By: Nicholas Bass
Honourable Justice Ebrima Jaiteh of Banjul High Court has issued an order to the Government Spokesperson, Deputy Inspector General of Police [IGP] and the National Security Adviser to appear in court and testify in the ongoing paramilitary shooting case.
Appearing before Hon. Justice Ebrima Jaiteh on Tuesday, counsel Lamin J. Darboe, representing Ousainou Bojang, accused of killing two police officers and injuring the third, sought from the court to have the Government Spokesperson, Ebrima G. Sankareh, Deputy IGP, Momodou Sowe and the National Security Adviser, Abubbakarr Suleiman Jeng to appear in court and testify to the defence of his client.
Defence counsel, Darboe vehemently argued that the government spokesperson, Sankeh, Deputy IGP, Sowe and the National Security Adviser, Jeng ought to appear in court, stating that the trio government officers initially made statements regarding the alleged police shooting sometime in 2023.
Ousainou’s counsel maintained that the trio officers should be subpoenaed by the court to repeat their initial statements, adding that it is important for the trio officers to testify in a more controlled environment in a judiciary procedure.
However, the Director of Public Prosecution, A.M Yusuf, in his objection to the application sought by defence counsel Darboe, stated that at the time of receipt of the case file Ousainou, had not found the statements made by the trio government officers.
A.M Yusuf adduced that Ousainou’s charge came after the conclusion of a Joint Investigation Panel, which according to him necessitated the office of the IGP to press a charge against the accused, Ousainou.
The lead state prosecutor claimed that defence counsel Darboe was not specific in his application, adding that the trio officers were not part of the Joint Investigation panel that investigated the alleged police shooting that occurred on 12 September 2023.
He pleaded with the court to dismiss the application to counsel Darboe.
Defence counsel Adama Sillah appearing for the second accused person Amie Bojang. noted that the court has the jurisdiction to subpoena any sound mental minded adult to appear before her [court] to testify. DPP Yusuf intercepted counsel Sillah and asked the court to order him to sit down.
Justice Jaiteh overruled DPP Yusuf’s objection and ordered counsel Sillah to proceed in his application. Counsel Sillah deduced that the defence’s application was backed by law which according to him the current Chief Justice, Hassan B. Jallow in his book of the Law of Evidence affirmed the same. ‘’This court has the jurisdiction to arrive at a just conclusion of this matter ‘’, defence lawyer Sillah said.
In his ruling Honourable Jaiteh said that in the paramount interest of justice and the accused’s constitutional right to a fair hearing, granted the application to summon the following public officers to appear and testify on all matters within their ‘’knowledge’’ pertaining to the alleged police officers’ shooting. as witnesses: Mr. Ebrima G. Sankareh, Government Spokesperson, Deputy Inspector General of Police, Mr. Momodou Sowe and Mr. Abubbakarr Suleiman Jeng, National Security Adviser.
