Gambiaj.com – (BANJUL, The Gambia) – The High Court of The Gambia has acquitted Lamin Sanyang and Borry Ceesay of all charges following a protracted trial that began in early 2020. The case was presided over by Justice Ebrima Jaiteh and involved allegations of conspiracy, rioting, demolition of property, and grievous bodily harm.
The two men were among fifteen individuals initially charged over a violent incident that occurred on December 16, 2019, in Busumbala village.
The case began at the Brikama Magistrates’ Court before being transferred to the High Court, where a Bill of Indictment was filed on February 14, 2020, listing 23 witnesses.
However, during more than four years of proceedings, the prosecution called only one witness—Assistant Commissioner of Police Musa Keita—whose testimony failed to connect the accused to any of the alleged crimes.
The prosecution also repeatedly amended the charges and later withdrew the case against the other accused persons.
Justice Jaiteh noted that the prosecution had been unable to contact the complainant and demonstrated a persistent lack of diligence in pursuing the case.
“The repeated inability to procure witnesses, coupled with the pattern of adjournments, constitutes an inordinate and unjustifiable delay in violation of the accused persons’ constitutional right to be tried within a reasonable time,” he said, citing Section 24(3) of the 1997 Constitution.
The court further observed that the testimony of the lone witness was “vague, general, and uncorroborated” and did not establish any of the essential elements of the offenses charged. The prosecution failed to call the principal complainant or any of the remaining 22 witnesses.
“In a democratic country governed by the rule of law, the State bears the solemn responsibility not merely to prosecute, but to prosecute diligently and fairly,” Justice Jaiteh stressed. “The prolonged delay, coupled with the absence of credible evidence, amounts to a flagrant violation of the accused persons’ right to a fair hearing within a reasonable time.”
After reviewing the evidence and applicable law, the court found that the prosecution had failed to establish a prima facie case against the accused. Consequently, Lamin Sanyang and Borry Ceesay were acquitted of all charges, and the bench warrant previously issued against Ceesay was vacated.
The State retains the right to appeal the ruling.
