By Kemeseng Sanneh (Kexx)
A Gambian High Court judge has acquitted and discharged Henry Gomez, who faced seven criminal charges, after prosecutors repeatedly failed to present witnesses, leading to prolonged delays in the trial.
Justice Ebrima Jaiteh, presiding over the case in Banjul, ruled that the prosecution had failed to establish a prima facie case, noting that the extended adjournments had violated Mr. Gomez’s constitutional right to a speedy trial.
Mr. Gomez was charged with conspiracy to commit a felony, robbery, assault, and threatening violence, among other offences under the Criminal Code. The alleged crimes occurred on October 12, 2023. When arraigned on March 12, 2024, he pleaded not guilty.
The prosecution opened its case on March 26, calling Police Officer Lamin Manneh as its first witness. After his testimony, the case stalled as the prosecution struggled to secure additional witnesses, claiming their phone numbers were no longer operational. Despite repeated adjournments, no further witnesses were produced.
The defence objected to further delays, arguing that the prosecution’s failure to proceed had resulted in unjustified and extended detention. Justice Jaiteh agreed, ruling that the prosecution had not demonstrated due diligence in advancing the case.
“The prosecution’s repeated failures to produce witnesses, combined with their lack of verifiable evidence, indicate a disregard for the accused’s fundamental right to a speedy trial,” the judge stated.
With no substantial evidence presented beyond a cautionary statement in which Mr. Gomez denied the allegations, the court ruled that the prosecution had failed to establish a case. Justice Jaiteh dismissed all charges and ordered Mr. Gomez’s immediate release.
The judge further called for a review of prosecutorial procedures to ensure greater efficiency in handling criminal cases and to safeguard defendants’ rights.
