Gambiaj.com – (BANJUL, The Gambia) – The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, has denied a prosecution request to call a cobbler as a witness in the ongoing murder trial of Ousainou Bojang and his sister, Amie Bojang. The court ruled that the attempt to introduce new evidence at this stage was procedurally improper and could undermine the fairness of the trial.

During proceedings, Director of Public Prosecutions (DPP) Abdurrahman Maitama Yusuf sought to call a cobbler to testify on the method of measuring shoes, evidence linked to Exhibit P26, which had already been admitted into the court record. However, Defence Counsel L. J. Darboe strongly opposed the request, arguing that the prosecution had already closed its case and that the trial had advanced to the Defence stage.

In his ruling, Justice Jaiteh described the prosecution’s attempt as procedurally irregular, emphasizing that the defense must be allowed to present its case without interference. He cautioned that introducing new prosecution evidence during the cross-examination of the first accused could disrupt the legal process and create an unfair imbalance.

“The defense is entitled to present its case without undue influence or interruption from the prosecution, particularly after the state has concluded its case,” the judge stated.

He further illustrated his point with a hypothetical scenario involving a mobile phone technician, noting that while unlocking a device during trial might present an urgent need, the information sought from the cobbler was not of such critical necessity since it had already been covered by existing evidence.

While the ruling did not entirely bar the prosecution from pursuing the matter, the court directed that any renewed effort must be presented through a formal application supported by legal arguments.

“In conclusion, adherence to procedural rules is vital in maintaining the rule of law and ensuring the equitable administration of justice,” Justice Jaiteh ruled.

Both accused persons, Ousainou Bojang and Amie Bojang, were present in court alongside their respective counsels. Defense lawyer L.J. Darboe also held brief for Counsel L.K. Mbogge, who represents the second accused.