By Mama A. Touray
The State Prosecution in the alleged Sukuta/Jabang incident is yet to file a bill of indictment for a proper trial to commence in the case involving Ousainou Bojang and his sister, Amie Bojang.
Director of Public Prosecution at the Ministry of Justice, AM Yusuf when the case was called told the court that there is no formal bill of indictment before the court, adding that the State received the investigation report from the police a day ago.
DPP Yusuf further stated that a formal bill of indictment will be filed before the court on the 19th of this month for proper proceedings to commence.
Counsel LK Mboge, in his submission, expressed his concern about the delay of the prosecution, adding that the delay is a violation of the fundamental rights of his clients.
Mboge argued that since the alleged incident took place on 12th September 2023, DPP Yusuf should be able to file the bill of the indictment as he claimed that “all the evidence is in the file of the state”.
Meanwhile, the director of Public Prosecution stated that Counsel Mboge has no right to question what the State was doing since the alleged incident took place.
Justice Jaiteh told the counsels that he now wants Monday to Tuesday exclusively for criminal matters and Wednesday and Thursday for civil cases, adding that in that case witnesses can come in two, or three and give their evidence and be cross-examined.
Justice Jaiteh continued that this time around he wants to do a continuous trial so that the accused will know their faith, stating that they can take 24th October and subsequently take multiple days to deal with this case expeditiously.
Justice Jaiteh further told the counsels that if they are committed there will be no delay.
“If the court made this case a priority, I will follow suit,” Mboge told the court.
Justice Ebrima Jaiteh in his ruling asked the parties to allow him to make a ruling on the state prosecutor’s application for time to file the bill of indictment.
“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 a bill of indictment before the 19th of October. The respective counsels did not object to the application sought but rather asked that the State be committed to the filing of the bill of indictment on or before the 19th of October 2023” he said.
He continued “Under the circumstances, the adjournment sought is hereby granted the state directed to file the bill of indictment on or before the 20th of October 2023 and the registrar is to ensure the information is served on the defense counsel.”
The matter was however adjourned to the 24th of October 2023 at noon for plea taking.