IN THE
Criminal Appeal No: 15/07
BETWEEN
EBRIMA SAWANEH 1st APPELLANT
PAP SAINE 2nd APPELLANT
SARATA JABBI DIBBA 3rd APPELLANT
PA MODOU FAAL 4th APPELLANT
SAM SARR 5th APPELLANT
BAI EMIL TOURAY 6Th APPELLANT
VS
THE STATE RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE that the Appellants being dissatisfied with the decision of the
High Court contained in the judgment of the court dated the 6th day of August
2009 by Honourable Justice Fagbenle, doth hereby appeal to The Gambia Court of
Appeal upon the grounds set out in paragraph 3 and will at the hearing of
appeal seek the relief set out in paragraph 4.
2. And the Appellants further state that the names and addresses of persons
directly affected by the appeal are those set out in paragraph 5.
3. Part of the decision of the lower court being complained of whole of the
decision.
GROUNDS OF APPEAL
1. The court erred in law and fact in over-ruling the no case submission with
respect of the Appellants.
Particulars of Error
a. The court did not avert its mind to the fact that all the vital ingredients
of the offences charged have not been established.
b. The court failed to avert its mind to the fact that the testimonies of the
witnesses are manifestly unreliable and inconsistent.
c. The court did not avert its mind to the law with respect to corroboration.
2. The court erred in not deciding the probative value of the cautionary statements
of the Accused persons before relying on them.
Particulars of Error
a. The court failed to rule on the fact that arguments have been advanced
with respect to non compliance with the relevant section of the Evidence
Act relating to admissions and confessions.
3. The court erred in law in admitting exhibits I to L email printouts in clear
to
Contravention of the wordings of whole of Section 22 of the Evidence Act 1994.
relating computer produced documents.
Particulars of Error
a. The court failed to avert its mind to the conditions precedent contained in
Section 22 of the Evidence Act before computer produced documents
could be admitted.
4. The court misdirected itself when it stated that he did not believe the
evidence.
Of the Accused persons because they both approbate and reprobate at the same
Time.
Particulars of Misdirection
a. The court did not thoroughly evaluate the evidence of the Appellants in
order to realize that the Appellants testimonies were consistent with their
pleas
5. The court erred and misdirected itself in holding that the prosecution case
has
been proved beyond reasonable doubt with respect to all the offences
charged.
Particulars of Error and Misdirection
a. The court failed to avert its mind to the legal requirement of
corroboration with respect to counts 1 and 4
b. The court failed to avert its mind to the evidence of the prosecution
witnesses that the alleged seditious and defamatory statement contained in the
charge did not categorically state the meaning they ascribe to it.
c. The court failed to avert its mind to the fact that the prosecution's case
is base on weak opinion evidence of state security agents only.
d. The court failed to avert its mind to the fact that offences of the nature
of counts 234 and 6cannot be proven by innuendoes and insinuations as stated in
the charge and evidence of the prosecution witnesses.
6. The judgment is against the weight of the evidence adduced before the court.
4. RELIEF SOUGHT FROM THE
That the judgment delivered on 6th day of August 2009 by the High Court of
Gambia be quashed and over turned and the Appellants be acquitted and
discharged on all counts.
5. PERSONS DIRECTLY AFFECTED BY THE APPEAL:
NAMES: ADDRESSES:
EBRIMA SAWANEH SERREKUNDA
Kombo Saint Mary Division
PAP SAINE SERREKUNDA
Kombo Saint Mary Division
SARATA JABBI DIBBA SERREKUNDA
Kombo Saint Mary Division
PA MODOU FAAL SERREKUNDA
Kombo Saint Mary Division
SAM SARR SERREKUNDA
Kombo Saint Mary Division
BAI EMIL TOURAY SERREKUNDA
Kombo Saint Mary Division
IN THE GAMBIA COURT OF APPEAL
Criminal Appeal No: 15/07
BETWEEN
EBRIMA SAWANEH 1st APPELLANT
PAP SAINE 2nd APPELLANT
SARATA JABBI DIBBA 3rd APPELLANT
PA MODOU FAAL 4th APPELLANT
SAM SARR 5th APPELLANT
BAI EMIL TOURAY 6Th APPELLANT
VS
THE STATE RESPONDENT
NOTICE OF APPEAL
LAMIN S. CAMARA
DANDIMAYO CHAMBERS
17A PICTON STREET
BANJUL, THE GAMBIA
(LEGAL PRACTITIONER FOR THE APPELLANTS)
ATTORNEY GENERAL AND MARINA PARADE, BANJUL
MINISTER OF JUSTICE
Dated this 17 th day of August 2009
LAMIN S. CAMARA
DANDIMAYO CHAMBERS
17A PICTON STREET
BANJUL, THE GAMBIA
(LEGAL PRACTITIONER FOR THE APPELLANTS)
To:
The Registrar
The Gambia Court of Appeal
High Court Complex
Banjul
Director of Public Prosecutions
Attorney General's Chambers
And Ministry of Justice
Marina Parade
Banjul
