Recently, Justice Jaiteh acquitted and discharged Henry Gomez, who was facing seven counts of criminal offenses due to the prosecution’s failure to present witnesses.
Gomez was charged on October 12 2023 with conspiracy to commit a felony, robbery, assault, and threatening violence, contrary to various sections of the Criminal Code. He was arraigned on March 12, 2024, where he pleaded not guilty to all charges. The prosecution began its case on March 26, 2024, by calling its first witness, Police Officer Lamin Manneh.
However, the case soon faced prolonged delays as the prosecution struggled to secure the attendance of additional witnesses. Over the course of a year, multiple adjournments were granted, with the prosecution citing difficulties in contacting witnesses whose phone numbers were allegedly no longer in service. The court, however, found this excuse inadequate, noting that no official correspondence with law enforcement had been presented to verify attempts to locate the witnesses.
The defence strongly objected to the prosecution’s repeated adjournment requests, arguing that the prolonged delay violated Gomez’s constitutional right to a speedy trial, as enshrined in Section 24 of the 1997 Constitution of The Gambia. The court agreed, emphasising that judicial discretion in granting adjournments must be exercised judiciously and only under compelling circumstances.
While delivering the ruling, the presiding judge, Justice Ebrima Jaiteh, noted that the prosecution had ample time to present its case but failed to do so. The only evidence submitted, he said, was the accused’s cautionary statement (Exhibit P1), which was deemed insufficient to establish a prima facie case against him. Consequently, the prosecution’s case was closed.
“The prosecution’s repeated failures to produce witnesses, coupled with their lack of verifiable evidence, demonstrate a lack of due diligence and a disregard for the accused’s fundamental right to a speedy trial,” the judge remarked.
With no substantial evidence against the accused, the court ruled in favour of the defence and acquitted Gomez of all charges. He was discharged immediately.
