By: Nicholas Bass
The Banjul High Court presided by Justice Ebrima Jaiteh Monday acquitted and discharged Lamin Sanyang and Borry Ceesay, alleged rioters of Busumbala Village following more than four years of trial.
Delivering his verdict, Justice Jaiteh said that the state prosecution had woefully failed to prove its case beyond a reasonable doubt.
“The evidence adduced is manifestly insufficient to support a conviction or sustain any of the charges,” he ruled.
Therefore, Justice Jaiteh ordered for Lamin Sanyang and Borry Ceesay to be acquitted and discharged on all counts.
It would be recalled that the amended bill of indictment showed that Sanyang and Ceesay on or about 12 December 2019 at Busumbala Village were accused of conspiracy to commit a felony, riot, demolishing of buildings, assault causing grievous bodily harm to Yaya Jagana and Nuha Jagana.
According to Justice Jaiteh the matter on 16th December 2019 was first taken to Brikama Magistrates’ Court.
Subsequently, it was transferred to Brikama High Court on 14 February 2020 wherein the state prosecution amended the bill of indictment and listed twenty-three witnesses.
However, the matter was then adjourned to 19 February 2020 but no progress was made. Justice Jaiteh in his ruling stated that from that point onwards, there was persistent lack of diligence on the part of the prosecution in ensuring the expeditious conduct of the trial.
“The state Law Office repeatedly withdrew charges against several accused persons and successively amended the bill of indictment. In the end, the case was withdrawn against all other accused persons except the two who now stand trial before this Court,” Justice Jaiteh remarked.
The trial judge disclosed that despite having listed twenty-three witnesses, the prosecution was “only able to call one witness, Mr. Musa Keita, an assistant Immigration Commissioner of Police who commenced his testimony on 31 October 2023 and concluded on 11 December 2023.
Jaiteh emphasized that the state prosecution has failed to produce any of the remaining witnesses, including the principal complaints, Yaya Jagana and Nuha Jagana.
The judge said that due to the inability for the prosecution to procure witnesses, coupled with the pattern of adjournments, the court refused the application of the prosecution and closed its case.
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By: Nicholas Bass The Banjul High Court presided by Justice Ebrima Jaiteh Monday acquitted and discharged Lamin Sanyang and Borry…
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