After prosecutors closed their case, defence counsel, Lamin J. Darboe, filed no-case submission, urging the court to acquit and discharge the alleged PIU shooter and his sister.
He stated that the case against the first accused was “entirely fabricated” and was “definitively established” by the testimony of the recalled witness in PW2.
In response to the no-case submission by the defence team, the DPP, A.M. Yusuf, urged the court to dismiss the first accused’s submission and order Ousainou and Amie Bojang to enter their defence.
After hearing both submissions, the court ruled that a prima facie case had been made against the accused persons. The arguments regarding the no-case submission were found to lack merit, and the court dismissed it, calling on the accused persons to open their defence.
The presiding judge further ruled that Counsel L.J. Darboe raised issues in his brief that were “premature at this stage of the proceedings,” as the test to be applied is not “beyond reasonable doubt” but whether there are grounds for the court to proceed with the trial.
He stated that issues such as the ballistic report, video recordings, and similar evidence would be considered at the end of the trial, where the “beyond reasonable doubt” test would apply.
“At this juncture, the test that is applied is whether there is a prima facie case made out,” Justice E. Jaiteh noted.
The presiding judge said the prosecution had tendered into evidence the autopsy reports of the unlawful deaths of two persons and the extrajudicial statements of confession by the first accused, admitting to committing those crimes. He added that witnesses testified before the court that the first accused confessed to the unlawful killings alleged by the prosecution.
“I am not at this stage required to look into the credibility of the witnesses’ testimonies or to consider what weight should be attached to such evidence,” Justice Jaiteh stated.
He said the evidence adduced by the prosecution was such that it required some explanation from the first accused, Ousainou Bojang.
He added that the second accused was also required to provide an explanation as to why she was helping and escorting the first accused to travel to the Senegal border through Dassilame into the Casamance Region of Senegal.
The case was adjourned until November 4, 2024.
