Gambiaj.com – (BANJUL, The Gambia) – The High Court has ordered the police to produce CCTV footage linked to the ongoing rape trial of Ass Malick Njie, a former security guard at QCell, in a move the court says is necessary to ensure a fair determination of the case.
Presiding judge Justice Jaiteh issued the directive following an application by the defense, which argued that video evidence from the QCell headquarters could be crucial to the proceedings.
Njie, 56, is facing a rape charge under the Sexual Offences Act. Prosecutors allege that on or around February 5, 2022, near the QCell premises in the Kanifing Municipality, he had sexual intercourse with a 12-year-old boy under coercive circumstances. The accused has denied the charge.
The issue of the CCTV footage arose during the hearing of the defense case. Defense counsel Francis C. Anyanwu told the court that his team had written to QCell on February 12, 2026, requesting access to video recordings from the time of the alleged incident.
In response, QCell’s Human Resources and Legal Affairs Manager, Omar Cham, confirmed in a letter dated February 24 that the footage had been collected by the police during their initial investigation and that the company retained no copies.
Relying on that correspondence, the defense applied for a court order compelling the Inspector General of Police to direct officers at the Latrikunda German Police Post to produce the footage.
State prosecutor M. Sarr opposed the application, arguing that the prosecution’s case file contains no reference to any CCTV evidence and that the request would therefore be futile and a waste of the court’s time.
However, in his ruling, Justice Jaiteh sided with the defense, stating that the law empowers courts to compel the production of relevant material evidence, even from third parties such as the police.
He noted that QCell’s letter clearly indicates that the footage was handed over to investigators, making the police the most likely custodians if it still exists.
The absence of the material in the prosecution’s file, he added, does not necessarily mean it never existed or has been lost, as investigative and prosecutorial processes are often handled separately.
The judge emphasized that CCTV evidence could provide real-time, objective insight into the events in question and may support either the prosecution or the defense. As such, the court cannot disregard the possibility of its existence.
Justice Jaiteh ordered the Inspector General of Police to ensure that the investigating officers produce the footage at the next hearing. He further directed that if the material cannot be found or has been destroyed, the responsible officer must appear in court to give a sworn explanation on its whereabouts.
The court registrar has been instructed to immediately transmit the order to the Inspector General for prompt compliance.
The judge underscored the critical role of the police in the administration of justice, stressing the need for proper preservation and disclosure of evidence and close cooperation with the courts.
The case has been adjourned to May 5, 2026, at 10:00 a.m., when the defence is expected to continue its case and the police are to report on the status of the CCTV footage.
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