By: Mama A. Touray
Senior Counsel Lamin J. Darboe on Monday told the Banjul High Court that Ousainou Bojang was drugged at the Anti-Crime HQ in Banjulinding to give his statements.
Counsel Darboe made this statement after the Director of Public Prosecution (DPP) A. M Yusuf tendered into evidence the cautionary and voluntary statements of Ousainou Bojang.
“The statements were not voluntarily made by the accused person,” he added.
According to Darboe, the statements were given under duress as the accused was drugged and beaten by officers of the Anti-Crime Unit without any presence of an independent witness. He pointed out that the statements fell below the threshold of the Evidence Act because they were obtained under force.
Representing the second accused, Counsel L.K Mboge objected to the tendering into evidence of the cautionary and voluntary statements of his client, arguing that the first statement was not provided to the defense and that the prosecution has failed in furnishing the entire statement to the defense. Counsel Mbogeadded that the second statement did not meet the requirements of Section 31(2) of the Evidence Act, saying no independent witness was present when the statement was taken.
“What was provided was a mere thumbprint and no name was provided,” he told the court.
Following the objections of the defense lawyers, the court agreed to conduct a preliminary examination of the witnesses by a judge or counsel (voir dire).
Ousainou Bojang is undergoing trial for fatally shooting two male paramilitary officers and critically injuring another female officer at the Sukata/Jabang Traffic Lights sometime last year.
His sister is being tried alongside him on charges of accessory to murder for allegedly aiding him to escape the jurisdiction.