Counsel Darboe adopted the applications of Ousainou and Amie Bojang - the first and second accused, filed respectively on 6 September and 22 August 2024.
In his arguments, Counsel Darboe said the case against the first accused was “entirely fabricated”, a conclusion he said was “definitively established” by the testimony of the recalled witness in PW2.
He noted that while the witness appeared confident and flamboyant during his initial testimony, he was completely subdued when recalled.
Counsel Darboe added that the recalled testimony, along with phone records, conclusively established the witness’s deep involvement in the Sukuta-Jabang Traffic Lights incident.
“There is no doubt that the State’s case has entirely collapsed, and the court is urged to stop this case and acquit the first accused,” Darboe stated in his brief of argument.
It would be recalled that at the previous adjournment, the Director of Public Prosecution (DPP) informed the court of their intention to call another witness but subsequently closed their case. Therefore, the court ruled for a closure of the prosecution’s case.
In his submission, Counsel Darboe, who was holding brief for defence counsel L. Mboge, representing the second accused, said he relied on all the arguments made on behalf of the second accused, and urged the court to acquit and discharge her on the charge of being an accessory after the fact.
However, DPP A.M. Yusuf submitted that they had also filed their reply to the no-case submission regarding the first accused, Ousainou Bojang, and that they relied on all the arguments in their submission. The DPP urged the court to dismiss the first accused’s submission and order him to enter his defence.
Similarly, in response to the second accused’s submission, filed on 8 October 2024, the DPP stated that they relied on all their arguments, and urged the court to uphold their submissions and order the second accused to open her defence.
The case was adjourned until 15 October 2024 for a ruling.
