Justice Ebrima Jaiteh of the Banjul Excessive Court has instructed a overview of prosecutorial practices to stop similar screw ups in future cases and to ensure that cases are handled efficiently and with due diligence.
Lately, Justice Jaiteh acquitted and discharged Henry Gomez, who turned into going via seven counts of prison offenses due to the prosecution’s failure to repeat witnesses.
Gomez turned into charged on October 12 2023 with conspiracy to commit a criminal, theft, assault, and threatening violence, opposite to varied sections of the Criminal Code. He turned into arraigned on March 12, 2024, where he pleaded now not responsible to all prices. The prosecution started its case on March 26, 2024, by calling its first look, Police Officer Lamin Manneh.
On the different hand, the case quickly faced prolonged delays as the prosecution struggled to genuine the attendance of additional witnesses. Over the direction of a year, a couple of adjournments had been granted, with the prosecution citing difficulties in contacting witnesses whose mobile telephone numbers had been allegedly no longer in carrier. The court docket, nonetheless, found this excuse insufficient, noting that no official correspondence with regulation enforcement had been offered to look at makes an try to stumble on the witnesses.
The defence strongly objected to the prosecution’s repeated adjournment requests, arguing that the prolonged lengthen violated Gomez’s constitutional supreme to a snappy trial, as enshrined in Part 24 of the 1997 Constitution of The Gambia. The court docket agreed, emphasising that judicial discretion in granting adjournments wants to be exercised judiciously and wonderful under compelling conditions.
While turning in the ruling, the presiding resolve, Justice Ebrima Jaiteh, renowned that the prosecution had mountainous time to repeat its case but failed to attain so. The suitable proof submitted, he said, turned into the accused’s cautionary statement (Point out P1), which turned into deemed insufficient to place a prima facie case towards him. In consequence, the prosecution’s case turned into closed.
“The prosecution’s repeated failures to produce witnesses, coupled with their lack of verifiable evidence, demonstrate a lack of due diligence and a disregard for the accused’s fundamental right to a speedy trial,” the resolve remarked.
With no huge proof towards the accused, the court docket ruled in favour of the defence and acquitted Gomez of all prices. He turned into discharged abruptly.
