High Court of the Gambia, presided over by Justice Kumba Sillah-Camara
yesterday discharged Yusupha Jammeh, co-accused person who was standing
criminal trial with eight other accused persons alleged to have murdered Solo
Sandeng, the late UDP activist on the night of 14th of April, 2016, at the NIA
Headquarters in Banjul.
Yusupha Jammeh was the 5th accused person indicted along with eight others in the criminal trial which began last year before the said court.
Yusupha Jammeh, Tamba Mansaray, Lamin Darboe and Babucarr Sallah are represented by the National Agency for Legal Aid.
During yesterday’s sitting, prosecution’s lead counsel, Antouman A.B. Gaye informed the court that the State filed a nolle prosecui ( application to discontinue prosecution) against Yusupha Jammeh signed by the attorney general and minister of Justice.
Senior Counsel Antouman A.B. Gaye informed the court that the defense counsels were yesterday morning served with copies of the nolle prosecui.
Senior Counsel Antouman Gaye applied under Section 85 (1) of the Constitution of the Republic of The Gambia and pointed out that the State did not intend to prosecute Yusupha Jammeh any longer.
He further applied that Yusupha Jammeh be discharged accordingly.
Defense Counsel S. Fatty, the Legal Aid’s counsel who is representing Babucarr Sallah, Yusupha Jammeh, Tamba Mansaray and Lamin Darboe raised no objection to the application to discharge his client, Yusupha Jammeh.
The presiding judge cited Section 64 (1) of the Criminal Procedure Code and ordered the discharge of the accused person in the criminal case involving the State against Yankuba Badjie and nine others.
Justice Kumba Sillah-Camara pointed out that the suspect discharged do not bar the State from prosecuting him.
Lawyer Gaye, however, expressed gratitude to the court for accepting the nolle prosecui filed by the honourable attorney general.
Justice Kumba Sillah-Camara advised that whenever Yusupha Jammh name appears in the bill of indictment and the record of proceedings should be discarded.