By Admin
Justice Ebrima Jaiteh of the Banjul High Court has acquitted and discharged Henry Gomez of seven criminal charges due to the prosecution’s failure to present witnesses.
Mr. Gomez faced charges including conspiracy to commit a felony, robbery, assault, and threatening violence, all in violation of various provisions of the Criminal Code. The alleged offences took place on October 12, 2023.
Arraigned before the court on March 12, 2024, Mr. Gomez pleaded not guilty to all charges. The prosecution opened its case on March 26, 2024, with its first witness, Police Officer Lamin Manneh. However, subsequent proceedings were marred by repeated adjournments as the prosecution cited difficulties in securing additional witnesses, claiming their contact information was no longer valid.
Despite multiple adjournments granted by the court, the prosecution failed to provide any official documentation verifying efforts to locate the witnesses. The defence objected to further delays, arguing that the prolonged proceedings violated Mr. Gomez’s constitutional right to a fair and speedy trial under Section 24 of the 1997 Constitution of The Gambia.
Justice Jaiteh concurred with the defence, emphasizing that judicial discretion in granting adjournments must be exercised judiciously and based on compelling, verifiable reasons. The prosecution, he noted, had failed to meet this standard.
In delivering his ruling, Justice Jaiteh highlighted that the only evidence presented was Mr. Gomez’s cautionary statement (Exhibit P1), in which he denied the allegations and provided an alibi. This, the court determined, was insufficient to establish a prima facie case against him.
“The prosecution’s repeated failures to produce witnesses, combined with their lack of verifiable evidence to support their application, indicate a lack of due diligence and a disregard for the accused’s fundamental right to a speedy trial. The court is guided by High Court Practice Direction 6(1) of 2013, which emphasizes the need for efficient case management and the avoidance of unnecessary delays,” Justice Jaiteh stated.
In the interest of justice, the court deemed the prosecution’s request for an adjournment untenable, finding the reasons provided insufficiently compelling. Consequently, the prosecution’s case was closed due to its failure to present adequate evidence.
With no substantial evidence against the accused, the court ruled that a prima facie case had not been established. Accordingly, the court ruled in favor of the defence, acquitted Gomez of all seven charges, and ordered his immediate discharge.
Furthermore, the court strongly recommended a review of prosecutorial practices to prevent similar shortcomings in the future, emphasizing the need to uphold the rights of accused persons and ensure that cases are handled with due diligence and efficiency.