High Court Dismisses ‘No Case Submission’ in Police Shooting Case

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Gambiaj.com – (BANJUL, The Gambia) – Justice Ebrima Jaiteh of the Banjul High Court has dismissed the ‘no case submission’ filed by the defence lawyers in the ongoing trial of Ousainou Bojang, who is accused of killing two police constables in September 2023 at the Sukuta-Jabang Traffic Lights. Bojang’s sister, Amie Bojang, is also on trial, accused of assisting him in fleeing after the incident.

In a detailed ruling, Justice Jaiteh rejected the argument by the defence that the prosecution had failed to provide sufficient evidence. The defence lawyers, Lamin J. Darboe representing Ousainou Bojang, and Lamin Mboge representing Amie Bojang, had argued that the prosecution’s case was weak and did not warrant their clients to open their defence.

Ousainou Bojang faces five serious charges, including two counts of murder for allegedly shooting Constable Sang J. Gomez and Constable Pateh Jallow, as well as charges of terrorism, attempted murder, and grievous bodily harm to another officer, Ancy Jallow. His sister, Amie Bojang, faces a single count of being an accessory after the fact to murder.

The prosecution, led by the state, presented thirteen witnesses and a range of exhibits to support the allegations. However, after the prosecution closed its case, the defence opted for a ‘no case submission’, arguing that the evidence was insufficient to require the accused to present their defence.

In his ruling, Justice Jaiteh disagreed, stating that Ousainou Bojang has questions to answer, including his whereabouts at the time of the shooting, and his interactions with several prosecution witnesses, including what he allegedly discussed with them. He noted that the court needed further clarification on these matters before a final judgment could be reached.

Similarly, Justice Jaiteh pointed out that Amie Bojang must explain why she assisted her brother in fleeing to Senegal after the incident.

“I must state clearly that the prosecution has adduced direct and circumstantial evidence before this Honourable Court linking the Accused Persons to this case,” Justice Jaiteh said, affirming that a prima facie case had been made against the accused.

He dismissed the ‘no case submission’ as lacking merit and called on both Ousainou and Amie Bojang to open their defence. The case has been adjourned to 4th November 2024, when Ousainou Bojang is expected to present his defence.

This ruling marks a critical moment in a high-profile case that has garnered significant public attention, as the court now moves into the next phase of the trial.

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