By Landing Ceesay
On Monday, Defense Lawyer Lamin J. Darboe cross-examined the Second Prosecution Witness (PW2) Bakary R. Jarju in the alleged Sukuta Jabang Traffic Lights’ Shooter trial.
Jarju, a member of the Gambia Armed Forces, testified that he, Ismaila Bojang, and Omar Jallow went for training at the Senegambia beach on the day of the shooting incident. He said that they were selected to go for special training in Turkey for a period of one month, which they successfully completed and returned from on October 23, 2023.
Bakary R. Jarju, a member of the Gambia Armed Forces, appeared in court as an eyewitness to the shooting incident that occurred on September 12, 2023.
During cross-examination, Bakary R. Jarju stated that, in terms of rank, Omar S. Jallow held a higher position than both him and Ismaila Bojang.
The Defense Lawyer questioned how it was possible for them to send their superior to purchase Afra for them. PW2 responded, “It is never a crime in the military to send your senior, especially if he or she wants to help you,” Jarju also told the court that he could not remember exactly the kind of building under whose veranda they sat at the Sukuta Jabang Traffic Lights. He said that the veranda was not occupied by people and was not on the same side as the PIU Officers who were shot.
Counsel Lamin J. Darboe then asked the witness whether the Veranda they sat under was on the same side as the PIU Officers who were shot.
“Not the same side, In essence, the Police Officers were sitting on the concrete that divided the two roads there. We were sitting under a veranda that came from Yundum to Sukuta,” he told the court.
PW2 confirmed to the court he did not know where the shooter came from when he was asked by Counsel Lamin J. Darboe.
“When the Officer with the AK-47 was shot, how long does it take the Second Officer to scramble with the shooter for the AK-47? Counsel Lamin J. Darboe asked.
The witness told the court that the scramble for AK-47 took a few seconds.
“When they were scrambling for the AK-47, you were just looking at them without doing anything,” Counsel Lamin J. Darboe told the witness.
“At this point, I only heard the gunshot. I did not know what was happening. I thought it was a negligent discharge. Because in the Military, It is a tactic that whenever you hear a gunshot you should not rush there,” PW2 told the court.
Counsel Lamin J. Darboe asked the witness whether he thought the second gunshot was also a negligent discharge. The witness responded in the negative.
The witness also told the court that he could not recall the intervals between the two gunshots he heard.
The witness also testified that when the shooter shot the two Police Officers, he took a step back and shot the female officer.
The witness further told the court that when the shot was fired, he knew that it was a pistol. The witness said he could differentiate the sound of guns.
However, the witness told the court that he cannot testify that all pistols sound the same.
Counsel Lamin J. Darboe asked the witness to demonstrate the sound of AK47 in the court.
“No, I cannot because even pam-pam is a firework sound, but it can be considered as AK47,” he said.
Counsel Lamin J. Darboe asked the witness whom the shooter was firing at during the time they were chasing him.
The witness responded in the negative and told the court that he saw the shooter turning and shooting, and then told Ismaila Bojang (PW1) to take cover.
Counsel Lamin J. Darboe asked the witness the whereabouts of their colleague Omar S. Jallow at that time.
The witness said he could not tell where Omar S. Jallow was because he (the witness) was concentrating on the shooter.
“So, how many shots did he (the shooter) fire,”? Counsel Lamin J. Darboe asked.
“It is hard to count shots when you are under pressure, but I count up to 6. The first shot was fired at the officer with the AK47, the second shot was fired at the second officer, he then shot the third Officer who is the female officer, the fourth shot was fired at the roundabout, the fifth shot was fired when he entered the Junction and turned fired and then after some distance he shot again,” the witness told the court.
“So with your expertise, how many bullets can a normal pistol have,”? Counsel Lamin J. Darboe asked.
“Pistols are different and they take different rounds. I can only know if I see the mark, other than that I don’t know,” the witness told the court.
“As a military officer, was it your function to collect evidence at a crime scene,”? Counsel Lamin J. Darboe asked.
“I took an oath to protect the lives and properties of people, protect the territorial integrity of this country. That is why I collected the evidence,” the witness said.
The witness confirmed to the court he picked one empty bullet case from the scene, while Ismaila Bojang (PW1) also picked one empty bullet case.
The witness told the court that when he picked the empty bullet cases, he first confirmed to know whether it was a live round.
Counsel Lamin J. Darboe asked the witness whether he handed over the empty bullet cases to someone else.
The witness told the court that he surrendered them to Ismaila Bojang (PW1) who then surrendered them to one Mr. Sowe.
Counsel Lamin J. Darboe then requested the witness’s testimony and asked him (the witness) to read from the second paragraph.
The witness then read that he surrendered the empty bullet cases to one Mr. Sowe.
“So, your statement is not correct,” Counsel Lamin J. Darboe asked.
“No, because we are all soldiers and needed to confirm. I didn’t hand it over to Mr. Sowe because he approached me to hand over the empty bullet case. But I told him that I did not know him. So one PIU Officer came to me and told me that the man is an Officer and I told Omar the PIU Officer said the guy is an officer and that was how he handed over the empty bullet cases to him (Mr. Sowe) after confirming that he was an Officer,” the witness told the court.
Hon. Justice Ebrima Jaiteh then informed the court that the time is up, and the case was adjourned to the 13th of November 2023 for 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.
Initially, the police had lodged 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. Subsequently, the state presented its first prosecution witness.
The case has been adjourned to November 7, 2023, for the cross-examination of the first prosecution witness and the continuation of the hearing.