Gambiaj.com – (Banjul, the Gambia)- High Court Judge Ebrima Jaiteh on Tuesday struck out a document sought to be tendered by state prosecutors in the ongoing trial of former soldier Abdoulie Sanyang, ruling that the material was neither properly disclosed to the defense nor presented through its lawful author.
The document, dated September 19, 2025, was prepared by radio news presenter, Peter Pocha Gomez and introduced through Prosecution Witness 1, Mbye Conteh, who served on the investigative panel. However, Justice Jaiteh held that the witness could not lawfully tender the document as he was not its maker.
“The prosecution did not lay any legal foundation under the Evidence Act to justify its admission through another witness,” the judge ruled, emphasizing that the law requires documents to be introduced through their authors unless exceptions are clearly established.
He further observed that the prosecution’s failure to disclose the document before trial violated the accused’s constitutional right to a fair hearing under Section 24(3)(b) of the 1997 Constitution.
“Fair disclosure is a critical element of a fair trial, and the failure to furnish the defense with the document beforehand is fatal to its admissibility,” Justice Jaiteh stated.
The court therefore upheld the defense objection, returning the document to the prosecution to follow due process before any future attempt at tendering.
Sanyang’s lawyer, Counsel Lawyer L.J. Darboe, had objected to the admissibility of the evidence, arguing that the defense was ambushed by an undisclosed document authored by a person other than the witness in question. The Director of Public Prosecution’s office, represented by Counsel L.S. Jobarteh, conceded that the document had not been disclosed prior to the hearing.
Judge Directs Minister of Interior and IGP on Prison Delays
In a separate order issued the same day, Justice Jaiteh expressed concern over the recurrent failure of prison authorities to produce remand prisoners in court on time, citing serious logistical and operational challenges within the Gambia Prisons Service.
The judge noted that the shortage of male escort officers had resulted in delays and adjournments, undermining the efficiency of judicial proceedings and the constitutional guarantee of a fair trial within a reasonable time.
He therefore directed the Minister of Interior and the Inspector General of Police to take immediate and coordinated measures to ensure the timely production of detainees before the courts.
Among the directives, the Ministry of Interior was ordered to conduct an urgent assessment of prison staffing, consider temporary redeployments from other security units, and strengthen transport and scheduling mechanisms for prisoner conveyance. The Inspector General of Police was also instructed to provide necessary support to the Prisons Service.
“Timely access to justice is a constitutional right and an administrative obligation binding on all state institutions,” the judge stressed, warning that non-compliance could amount to a violation of detainees’ fundamental rights.
Background
Former Gambia Armed Forces soldier Abdoulie Sanyang was arrested at Banjul International Airport on August 17, 2025, following controversial remarks he made on West Coast Radio’s Coffee Time Show.
He faces four charges, arson, seditious intention, incitement to violence, and offences relating to judicial proceedings, under the Criminal Offences Act 2025. The charges relate to alleged statements linking the government to the murders of Ousainou and Amie Bojang, and accusations of election rigging in 2021.
The court has adjourned Sanyang’s bail application to Thursday, October 9, 2025, for hearing.
