Gambiaj.com – (BANJUL, The Gambia) – Justice Ebrima Jaiteh has warned the state against further adjournments in the ongoing trial involving the former Lands Minister and six others, ordering prosecutors to proceed without fail on 23 June and declaring that the court will no longer tolerate delays in a case where a witness is already on the stand.
The High Court judge delivered the ruling after the state sought a fourth adjournment in proceedings that began on 20 April 2026. On that date, the first prosecution witness, Buba Sayang, Permanent Secretary at the Ministry of Fisheries, began giving evidence-in-chief but did not complete his testimony.
Since then, the matter has been repeatedly adjourned at the prosecution’s request.
On 27 April 2026, state counsel S.L. Jorbateh informed the court that the witness was present but requested more time to obtain instructions from his superiors. The defense did not object, and the court granted the adjournment.
When the case resumed on 12 May 2026, the Director of Public Prosecutions sought another postponement, citing the reassignment of the case file to a different counsel. The court observed that no reference was made to the consultation issues that had formed the basis of the earlier adjournment.
Appearing before the court again on 18 May, senior state counsel S. Kamara requested a further adjournment, arguing that she had not been properly instructed and had not yet received the case file.
Defense counsel K. Sanyang and L.J. Darboe strongly opposed the application and urged the court to discharge the accused if the state was unwilling or unable to proceed.
“If they are not willing to proceed, then the court has a responsibility to discharge the accused persons since they are not in detention. The accused persons cannot continue to come here and stand trial when the state is not willing to proceed with that trial,” counsel L.J. Darboe argued.
In his ruling, Justice Jaiteh said the court had weighed the prosecution’s request against the constitutional requirement for a fair and expeditious trial. While acknowledging that the state may require time to prepare its case, he stressed that “such latitude cannot be exercised endlessly in a manner that undermines the proper administration of justice.”
“The persistent changing of state counsel at will, coupled with repeated claims of lack of instructions or non-transfer of the case file, does not assist the expeditious disposal of this matter,” the judge said.
He added that the repeated delays were inconveniencing witnesses and defense counsel while leaving the accused persons, “who continue to stand trial before this court,” in a state of uncertainty.
Justice Jaiteh reminded the Office of the Director of Public Prosecutions that it bears sole responsibility for ensuring continuity and proper preparation before appearing in court. He further stressed that the accused persons remain presumed innocent and that the court has a duty to guard against unnecessary delays caused by prosecutorial inefficiency.
Despite expressing serious reservations about the conduct of the prosecution, the judge granted what he described as a final adjournment, noting that the witness remains available to continue his testimony.
“The prosecution is thereby put on firm notice that no further adjournment on similar grounds will be entertained by this court,” Justice Jaiteh warned.
He directed the state to ensure that assigned counsel is fully instructed and ready to proceed on 23 June 2026 at 10:00 a.m., cautioning that failure to make progress could compel the court to take measures necessary to safeguard both the integrity of the proceedings and the constitutional rights of the accused.
The matter was subsequently adjourned to 23 June 2026 for the continuation of the first prosecution witness’s evidence-in-chief.
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