Judge Ebrima Jaiteh of Banjul High Court recommends reviewing prosecutorial practices to prevent similar failures in future cases and to ensure that the case is efficiently and handled with due diligence.
Recently, Judge Jaiteh has acquitted Henry Gomez, who faced seven criminal offences for the prosecutor’s failure to present a witness.
Gomez was charged on October 12, 2023 with conspiracy to commit felony, robbery, assault and threatening violence, contrary to various sections of the criminal code. He was arrested on March 12, 2024, where he pleaded not guilty to all charges. The prosecution began the case on March 26, 2024 by calling on the first witness, Ramin Manne.
However, the case soon faced a long delay as prosecutors struggled to secure additional witnesses. Over the course of the year, multiple postponements were permitted, and prosecutors cited the difficulty of contacting witnesses whose phone numbers are said to be no longer in service. However, the court found the excuse to be inadequate and noted that official communications with law enforcement have not been presented to verify attempts to find a witness.
The defense strongly opposed the prosecution’s repeated demands for postponement, claiming that the long delay violated its constitutional right to a rapid trial, as inscribed in Section 24 of the 1997 Gambia Constitution. The court underscored and agreed that judicial discretion in granting a postponement must be exercised wisely only under persuasive circumstances.
While handing down the verdict, Judge Evrima Jaite pointed out that the prosecutor had plenty of time to present the case, but he did not. The only evidence submitted was the defendant’s warning statement (Exhibition P1), which he said was deemed insufficient to establish a prima facie case against him. As a result, the prosecutor’s lawsuit was closed.
“The repeated failure to produce prosecutor’s witnesses, coupled with a lack of verifiable evidence, demonstrates a lack of due diligence and a disregard for the defendant’s fundamental rights to a swift trial,” the judge said.
There was no substantial evidence against the accused, and the court upheld the defense and acquitted Gomez of all charges. He was immediately discharged from the hospital.
