Ousainou Bojang’s Lawyer Urges State to Close Case After Witness Fails To Appear

Ousainou Bojang, the alleged shooter of the police officers

By Landing Ceesay 

Lamin J. Darboe, the lawyer representing Ousainou Bojang in his murder trial, has urged the court to compel the State to close its case after another failure to present a crucial witness.

The trial, involving Ousainou Bojang (1st accused) and his elder sister Amie Bojang (2nd accused), faced a setback when the Director of Public Prosecutions (DPP), AM Yusuf, informed the court of difficulties in securing a witness from Senegal.

Ousainou Bojang is facing six charges, including the murder of two Police Intervention Unit (PIU) officers, while his sister, Amie Bojang, is charged with being an accessory after the fact of murder.

To date, the Prosecution has called 12 witnesses, all of whom have testified. However, the court has been informed that the Prosecution has been unable to produce the 13th witness for several adjourned dates.

When the case resumed on Monday, July 22, 2024, DPP Yusuf reported that he still had not managed to bring the witness from Senegal to court.

“We don’t have a witness in court today. We are finding it difficult to have a witness. The witness is coming across the border, and it is difficult to have a witness from another country,” DPP Yusuf told the court. 

In response, Counsel Darboe urged DPP Yusuf to close the case if he could not produce the witness.

“My lord, this is not the first time the prosecution has been seeking an adjournment because they could not provide a witness. If they don’t have a witness, they should close their case,” Counsel LJ Darboe told the court. Presiding Judge Hon. Justice Ebrima Jaiteh of the High Court of the Gambia noted that he could compel the witness to testify if they were in the country, but the witness is currently abroad. “If the witness is here, I can compel him to appear pursuant to Section 117, but he is outside the country,” he stated.In response, DPP Yusuf indicated that while the original witness from Senegal was an officer, they are now planning to bring a civilian instead, as this would be easier.

Counsel LJ Darboe pointed out that the Prosecution had not previously disclosed that the witness from Senegal was a security officer. “My lord, as far as we know, it was only a civilian who stated this matter. Today is the first day I have heard that an officer has stated this matter.” 

DPP Yusuf requested the court to adjourn the case to Tuesday, July 23, 2024, expressing hope that a witness would be available by then.

The case was adjourned to Tuesday, July 23, 2024, for continuation.