22 May 2019

Gambia: Defence to File 'No Case to Answer' in NIA 9 Case

The defense lawyers in the criminal trial of 9 former chiefs of the National Intelligent Agency told the Court that they intend to make a 'no case submission'.

The defence made this pronouncement when the prosecution team closed their case yesterday after two years and calling 35 witnesses. The court has given the defence a week to file a no case to answer submission.

'No case submission' is the submission by the defense that the prosecution has no evidence, or lacks sufficient legal grounds, to make a case for the defendant (accused person) to rebut.

The accused persons are; Yankuba Badjie, an ex-director of the NIA, Sheikh Omar Jeng, an ex-director of operations at the NIA, Baboucar Sallah, Haruna Suso, Tamba Mansareh, Lamin Darboe, and Lamin Lang Sanyang. The 2nd accused person Louise Gomez, an ex-deputy director of the said agency, passed away in Government custody, during the course of the trial. However, Yusupha Jammeh, the 6th accused person was discharged by the Court after the State made an application for his release.

When the case was called before Justice Kumba Sillah-Camara of the Banjul High court, Lawyer Antouman Gaye, told the court that the prosecution has called on all the witnesses they intend to prove their case.

Lawyer Emmanuel E. Chime, the counsel for the first accused person, Yankuba Badjie informed the court that they will also file a 'no case to answer' as he beseeched the court to grant them one or two weeks to do so.

The trial Judge Justice Kumba Sillah-Camara in her ruling said the court can only grant the defence one week.

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