By Landing Ceesay
Prosecutors in the murder trial of Kumba Sinyan have accused her of conspiring with a fellow inmate to incite a riot at the Mile 2 Central Prisons.
The allegations were outlined in a 21-paragraph affidavit filed by the state in opposition to a motion brought by Sinyan’s defense team. According to the affidavit, Sinyan allegedly collaborated with another inmate, Mariama Jallow, to plan the disturbance.
This accusation surfaced as part of the state’s response to a motion filed by defense counsel Sagar Thomas-Twum, who is challenging the conditions of Sinyan’s imprisonment.
Kumba Sinyan, a young entrepreneur, is on trial for murder under Section 187 of The Gambia’s Criminal Code. Prosecutors claim that on September 14, 2022, at the Friendship Hostel in Bakau, Sinyan fatally wounded Lamarana Jallow by cutting his stomach with an object. The charge carries a potential death penalty under Section 188 of the Criminal Code.
In a motion dated December 5, 2024, Sagar Thomas-Twum requested the High Court to declare Sinyan’s previous detention in the convict section of the female wing of Mile 2 Central Prisons unconstitutional. This motion was supported by a 23-paragraph affidavit sworn by Adama Cooper Jah, an administrative assistant at Harriet Martha N’dow Law Chambers.
According to Cooper Jah, Sinyan was transferred from the remand section to the convict section of Mile 2 on September 2, 2024, following an alleged altercation with another inmate on August 29, 2024. She stated that the transfer was conducted under intimidating circumstances, with prison and riot squad officers in full riot gear removing Sinyan from her cell without prior notice or explanation.
The defense argues that the transfer violated Sinyan’s rights, given her status as a remand prisoner rather than a convicted individual. They have called for the court’s intervention to address what they describe as unconstitutional treatment of their client.”The Applicant (Kumba Sinyan) has not been convicted of her current charges for which she stands trial or any other offense nor has there been any subsequent order from the court for her to be removed from the remand section to the convict section of the Female Wing of the Prison. The Applicant who was undergoing a mental health crisis has been completely traumatized by this incident. Previous to this incident, on the 24th day of April 2024, during the trial of her case, the court made an order for her to be medically examined.
“Subsequent to this a medical report dated the 20 day of May, 2024, was submitted by one Dr. Martha Hernandez, Psychiatric consultant of the Edward Francis Small Teaching Hospital. The court order and medical report are produced, exhibited, and marked. Prior to the medical report prepared by the said Dr. Hernandez on the 20th day of May 2024, an independent psychological examination was performed on the Applicant on the 3rd day of May 2024 by one Dr. Silvia Lorenzi of Peace of Mind, Brufut Gardens, Kombo North District, West Coast Region, The Gambia who produced a report dated the 10th day of May 2024. The report is produced, exhibited, and marked,” Mrs. Cooper Jah stated.
Mrs. Cooper-Jah stated that Kumba has been consistently taking her prescribed medication and attending her monthly sessions with Dr. Hernandez, as outlined in her medical report. She further noted that Kumba has had several sessions with Dr. Lorenzi at Mile Two Prisons on May 3rd, July 5th, and September 13th, 2024.
Additionally, Mrs. Cooper-Jah mentioned that on July 4th and 5th, 2024, Dr. Lorenzi provided psycho-social support to Kumba in court during her testimony. However, she highlighted that the lack of privacy, confidentiality, and the unfavorable conditions of Dr. Lorenzi’s sessions at the prison prompted Counsel Twum to request, in a letter dated May 24th, 2024, permission from the Director General for Kumba Sinyan to visit Dr. Lorenzi’s clinic at Peace of Mind.
“Regrettably, this request was denied by the Director General via letter dated 10th day of September 2024. The said response is produced, exhibited, and marked. The actions of the prison authorities which worsened her mental health and psychological wellbeing left her suicidal as a result. Following the above-mentioned events on the 2nd day of September 2024, Kumba Sinyan was admitted to the Mile Two Central Prisons Infirmary under the custody of Prison Medic Yusupha Jabang and Isatou Ceesay and has been placed under a mandatory 72-hour watch.
“Upon being alerted about these events by the Applicant (Kumba Sinyan) Counsel Dunn approached the Commissioner of Operations Mr. Lamin Sowe who confirmed the information we received from the Applicant and further explained that the transfer was a prison policy intended to reduce prison congestion. When Counsel Dunn protested and demanded for the Applicant to be returned to the remand section, Commissioner Sowe failed to do so,” she said.
Mrs. Cooper-Jah stated that on September 5, 2024, there was no change in Kumba’s situation. Counsel Dunn was compelled to meet with the Director General of Mile Two Central Prisons, Ansumana Manneh, in the presence of Commissioner Sowe, the Commissioner for Female Prisons Joanna Mendy, Prison Medic Isatou Ceesay, and another female prison officer.
During the meeting, Mrs. Cooper-Jah explained that the Director General instructed Kumba’s transfer to the remand section. However, these orders were not implemented by Commissioner Sowe and Commissioner Mendy.
She further revealed that a letter dated September 9, 2024, was sent to the Director General demanding Kumba’s release from the convict section and her transfer to the remand section. Despite this, there was no response to the letter.
Mrs. Cooper-Jah added that Kumba was discharged from the infirmary on September 25, 2024, only to be returned to the convict section, where she remained until October, even though she is classified as a remand prisoner.
During this period, the Applicant’s Counsel filed an Ex-parte Motion seeking her release. However, the motion could not be heard despite multiple follow-ups due to the summer vacation and the trial judge proceeding on maternity leave, leaving the case unassigned to another judge. During this time, the Applicant was eventually released from the convict section and returned to the remand wing, she stated.
In response to the motion filed by Counsel Sagar Thomas-Twum on behalf of Kumba Sinyan, the State submitted a 21-paragraph affidavit opposing the motion.
The State’s affidavit was sworn by Commissioner Joana Abby Mendy of The Gambia Prisons Services, assigned to Mile 2 Central Prisons. Commissioner Mendy, citing her role as the commanding officer, affirmed her familiarity with the matter.
She referenced a letter dated September 9, 2024, sent to the Director General, demanding Kumba’s transfer from the convict section back to remand. According to Mrs. Cooper-Jah, no response was received to the letter. Furthermore, the Applicant was released from the infirmary on September 25, 2024, and returned to the convict section, where she remained until sometime in October, despite being a remand prisoner. Commissioner Mendy said she has been shown the Motion filed on 5th December 2024 with the affidavit in support sworn to by one Adama Cooper Jah, the Administrative Assistant of Harriet Martha N’dow Law Chambers, and exhibits thereto attached.
Commissioner Mendy said on the 29th of August 2024, Kumba Sinyan had an altercation with another female inmate called Mariama Jallow, which almost became physical.
“After the incident, I received intelligence that the Applicant and Mariam Jallow, planned the altercation so that when they are called by the Officers for interrogation, they will cause a riot. The act of the Applicant is a violation of prison rules and as a result, the Applicant was charged in the Prison charge book and the copy of the prison charge book is herein attached and marked exhibit R1. The officers decided to separate her and Mariama Jallow.
“On the 2nd of September, the Applicant (Kumba Sinyan) and another inmate called Mimi, were transferred from the remand wing to another space closer to the convicted section that does not house the convicted prisoner. The space was created and used to house the persons of the remand wing because the remand wing is congested and cannot house 19 female remand prisoners. Right now the female remand wing is housing 9 remand prisoners and the created space is housing 7 while another 3 persons other than the applicant are now mixing with convicted prisoners due to lack of space,” Commissioner Mendy stated.
Commissioner Mendy further argued that Mrs. Cooper-Jah’s statement that Kumba Sinyan was removed from the remand wing is false. She said Kumba was informed and asked to move to the created space but she refused and resisted the order.
Commissioner Mendy said that based on the refusal of Kumba to move, the riot squad was alerted to standby in case she caused chaos.
“The applicant (Kumba Sinyan) while being taken to the created space threatened the officers that she would commit suicide if they took her to that space. The Applicant is notoriously known to be disobedient in prison and disrespectful to prison officers. Paragraph 4q of the Affidavit in Support is False. Commissioner Sowe replied that he was not the commander of the Female wing and did not have the authority to transfer the applicant and advised the Counsel to approach the Commander of the female wing.
“Paragraph 4s of the Affidavit in Support is False. The Director asked me to carry out the punishment on the Applicant and take her back when she completed her punishment. The Applicant’s transfer to the created space is an administrative procedure to address violations of prison rules as well as to secure the safety of the prisoners in situations of riots and to ensure a conducive environment for Prisoners. The Applicant was immediately released from detention,” Commissioner Mendy said.
When the case was called, State Counsel F. Drammeh informed the court that an affidavit opposing the motion on notice filed by Kumba Sinyan’s lawyer had been submitted.
Counsel Sagar acknowledged receipt of the affidavit but informed the court that she had not yet had the opportunity to discuss it with her client.
In response, the presiding Judge, Hon. Justice Ebrima Jaiteh, granted a 20-minute recess to allow Counsel Sagar to consult with her client, Kumba Sinyan.
Following the recess, Counsel Sagar informed the court that after consulting her client, additional time would be required to prepare a response to the state’s affidavit in opposition.
“I am not ready to proceed but I have an application to make. My lord, the accused had a chance to go through the affidavit in opposition, and based on our observation, there are very serious allegations on it that we will need time to respond to. So there is a need to respond with an affidavit in reply otherwise we would have deemed to have admitted these allegations. We would advise ourselves and respond to the allegations. As a result, we will be filing an adjournment so that we can file it.
“I have seen that the state affidavit in opposition was filed on the 6th of December 2024 but we were served only yesterday late in the evening. So we had no opportunity to go to Mile 2 to consult with our client until this morning when we came to court. I think because of the fundamental rights of the accused person under section 24 of the constitution, she Should be accorded enough time to prepare for her defense against these serious allegations. That is why we are asking for time to go back and do the needful,” Counsel Sagar stated.
State Counsel F. Drammeh did not oppose the adjournment application but urged the court to exercise its discretion in deciding the matter.
Hon. Justice Jaiteh subsequently granted the application, allowing the defense time to file a reply.
“I think the affidavit of opposition should have been served timeously to provide ample time to the defense Counsel to prepare and respond adequately. So serving at the neat of time is out of order that and that cannot accepted. Under these circumstances the application for adjournment is hereby granted,” Hon. Justice Jaiteh ordered.