By Kemeseng Sanneh (Kexx)
Defence lawyers Lamin J. Darboe and Lamin K. Mboge have both informed Justice Ebrima Jaiteh of the Banjul High Court that they wish to make a “no case submission” in the police shooting case.
A ‘no case submission’ is made when the defence considers that the prosecution does not present a strong case capable of securing conviction. It simply means the court should acquit Ousainou Bojang and his sister without them having to open their defence. It means the prosecution’s case is weak such that conviction cannot be secured based on the totality of the evidence presented. When a no case submission is made, it basically means that Ousainou and his sister, Amie Bojang are asking the court to release them without having to present a defence.
Lawyer Darboe is representing Ousainou Bojang while Lawyer Mboge is the counsel for Amie Bojang, who is accused of facilitating Ousainou’s escape to Senegal.
Ousainou Bojang, the person accused of shooting and killing two (2) policemen testified in his murder trial.
The prosecution alleged that on 12 September 2023 while at the Sukuta traffic lights, Ousainou Bojang, shot three police personnel with a gun, resulting in the death of two leaving the other with life-threatening injuries. Ousainou denied the allegations in court.
Ousainou had previously alleged that he was tortured by the police and his police statement was not obtained voluntarily. The statement was admitted in evidence.
He now believes that the police have failed to prove the charge against him. He will now make a “no case submission” as a first attempt to get his freedom. If he succeeds, he will be acquitted and discharged by the court- meaning the prosecution’s case will be declared as failed.
The Director of Public Prosecution, Abdul Maita Yusuf on Tuesday informed the court that they intended to call on PW14, but unfortunately, he was not available. He said the prosecution’s case is closed.
The presiding Judge, Justice Jaiteh, ruled for the closure of the prosecution’s case.
Defense Counsel Lamin J.Darboe for the first accused (Ousainou Bojang) informed the court that they will be filing a ‘no case submission.’ Darboe requested one month to file the application.
Lawyer Lamin Mboge for the second accused person (Amie Bojang) associated himself with the submission of Lawyer Lamin J. Darboe as he also indicated that he will make a similar application.
Lawyer Mboge informed the court that Amie Bojang is a nursing mother, and they have filed a motion for bail during the last vacation, and it’s one year since then. He pleaded with the court to allow him to move the application.
Director of Public Prosecution A.M. Yusuf objected to the application. Yusuf submitted that the bail application has been overtaken by events and the prosecution has already closed their case. He added Amie Bojang has already indicated her intention to file a No case submission.
He urged the court to dismiss the application for bail.
Lawyer Lamin Mboge said the arguments of the Director of Public Prosecution, A.M Yusuf, are not based on law. He argued that bail can be requested anytime in a trial, relying on 99 of the Criminal Procedure Code. He said the liberty of the accused is paramount and the court has to put that into consideration.
He further informed the court that she has 7 children, and the youngest is one year and six months old. The court suggested that the application be heard during the vacation.
The court gave 30 days for both defence counsels to file their ‘no-case submission’ and for the Director of Public Prosecution, A.M Yusuf, to reply.
The case was adjourned to the 8th February 2025 for adoption of briefs.
