The DPP, AM Yusuf, said there was no formal indictment in respect of the accused persons as what was before the court was the charge sheet filed at the magistrate court presided by the then principal Magistrate, Omar Jabang.
He said they received the case file from the police “just a day ago” and they would be grateful to the court to allow them to study the case file and would file a formal information to produce in the court.
Senior Counsel L.K. Mboge for the second accused said: “I expressed my concerns on the delay in the filing of the information before this honorable court. It is not only a violation but a gross violation of the fundamental rights of the accused before this court.”
In response, Justice Jaiteh asked the parties to allow him to make a ruling on the state prosecutor’s application for the time to file the bill of indictment.
In his ruling, Justice Jaiteh posed: “Having heard the DPP sought for an adjournment on the ground that the state law office received the file a day ago and as such they sought for an adjournment in order to file the bill of indictment before the 19th of October 2023, the respective defence counsel did not object to the application sought, rather asked that the state be committed to the filing of the bill of indictment on or before the 19th of October 2023.”
Under the circumstances, Justice Jaiteh granted the adjournment sought and directed the state to file the bill of indictment on or before 20 October 2023 adding that the registrar ensures the information is served on the defence counsel.
The case was adjourned until 24 October 2023 for plea taking.
Meanwhile, L.K. Mboge, Defence Counsel for the second accused, filed an originating summon with an order granting leave to the applicant (Amie Bojang) to hear this application during the vacation.
The summon stated: “An Order granting bail to the Applicant upon such terms and conditions as this Honorable Court deems fit in the circumstances pending the hearing and determination of any charges that may be filed against her.”
The summon was supported by fifteen paragraphs of affidavit and an additional supporting paragraph of nine.
State Counsel DPP AM Yusuf applied for the court to give them time to go through the document so they could prepare and enter an appearance accordingly. He added that they were served with the summon on Monday 9 October 2023.
In response, Counsel Mboge said: “I’m vehemently opposing the argument of the counsel the reasons are because of the poor health condition of the applicant and the fact that she is a mother of seven children, and they are going to school and with all the lawyers under the office of the DPP no one has the time to go through the document.”
Justice Jaiteh further ruled that the hearing of the originating summon of the second accused be adjourned until 16 October 2023.
Also, Lamin J. Darbo, defence counsel for the first accused, filed an originating summon on an order for the unconditional release of the applicant (Ousainou Bojang) or “in the alternative on such terms and conditions as this Honourable Court may deem fit” to ensure the applicant to continue to appear in any court of competent jurisdiction to answer to the charges that might be filed against him.
The summon for the unconditional release of the applicant was supported by thirteen paragraphs of affidavits.