By Landing Ceesay
The voir dire (trial within a trial) in the Sukuta Jabang Traffic Lights murder trial commenced with a member of the Police Anti-Crime Unit Mr. Ebou Sowe testifying as the First Prosecution Witness (PW1) told the court that Ousainou Bojang was in good health condition when he was obtaining his statement.
The voir dire, (a trial within a trial), in the Sukuta Jabang Traffic Lights murder case kicked off with Mr. Ebou Sowe from the Police Anti-Crime Unit taking the stand as the First Prosecution Witness (PW1). Sowe informed the court that Ousainou Bojang was in sound health when providing his statement.
The trial within trial was initiated by Counsel Lamin J. Darboe, who represents Ousainou Bojang, the alleged perpetrator in the deaths of two Police Intervention Unit (PIU) Officers. Darboe raised concerns that his client’s statements were obtained under duress, involving drugging and physical abuse.
During the voir dire, Mr. Sowe, testifying as PW1, recalled the events of September 13, 2023, when Ousainou Bojang was brought to the Police Anti-Crime Unit as the primary suspect in the shooting incident at Sukuta Jabang traffic lights. This incident resulted in the deaths of two male police officers, with a female officer critically injured.
“He (Ousainou Bojang) was brought to the Police Anti Crime Unit as the principal suspect in relation to the shooting incident that occurred at the Sukuta Jabang traffic lights resulting in the deaths of two male Police Officers and a female police was left in a critical condition battling for her life,” Mr. Sowe told the court.
When questioned about the events on September 14, 15, and 23, 2023, Mr. Sowe recalled that on the 14th, Bojang was on his second day of detention at the Police Anti-Crime Unit. Bojang underwent investigations related to the shooting incident.
Sowe explained that during the interrogation, Bojang confessed to being responsible for the incident, providing details of the crime scene and his escape route, leading to the subsequent arrest of the 2nd accused (Amie Bojang). Sowe stated that he obtained a cautionary statement from Ousainou Bojang that lasted about 23 hours, without an independent witness due to the late hour.
“He (Ousainou Bojang) was therefore interrogated by the panel, and he confessed to being responsible for the shooting incident which led to the investigation at the crime scene. As well as his escape route after killing those Police Officers. The day was very lengthy as his confession led to the arrest of the 2nd accused (Amie Bojang). So about 23 good hours, I obtained a cautionary statement from him.
“This time, there was no independent witness because it was late at night. Before writing the statement, I read the cautionary wordings to him (Ousainou Bojang) that he needs not to say anything unless he wishes and anything he said would be getting down and might be used as evidence. This was translated to him in Wolof even though he confirmed to have understood in English as he is literate,” Mr. Sowe told the court.
Sowe asserted that he informed Bojang of his right to write his own statement, but Bojang chose to have Sowe write it.
According to Sowe, Bojang narrated his statement in Wolof, which was written in English. After translating it back to Wolof, Bojang confirmed its accuracy, read it, and provided his thumbprint. Sowe endorsed the statement with his details, and the process occurred at the Police Anti-Crime Unit in Banjulinding.
“He (Ousainou Bojang) therefore narrated his statement in Wolof, which I wrote in English. I translated this statement into Wolof, and he confirmed it to be correct. I equally gave him the same statement to read. He read the statement and confirmed the same. He therefore thumbed printed, and I endorse the statement with my details which include my name,” Mr. Sowe told the court.
Responding to the Director of Public Prosecution AM Yusuf’s query on Bojang’s condition, Sowe affirmed that Ousainou Bojang was in sound health with no complaints during the statement recording.
“What was the general condition of the 1st accused (Ousainou Bojang) at the time of recording his statement,” asked the Director of Public Prosecution AM Yusuf.
“He (Ousainou Bojang) was in sound health, with no complaints,” Mr. Sowe told the court.
Regarding the voluntary statements obtained from Bojang, which included confessions, Counsel LJ Darboe objected to the charges his client denied and accepted. Darboe pointed out discrepancies where Bojang agreed to some charges but denied others.”There is a set of documents, where he said he agreed, but there are a set of documents on the same charge where he said he did not agree,” he said.
Justice Ebrima Jaiteh of the High Court of the Gambia adjourned the proceedings to February 5, 2024, for further continuation.
Background of the Case
On September 21, 2023, Ousainou and Amie Bojang made their initial appearance before Principal Magistrate Omar Jabang of the Kanifing Magistrates’ Court, facing charges related to the shooting incident at Sukuta Jabang Traffic Lights, which resulted in the tragic deaths of two PIU officers and severe injury to another on September 12, 2023.
The police had initially leveled four charges against the accused, including two murder charges, an act of terrorism charge, and an accessory after the fact to murder charge. Subsequently, Principal Magistrate Omar Jabang transferred the murder trial to the Special Criminal Division of the High Court of The Gambia.
On October 12, 2023, the case was presented before Hon. Justice Ebrima Jaiteh of the High Court of The Gambia.
On October 19, 2023, the State brought six charges against Ousainou Bojang, the prime suspect in the deaths of two Police Intervention Unit (PIU) officers, and a single charge against his elder sister, Amie Bojang.
On October 24, 2023, both Ousainou Bojang and Amie Bojang entered pleas of not guilty to the charges