Gambiaj.com – (BANJUL, The Gambia) – The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, has directed Mile 2 Central Prisons authorities to transfer Abdoulie Sanyang—who is facing charges of arson and willful damage to property—to the Edward Francis Small Teaching Hospital (EFSTH) for a comprehensive medical examination to be conducted by a government-employed doctor.
The ruling, delivered on 13 October 2025, followed an ex parte motion filed by defense counsel J. Jeng, supported by an affidavit sworn by Ebrima Charty. The application sought a court order compelling prison authorities to ensure that the accused undergoes a formal medical examination at EFSTH.
Counsel Jeng argued that the medical report previously attached to Sanyang’s bail application was not issued by a doctor employed at a government hospital.
Justice Jaiteh agreed, stressing that under the Criminal Offenses Act, 2025, medical reports used to support bail applications in serious or capital cases must be prepared by government doctors.
“It is pertinent to observe that under the new Criminal Offences Act, 2025, there is a statutory obligation imposed on a medical doctor in the employment of a government hospital to issue a medical report in respect of an accused person charged with a capital or serious offense who seeks to rely on medical grounds in support of a bail application,” Justice Jaiteh stated.
Since arson carries a potential life sentence, the judge ruled that only an official medical report could validly support Sanyang’s bail request.
He found the defense application “meritorious” and issued two directives that the Director General of Mile 2 Central Prisons ensure the accused is taken to EFSTH for a comprehensive examination and that the Chief Medical Director of EFSTH guarantee the examination is conducted by a qualified government doctor, with the resulting medical report sealed and submitted to the court at the next adjourned sitting on 20 October 2025 at 1:00 p.m.
During Tuesday’s hearing (14 October 2025), the defense team—led by Counsel J. Darboe, alongside J. Jeng and F. Bondi—appeared before Justice Jaiteh. State Counsel L. Jobarteh represented the prosecution.
Justice Jaiteh informed both sides that the order had already been issued and must be carried out. However, State Counsel Jobarteh argued that the defense should have independently arranged the medical examination instead of relying on the court.
The judge disagreed, citing the mandatory legal requirement. “The new Criminal Code makes it mandatory for a government medical doctor to conduct the examination, and the result must be submitted to the court, as the order is made by the court,” he said.
He further emphasized that the process was designed to ensure transparency and integrity. “Such a procedure will ensure transparency, as the result will be sealed. This is a government report coming to the court, and there will be no tampering,” Justice Jaiteh added.
The case is adjourned to 20 October 2025 for the submission of the medical report from the Chief Medical Director of EFSTH.
