30 November 2012

Gambia: State Appeals Against Acquittal of Former Police Officer

Credible information gathered by Foroyaa from the Attorney General's Chambers has it that the State prosecutors are very unhappy and dissatisfied with the acquittal and discharge of former Sub-Inspector Ebrima Sanneh, who was tried on the charge of giving false information to a public officer, but was acquitted and discharged by the Court. This reporter is reliably informed that the State prosecutors have already filed an appeal against his acquittal at the Banjul High Court before Justice A. Mikailu and the case is set for mention on Monday 3 December 2012, before Justice A. Mikailu of the Banjul High Court.

According to information, the State Prosecutors have filed an appeal against the ruling of Banjul Magistrates' Court delivered by Magistrate Taiwo Ade Alagbe stating that the State is dissatisfied with the ruling of the lower Court in criminal case against Ebrima Sanneh delivered on 3 August 2012, in which Ebrima Sanneh was acquitted and discharged on a no case to answer submission. The State is crying foul against the entire decision of the Lower Court for discharge and acquittal of Ebrima Sanneh, that the Magistrate Alagbe erred in law when he held that the evidence led by the State has not established the Prima Facie case against Sanneh. The State is also arguing that Magistrate Alagbe wrongly failed to evaluate the totality of evidence before him and has misdirected himself on what constitutes a Prima Facie case. The State is also complaining that they have established the essential elements of the offence against Sanneh. They State further argued that Magistrate Alagbe inadvertently and wrongly ignored exhibits A and B, which was tendered by the State while analyzing the evidence before him. The State indicated that the ruling of Magistrate Alagbe by acquitting and discharging Ebrima Sanneh of the charge is unwarranted, unreasonable and against the weight of evidence.

The information further added that the State is seeking from the High Court to set the ruling of the Lower Court in its entirety and to order the trial Court to call upon Ebrima Sanneh to enter his defence. The information added that the appeal was signed by Senior State Counsel A.M. Yusuf on 3 September 2012.

It could be recalled that former Sub-Inspector Ebrima Sanneh, 41, a native of Niani Salikenni, joined The Gambia Police Force in 1993 up to October 2011, when he was sacked from the Force for "likely to become an inefficient police officer". He was later arrested and detained for 15 days in Police custody and spent 2 nights at Mile II Prison before being charged with offence of giving false information to a public officer.

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