By Mariama Marong
Former Gambia Armed Forces soldier Abdoulie Sanyang on Tuesday, 7th October, pleaded not guilty to two criminal charges of arson and judicial interference before Justice Ebrima Jaiteh of the High Court in Banjul.
The State is represented by Counsel Saikou L. Jobarteh, Counsel S. Jawara, and Counsel M. Sarr, while the accused is represented by Senior Counsel Lamin J. Darboe.
Following the plea, the prosecution opened its case and called its first witness, Police Officer Mbye Conteh of the Special Investigation Unit (SIU), as Prosecution Witness 1 (PW1).
Testifying under examination by State Counsel Jobarteh, Officer Conteh said he recognized the accused in connection with a panel of investigation established over statements Sanyang made during an interview on West Coast Radio. He said the accused was questioned about his utterances during the radio interview and his alleged involvement in the burning of the APRC bureau.
When asked how the radio interview came about, PW1 told the court that the accused himself requested to be interviewed and insisted on speaking to Gambians about certain issues.
According to the witness, Peter Gomez, the host of the program, later told investigators that he was surprised and uncomfortable with the statements made by Sanyang during the interview, and that he tried to redirect him, but the accused insisted on making his remarks.
Conteh testified that investigators obtained a written statement from Peter Gomez as well as video footage of the interview. The prosecution sought to tender Gomez’s written statement in evidence, but Defence Counsel Darboe objected, arguing that the document was not disclosed to the defence and that its authenticity could not be confirmed without Gomez’s direct testimony.
Senior Counsel Darboe further submitted that it would be proper for Peter Gomez to appear in court and testify in person.
In response, State Counsel Jobarteh said the objection was baseless, noting that the statement bore Peter Gomez’s signature and was relevant to the case.
In his ruling, Justice Jaiteh held that while the prosecution applied to tender a document purportedly authored by Peter Gomez, it was not proper for the document to be submitted through another witness. He emphasized that fair disclosure of evidence and witnesses to the defence is a fundamental requirement of a fair trial.
“The prosecution should go and put their house in order,” Justice Jaiteh ruled, rejecting the prosecution’s application to tender the document.
The case was adjourned to multiple dates for continuation of PW1’s testimony: 20th October at 1 p.m., 28th October at 11 a.m., 4th November at 12 noon, 5th November at 12 noon, 10th November at 12 noon, and 11th November at 12 noon.
