seeking a stay of the court’s bail order.
In the affidavit supporting the motion, prosecutors argued that releasing the siblings poses what they described as an “extreme and imminent risk.”
The State requested an immediate stay of the High Court’s order granting bail to the two accused persons, contending that the bail conditions, a D50,000 bond and the deposit of an identity card, were “grossly inadequate” given the circumstances of the case.
Prosecutors cited what they described as Ousainou Bojang’s “proven propensity for flight,” noting that he allegedly traveled to Senegal less than 24 hours after the September 2023 shooting incident.
The affidavit also stated that Amie Bojang had previously admitted to facilitating her brother’s journey to the border by arranging hired transport.
The State further argued that the seriousness of the case, which involved the deaths of Police Constables Sang J. Gomez and Pateh Jallow, requires that the siblings remain in custody while the appeal against their acquittal is pursued.
“Public interest and national security dictate that persons accused of terrorism and the murder of security personnel should remain in custody until the legal challenge to their acquittal is addressed,” the affidavit stated.
Prosecutors are now seeking a court order to keep the two detained at Mile 2 Central Prison until a formal Motion on Notice regarding the stay of the bail order is heard.
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