Court frees Ousainou, Amie, cites evidential gaps in prosecution’s case
The High Court of The Gambia has acquitted Ousainou Bojang of murder in connection with the fatal shooting of two Police Intervention Unit officers, ruling that the prosecution failed to prove its case beyond reasonable doubt.
His sister, Amie Bojang, who had been charged as an accessory after the fact, was also acquitted.
Delivering judgment, Justice Ebrima Jaiteh said the State did not establish that Bojang was responsible for the deaths of Police Constables Sang J. Gomez and Pateh J. Jallow, who were shot at the Sukuta–Jabang traffic lights on September 12, 2023.
The court accepted evidence confirming that the officers died from gunshot wounds, supported by postmortem reports and death certificates. However, Justice Jaiteh stressed that the key issue in the trial was not whether a crime occurred, but whether the accused committed it, an element he found unproven.
Central to the ruling were inconsistencies in the prosecution’s case. Witnesses, including officers who said they were at the scene, gave conflicting accounts regarding the identity of the attacker and the number of shots fired. The court found these contradictions significant enough to create reasonable doubt. The judge also questioned the reliability of identification evidence. A key witness, Ancy Jawo, who was shot, based her identification of Bojang on a photograph seen on social media rather than from direct observation at the scene. The court held that such evidence carried limited weight.
Also, the alleged confession said to have been made by the accused, recorded by prosecution witness Mama Jabbi, which she claimed to have lost, raised concerns. Justice Jaiteh cited issues with how the audio recording was handled, noting that the failure to preserve the original recording undermined its credibility and reliability.
The court further noted the absence of forensic or scientific evidence linking Bojang to the crime. No material evidence was presented to establish a direct connection between the accused and the shooting.
Justice Jaiteh pointed out that Bojang’s defence was supported by an alibi placing him in Brufut at the time of the incident. The judge found the alibi to be consistent and supported by witness testimony, which the DPP failed to challenge or examine.
Physical evidence introduced by the State, including a pair of shoes allegedly linked to the attacker, did not support the prosecution’s case. The shoes did not fit the accused and instead corresponded to his brother’s size, which Justice Jaiteh said did not implicate Ousainou but instead exonerated him.
The court also observed that during Ousainou’s testimony, he stated that witnesses who were reportedly present at the scene told police they did not recognise him when he was later brought to the station for identification, which the DPP failed to challenge.
Justice Jaiteh described the investigation as inadequate, stating that it was not conducted in a thorough or balanced manner.
He noted that the failure to properly investigate key aspects of the case weakened the prosecution’s position.
Based on these findings, the court ruled that the prosecution failed to establish the guilt of the accused and did not meet the legal standard required for a conviction; he therefore acquitted and discharged Bojang.
His sister, Amie Bojang, who had been charged as an accessory after the fact, was also acquitted. The court held that such a charge cannot stand where the principal accused has been cleared.
Following the judgment, the Director of Public Prosecutions applied to appeal the decision. Defence counsel requested bail pending the appeal, which the court granted. Justice Jaiteh ordered bail in the sum of D50,000 for each accused, with one Gambian surety, and for a period of 30 days.
Source: The Point
