Gambiaj.com – (Banjul, The Gambia) – June 10, 2025 – In a significant development in the high-profile trial of Ousainou Bojang and Amie Bojang, Justice Ebrima Jaiteh of The Gambia’s High Court today ruled in favor of the defense, ordering three senior public officials to appear and testify regarding public statements they made concerning the deadly shooting incident at Sukuta Traffic Lights.

The ruling came after an application filed by Counsel Lamin J. Darboe, representing Ousainou Bojang, the first accused in the ongoing police assassination trial. Mr. Darboe sought to compel Government Spokesperson Ebrima G. Sankareh, National Security Advisor Babucarr Jeng, and Deputy Inspector General of Police Momodou Sowe to testify before Justice Jaiteh.

The defense argued that the officials’ statements, made shortly after the incident, were relevant to the trial and that their testimony was essential to clarify the impact of those remarks.

The Director of Public Prosecutions (DPP), A. M. Yusuf, vehemently objected to the application, arguing that the officials had not provided statements to investigators nor were they part of the police panel that handled the case, thus rendering their testimony irrelevant.

However, Lawyer A. Sillah, representing the second accused, Amie Bojang, supported the defense’s application. He emphasized the court’s broad authority to issue subpoenas, including subpoena ad testificandum (ordering a person to testify) and subpoena duces tecum (ordering the production of documents), asserting that the court can compel any competent person to appear if it serves the interest of justice.

After a brief recess, Justice Ebrima Jaiteh delivered his ruling, siding with the defense. The judge underscored that the law permits the defense to call any competent witness, irrespective of whether they provided statements during the police investigation.

“It is a settled principle of criminal procedure that the requirement for a witness to have made a statement to the police or prosecution applies solely to the prosecution’s case,” Justice Jaiteh stated. “The defense is not bound by this procedural constraint.”

He dismissed the DPP’s objection, asserting that the absence of formal statements from the officials did not preclude the court from ordering their appearance. “The Court finds no credible basis on which to refuse the application,” he ruled. “The defense is entitled to call any competent witnesses to rebut or support their case.”

Justice Jaiteh further stressed the critical importance of safeguarding an accused person’s right to a fair trial. He warned that denying the application on mere formalities or non-involvement in the initial investigation, without demonstrating prejudice or unfairness to the prosecution, would unjustly curtail the accused’s rights.

The three officials – Ebrima G. Sankareh, Momodou Sowe, and Babucarr Jeng – have been ordered to appear in court on Monday, June 16, 2025, at 11:00 a.m. to provide full testimony on all matters within their knowledge concerning the case.

Justice Jaiteh issued a stern warning, concluding that “Failure or neglect to appear as commanded shall be regarded as contempt of this Honourable Court and will be dealt with accordingly.”

The judge emphasized that the court’s decision is aimed at ensuring the full and fair administration of justice in the ongoing trial.