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Published On: Tue, Nov 7th, 2023

Ousainou’s Alleged Murder Trial: PW2 Says he Thought Gun-shot was Negligent Discharge

Bakary R. Jarju (PW2) during the Cross- examination in the case of State Vs Ousainou and Amie Bojang
when asked by Counsel Darboe about his reaction during the struggle after the shooting, he said that at
that moment, he didn’t understand what was happening and believed it was a negligent discharge.


Counsel Darboe then put forward to PW2 that during the scramble, he (PW2) was just watching, and he
(PW2) replied that military training advises against rushing when you hear gunshots.


Counsel referred PW2 to his previous statement, where he mentioned that he thought the first gunshot
was a negligent discharge, Counsel further asked if PW2 also believed that the second shot was also a
negligent discharge, but PW2 responded affirmatively.PW2 also confirmed that the shooter fired the
third shot at the female officer after shooting the two male officers.


Counsel Darboe questioned PW2 about the shooter’s actions before leaving the scene where PW2
stated that the shooter released a shot at the roundabout. When asked how he (PW2) knew it was the
shooter who fired the shots, he explained that he was observing the shooter’s movements.


Counsel Darboe then asked PW2 to demonstrate the sound of a pistol, but he declined, stating that he
couldn’t demonstrate it with his mouth.

Counsel Darboe further inquired if PW2 knew how many types
of pistols exist in the world, to which PW2 replied that he didn’t know. Counsel Darboe then suggested
the possibility of mistaking another sound for a pistol, but PW2 asserted that he could distinguish the
sound of a pistol.


Counsel Darboe requested a demonstration of the sound of an AK47, but PW2 refused, stating that even
the sound “pam-pam” could be mistaken for an AK47. Counsel Darboe proceeded to ask about whom
the shooter was targeting when PW2 was chasing the alleged shooter, but PW2 replied that he didn’t
know, as he was focused on the shooter.

Counsel Darboe asked about the location of Omar S. Jallow during that time, and PW2 responded that he couldn’t tell, as he was concentrating on the shooter.
Counsel Darboe then asked PW2 if he made a statement to the police, and he confirmed that he did.
When asked about the date of the statement, PW2 responded that it was on the 14th of September.


Counsel Darboe further questioned whether PW2 would recognize the statement if shown to him, to
which PW2 replied affirmatively on how he would recognise it because it has his signature.


Counsel Draboe then passed the statement to PW2 which he confirmed, Counsel Darboe then asked
about the original copy of the statement, and PW2 stated that he didn’t know where it was.

Counsel Darboe requested the production of the original copy of the statement, and the state counsel,
A.M. Yusuf produced the original. Counsel Darboe then applied to tender the statement, and there was
no objection from the state and it was marked and admitted.


The case has been adjourned by Justice Jaiteh to 13 th November at 10:30 for continuation of cross
examination of PW2.

The alleged shooter Ousainou Bojang along with his Sister are facing 6 counts:

Count One: Murder (in violation of Criminal Code section 187):
The State alleged that on September 12, 2023 in Sukuta, West Coast Region of the Republic of The Gambia, Ousainou Bojang fired and killed Police Constable Sang J. Gomez with premeditation, thereby perpetrating murder.

Count to two: (In violation of Section 187 of the Criminal Code) homicide:
The State asserts that on September 12, 2023, at Sukuta in The Gambia’s West Coast Region, Ousainou Bojang shot Police Constable Pateh Jallow with premeditation, thereby committing murder.

Count three:Prohibition of Terrorist Acts: (in violation of Section 3(1)(a) of the Anti-Terrorism Act):
Ousainou Bojang is accused of assaulting Police Constables Pateh Jallow and Sang J. Gomez in Sukuta on September 12, 2023. This assault, which resulted in their fatalities and involved the use of a firearm, is regarded an act of terrorism.

Count Four: Attempted Murder (in violation of Criminal Code section 200):
Ousainou Bojang allegedly attempted to unlawfully cause the death of Police Constable Ansey Jawo on September 12, 2023 in Sukuta, West Coast Region, The Gambia, in violation of Section 200 of the Criminal Code.

Count Five: Causing Grievous Bodily Harm (in contravention of Section 214 of the Criminal Code):
Further, Ousainou Bojang is accused of unlawfully shooting Police Constable Ansey Jawo in Sukuta Kombo North on September 12, 2023, causing her grievous bodily injury in violation of Section 214 of the Criminal Code.

Count six : Participant After the Fact in a Murder: (in violation of Criminal Code section 202):
The State alleges that on September 13, 2023, at Brufut Kombo South and other locations in The Gambia, Amie Bojang assisted Ousainou Bojang, who was known to have committed homicide, in evading punishment by fleeing the country. This is in violation of Section 202 of the Criminal Code.

Which they all pleaded not guilty.

It can be recalled that, on 12th September 2023, 3 PIU officers were shot around the Sukuta/Jabang Highway by an unknown shooter leaving Police Constable Pateh Jallow and Sang .J. Gomez dead while Ancy Jawo was left in a critical condition at the hospital receiving treatment.

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