Justice Janneh slams police over poor investigation in FGM death trial

Upon arraignment, all three accused pleaded not guilty. They were later acquitted and discharged after their lawyers filed a “No Case to Answer” application when the prosecution closed its case.

Delivering her ruling, Justice Janneh said the evidence before the court showed that female circumcision indeed occurred on the deceased, Baby Sarjo Conteh, leading to her death. However, she stressed there were significant gaps in linking the accused persons to the offences charged.

“Our criminal justice system is accusatorial and not inquisitorial. Those saddled with the responsibility of accusing others of crime must leave the evidence bare for all to see,” Justice Janneh stated.

From the totality of the prosecution’s evidence, she said the investigation fell short of the standard expected in a matter of “this gravity.” Several witnesses, including police officers, admitted under cross-examination that they did not personally visit the scene of the alleged incident. They also did not undertake independent investigative steps beyond receiving and relaying information.

Justice Janneh said this omission was significant, particularly in a case involving the death of an infant under suspicious circumstances. “An effective criminal investigation ordinarily requires, at a minimum, prompt visitation of the scene, identification and interviewing of material witnesses, and the collection of all relevant physical and circumstantial evidence,” she stated.

The absence of such steps left critical gaps in the prosecution’s case, especially in linking the accused to the offences.

Of equal concern was the manner in which the purported confessional statements were obtained. Justice Janneh said the evidence showed the statements were recorded in non-compliance with Section 31(2) of the Evidence Act. The law requires the presence of an independent witness at the time of recording and signing.

“As a result, this Court was left with no option but to reject those statements. It is unfortunate that the mandatory statutory safeguards governing the recording of confessional statements were not complied with, particularly in a case of this nature,” she stressed.

She added that compliance would have enabled the Court to properly consider such evidence. The failure to comply deprived the Court of potentially critical evidence.

Justice Janneh said these observations underscore the importance of thorough, professional, and legally compliant investigations, especially in cases involving serious offences and vulnerable victims.

“Investigative lapses of this nature not only weaken the prosecution’s case but also undermine the administration of justice,” she said before acquitting and discharging the accused persons.