By: Nicholas Bass & Cecilia E.L. Mendy
The Banjul High Court, presided over by Hon. Justice Ebrima Jaiteh Tuesday rejected the bail application made by former soldier Abdoulie Sanyang’s lawyer.
According to court records, Sanyang is facing two counts of arson and interference with judicial proceedings.
Court records also showed that the defense lawyer.
Lamin J. Darboe, representing the applicant, Sanyang, in his originating summons, sought from the court an order for unconditional release of the accused or an alternative option.
Darboe further asked the court for an extra order to ensure his client, Sanyang access to a specialized medical treatment in Switzerland.
Sanyang’s lawyer argued that since the arrest and remanding of his client at Mile Two, Sanyang’s health condition has worsened.
Delivering his ruling, Justice Jaiteh stated that the state prosecutor, Saikou Lamin Jobarteh, opposed the application sought by the defense.
The trial Judge stated that he referred the Court to Exhibit “AS3″, a medical report prepared by CSP Yusupha Jabang, Officer-in-Charge of the Medical Unit at Mile II Prisons.
He recalled that prosecutor Jobarteh challenged the admissibility and probative value of exhibit “AS3”, contending that CSP Yusupha Jabang was not a qualified medical practitioner employed in a government hospital as required by Section 125(2)(a) of the Criminal Procedure Act, 2025.
But after hearing arguments from both sides, the Court determined that CSP Yusupha Jabang was a prison officer attached to the Medical Unit at Mile Il Central Prisons and not a qualified medical practitioner employed in a government hospital within the meaning of the statute.
Consequently, the Court ordered the Chief Medical Director of the Edward Francis Small Teaching Hospital (EFSTH) to conduct a comprehensive medical examination of the accused, Sanyang.
The Court order was also on a search for a qualified medical petitioner to ascertain whether there are adequate medical facilities available to treat the accused person’s illness within Mile II Central Prisons.
Thereafter, Chief Medical Director of EFSTH, Dr Mustapha Bittaye, was served with the court order and subsequently appeared before the Court, presented the medical report, and clarified certain aspects of its contents in open court.
According to the neurosurgical report, the accused had undergone a posterior lumbar interbody fusion at the vertebrae with four pedicle screws inserted.
The judge recollected that Dr. Bittaye noted that the accused has a long history of rectal bleeding and constipation, but his condition does not require hospital admission.
The judge also recalled that defense lawyer Darboe, in his submission, said that the medical and psychiatric reports before the Court, particularly the one from Tanka Tanka Psychiatric Hospital, clearly recommended that the applicant, Sanyang, be granted bail to facilitate structured psychiatric and pain management follow-up.
Darboe argued that such a recommendation was not based on any question of insanity or incapacity to stand as the applicant had fully understood the charges therein.
In his conclusion, Justice Jaiteh said that the law demands medical certification, not subjective observation of deterioration or institutional inefficiency.
“The recommendation for bail by psychiatric staff, while well-intentioned, does not amount to a statutory certification of medical unavailability,” he said.
Justice Jaiteh stated that the evidence instead confirms the availability of requisite facilities and medication within the country.
“Accordingly, the Court concludes that the Applicant has not demonstrated ‘exceptional circumstances’ warranting the grant of bail under Section 125 of the Criminal Procedure Act, 2025,” he said.
Therefore, the trial judge stated that Sanyang’s bail application fails on its merits.
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By: Nicholas Bass & Cecilia E.L. Mendy The Banjul High Court, presided over by Hon. Justice Ebrima Jaiteh Tuesday rejected…
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