Gambian Court Acquits Alasan Tamba in Contested Robbery Case

high-court Gambia

Gambiaj.com – (Banjul, The Gambia) – The High Court of The Gambia has acquitted Alasan Tamba of robbery charges after a high-profile trial raised concerns over the reliability of eyewitness testimony and the sufficiency of evidence.

Presiding over the case, Hon. Justice Ebrima Jaiteh ruled in favor of the defense, emphasizing that the prosecution had failed to prove its case beyond a reasonable doubt. The case centered on an incident from August 27, 2023, when Modou Lamin Mansally, a businessman, was allegedly attacked and robbed by five individuals near Bakau Garage in Serrekunda. The stolen items reportedly included an iPhone XR, D4,800 in cash, and a Gambian passport.

Doubtful Identification and Lack of Evidence

Tamba was charged under Section 272 of The Gambia’s Criminal Code, but the prosecution struggled to link him conclusively to the crime. While the victim, Mansally, was unable to identify his attackers at the time of the robbery, he later pointed to Tamba after the accused returned to the scene to retrieve his shoe. This raised doubts about the reliability of the identification, which the defense strongly contested.

Police Officer Kebba Lang Darboe, a key prosecution witness, admitted that none of the stolen items were found on Tamba at the time of his arrest. Meanwhile, Tamba maintained his innocence, stating that he had merely gone to the scene to help an elderly man recover a lost shoe.

Acquittal After Defense Counters with Alibi

Defense counsel C.U. Uduma argued that Tamba was at Bakau Garage waiting for a driver, Kabir Wange, when the robbery occurred. Wange, testifying in court, supported this claim, though his statement lacked documentary corroboration.

The defense stressed that the case rested on a single, belated eyewitness identification and lacked direct evidence. Given these gaps, they urged the court to rule in favor of the accused.

Delivering his judgment, Justice Jaiteh reaffirmed that the burden of proof lies entirely with the prosecution, which must establish guilt beyond a reasonable doubt. Given the lack of compelling evidence, unreliable identification, and the introduction of an alibi, the court determined that the prosecution had failed to meet this threshold.

As a result, Alasan Tamba was acquitted of all charges and walked free.

The case has sparked legal discussions about eyewitness reliability and evidentiary standards in The Gambia’s judicial system, particularly in cases where multiple attackers are involved and identification is delayed.

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