By Mama A. Touray
Justice Ebrima Jaiteh of Banjul High Court on Monday 20th November denied the second accused, Amie Bojang bail pending the main trial.
Amie and Ousainou Bojang are still appearing before the Banjul High Court over the alleged shooting to death of two paramilitary officers and the grievous injury of the third one. The incident allegedly happened at the Sukuta/Jabang Traffic on 12thSeptember 2023. Amie has been charged with accessory to murder/for allegedly assisting Ousainou to escape punishment.
Justice Ebrima Jaiteh in his ruling yesterday said that he had carefully read the paragraphs of the affidavits in support of the application and the affidavit in opposition. Adding that he had the view that on a balance of probabilities, the applicant has not established special or exceptional circumstances before the court to be considered for bail.
“I have considered the fear raised by the applicant in their affidavit in support of the application. It should also be noted that the applicant is already arraigned before the court, and there is no pending investigation and trial is ongoing with reasonable time and if the respective counsels cooperate, this matter will be concluded sooner than later and the applicant would know her fate in this criminal trial,” he remarked.
The judge said therefore dropping the bail application would not be gross injustice.
Meanwhile, Amie Bojang’s Lawyer had argued that his client was entitled to bail, pending the hearing and determination of the main suit. The lawyer cited some constitutional provisions to back her claim as well as Amie’s family ties to the Gambia.
“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.’’
However, state counsel E R Duga urged the court to dismiss the bail application, arguing that Section 99 of the Criminal Code does not allow the accused to be granted bail. She further countered all the arguments made by Amie’s lawyer who was seeking bail.