By Mama A. Touray
Justice Ebrima Jaiteh of the Banjul High Court is today expected to deliver his ruling over a bail application filed on behalf of Amie Bojang.
Amie and Ousainou Bojang are being tried by the Banjul High Court over the alleged shooting to death of two paramilitary officers and the grievous injury of another. The incident allegedly happened at the Sukuta/Jabang Traffic.
Amie has been charged with accessory after the fact to murder for allegedly assisting Ousainou to escape punishment.
Her counsel filed an originating sermon on 26 September 2023, for her to be granted bail, pending the determination of the main case.
According to her lawyer, Amie is entitled to bail, pending the hearing and determination of the main suit, adding that Section 19 of the 1997 Constitution of the Republic of The Gambia guarantees her the right to liberty like any other person in The Gambia.
Amie’s lawyer further argued that she has been confirmed to be an asthmatic patient and is suffering from hypertension, adding that the nature of Mile II has exposed her to a greater health risk and may compound her health condition.
Her counsel stated that the presumption of innocence lies in her favour, arguing that Section 24(3)(a) of the Constitution states that an accused charged with an offense should be presumed innocent until proven guilty.
“My Lord, the applicant is a mother of seven children and cannot in any way abscond and leave her children behind. She has strong family ties in the community and has no interest in absconding or leaving the jurisdiction before the trial is completed. The applicant will not interfere with any of the witnesses whilst on bail and will not be able to tamper with the investigation, which has since concluded,” he argued.
In response, State Counsel E.R Duga urged the court to dismiss the bail application, stating that Section 99 of the Criminal Code does not allow the accused to be granted bail. She further argued: “The applicant contended that Section 99 of the Criminal Code insinuates that bail is at the discretion of the court. However, this section is clear. The discretion of the court to grant the accused bail is not for persons charged with offenses that carry the punishment of life imprisonment or death. We, therefore, submit that the applicant is not entitled to bail due to the punishment attached to the alleged offense she is charged with”.
The case resumes today at 10 am for a ruling on Amie’s eligibility for bail.