By Alieu Jallow
The Director of Prosecution, on July 30th, closed its case on the Sukuta-Jabang Police shooting incident after an intense year of hearings. The state initially filed 24 witnesses but decided to close their case after 13 witnesses had testified, with the 14th witness not being available.
On September 12th, 2023, three members of the police anti-crime unit were shot at the Sukuta-Jabang traffic, leading to the death of two young police officers, Constable Sang J. Mendy and Constable Pateh Jallow, while Constable Ancy Jawo sustained grievous bodily harm. After 24 hours of investigations, Ousainou Bojang was arrested as the prime suspect and his sister Amie Bojang as an accomplice. Ousainou Bojang was charged with two counts of murder, one count of attempted murder, one count of prohibition of acts of terrorism, and one count of grievous bodily harm. The second accused, Amie Bojang, was charged with accessory after the fact and arraigned before Justice Ebrima Jaiteh of the Banjul High Court.
AM Yusuf, representing the state, informed the court that they are closing their case on PW 13.
In his response, counsel Lamin J. Darboe, defense for the first accused person (Ousainou Bojang), noted that the prosecution had not proven their case beyond reasonable doubt and thus argued that the defense had no case to answer. Similarly, LK Mboge, defense for the second accused person, referred to his learned colleague’s argument, noting that the DPP should also file a no-case submission for the second accused.
Counsel Mboge raised the motion for a bail application filed in September 2023 for the second accused, in an originating sermon dated September 25th, 2023, for consideration, due to the fact that the second accused is a nursing mother. Counsel Mboge urged the court to consider her plight, as she is a mother of seven, with the youngest now 1 year and 6 months old. Counsel noted that the bail application has been lying fallow for a year and, as the court is set to go on vacation, he humbly urged them to grant her bail pending the ruling on the no-case submission. He further argued that the filing of briefs and rulings will take up to the next term.
In his response, the DPP cited that the bail application has been overtaken by events, and with the prosecution closing its case alongside the second accused, it might prove unattainable.
Responding to the DPP’s submissions on the bail application for the second accused being overtaken by events, counsel Mboge disagreed, citing that Section 99 of the Constitution states that bail can be granted at any time.
The state and defense counsels have unanimously agreed to file their briefs within 30 days, and the defense will respond within the same period.
The case was adjourned to October 8, 2024, at 1 pm for the submission of briefs.
