By Kemeseng Sanneh (Kexx)
Senior Lawyer Lamin J. Darboe has filed a motion (application) seeking the court’s permission to recall three of the prosecution witnesses in the case.
He indicated that he has fresh information to cross-examine the 3 witnesses.
OusainouBojang, a Brufut resident, is accused of murder, attempted murder, committing a terrorist act, and assault causing grievous bodily harm. His sister, Amie Bojang, is charged with being an accessory after the fact to murder. The prosecution alleged that OusainouBojang shot three police personnel with a gun, resulting in the death of two officers and severe injuries to another. The alleged incident happened on the 12th of September, 2023. Bojang denied the charges. The sister, Amie, allegedly facilitated his escape from the Gambia to Senegal, where he had reportedly been caught. Amie Bojang also rejected the charge.
The motion is dated the 24th of June 2024. It was brought in line with section 123 of the Criminal Procedure Code (CPC) and based on the inherent powers of the high court.
Section 123 of the CPC is titled “Power to Recall Witnesses” and it provides that “A court may at any stage of inquiry, trial or other proceedings under this Code call any person as a witness or recall and re-examine any person already examined, and the court shall examine or recall and re-examine such person if his or her evidence appears to it essential to the just decision of the case.”
The witnesses the defence wants to recall are Ismaila Bojang, who testified as a soldier working in the Yundum Military Barracks, Bakary Jarju, also a soldier and works in the same place, and Modou Sowe, the Commissioner of the Anti-Crime Unit of the Gambia Police Force.
The case could not proceed on Tuesday after the prosecuting counsel, Director of Public Prosecution, Abdul Maita Yusuf, informed the court that the last and final prosecution witness was unavailable. The excuse he gave was that the witness was bereaved.
DPP Yusuf asked for an adjournment which was granted by the court. Before the argument was granted, Lawyer Lamin J. Darboe informed the court that he had filed a motion to recall prosecution witnesses 1, 2, and 5 for further cross-examination. He informed the court that he had agreed with the prosecution to deal with the motion on the next adjourned date. The prosecution and the defence both requested 10 minutes to argue on the application to recall the 3 prosecution witnesses for cross-examination.
The case was adjourned to the 2nd of July 2024 at 2:15 pm.
