By Landing Ceesay
The Lawyers representing Ousainou Bojang (1st accused), and Amie Bojang (2nd accused) in the Sukuta Traffic Lights murder trial Counsel Lamin J. Darboe and Counsel Lamin K. Mbodge have informed the court that they will enter a “No Case To Answer Submission” following the closure of the Prosecution case.
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.
Since the commencement of the trial, the prosecution has called Thirteen Witnesses, who have all testified and cross-examined by the Defence Counsels.
When the case resumed on the 30th of July 2024 for the evidence in chief of Fourteenth Prosecution Witness (PW14), the Director of Public Prosecution (DPP) A.M. Yusuf informed the court that his witness was indisposed, and therefore he would close the case in order not to waste the court’s time.
“My lord, We came here for the prosecution to produce PW14, however PW14 is indisposed. As such, my lord, considering the circumstances of the case, we don’t intend to prolong the trial. Hence, we are closing the case of the prosecution at this juncture,” DPP Yusuf told the court.
Hon. Justice Ebrima Jaiteh, the Judge presiding over the case, then ordered the closure of the Prosecution’s Case.
In response to the closure of the Prosecution’s Case, Counsel LJ Darboe, for Ousainou Bojang said his client would file a no case to answer submission.
‘My lord, at this stage, the first accused person (Ousainou Bojang) will make no case to answer submission. My lord, in the circumstances I am applying for one month to file the no case to answer submission,” Counsel LJ Darboe told the court.
Meanwhile, Counsel Lamin K Mbodge, for the 2nd accused person (Amie Bojang), informed the court that he is aligning himself with the submission of Counsel LJ Darboe.
“My lord, I am aligning myself with the submission of the Counsel for the 1st accused person and filed a no case to answer submission. My lord, the 2nd accused (Amie Bojang), is a nursing mother and there is an application before the court which has been filed since September.
“It is now one year since it was filed. I am begging this honorable court to consolidate this application and grant her bail pending the ruling of the no-case submission. The filing and exchange of briefs and the ruling will take us until the next term. We seek for the court’s indulgence to grant the application,” Counsel LK Mbodge said.
Responding to the defense counsel, DPP Yusuf did not object to the no case to answer submission. However, DPP Yusuf objected to the bail application advanced to the court by Counsel LK Mbodge.
DPP Yusuf argued that the application is overtaken by events since he closed his case.
“My lord, we are not objecting to the filing of the no case to answer submission. However, with regard to the application of the 2nd accused person, we are of the belief that the said application has been overtaken by events now that the prosecution has closed its case. And also the second accused has also filed a no-case submission. If the court rules in their favor, then she can go home,” DPP Yusuf argued.
In response, Counsel LK Mbodge disagreed with the submission of DPP Yusuf.
“I disagree with the learned DPP submission that the application has been taken over by events. That’s not the law. The law is saying that bail can be granted any time during the trial,” Counsel LK Mbodge submitted.
Hon. Justice Jaiteh then asked Counsel LK Mbodge to file the application before a vacation judge since he didn’t have time to hear the application.
The written briefs for no case to answer submission are ordered. Both the 1st and 2nd accused persons are given 30 days each to file their briefs on the no case to answer submission.
The DPP Yusuf is also given 30 days to respond to the briefs of the 1st and 2nd accused persons. Both the 1st and 2nd accused are given 7 days to respond to the DPP on the points of law.
Hon. Justice Ebrima Jaiteh then adjourned the case to the 8th of October 2024.