Court Orders EFSTH Chief Medical Director To Make Kumba Sinyan’s Medical Report Available
By Landing Ceesay
Hon. Justice Sidi K. Jobarteh of the High Court of the Gambia has ordered the Chief Medical Director of the Edward Francis Small Teaching Hospital (EFSTH) to provide the medical report of Kumba Sinyan, who is standing a murder trial.
A young entrepreneur, Kumba Sinyan, faces a single charge of murder under Section 187 of the Criminal Code, Laws of the Gambia 2009.
The Prosecutors alleged that on September 14, 2022, at The Friendship Hostel in Bakau, Kumba Sinyan intentionally caused the death of Lamarana Jallow by inflicting a fatal injury to his abdomen, an offense punishable by death under Section 188 of the Criminal Code, Laws of the Gambia 2009.
Kumba Sinyan’s Lawyer Sagar C.T. Twum informed the court that the motion is filed in accordance with Section 24 of the 1997 Constitution of the Republic of the Gambia, Section 29 of the Women’s Act 2010, and Section 132 of the Criminal Procedure Code Volume 3.
Counsel Twum told the court that her client is not mentally fit to open her defense in the murder trial.
Additionally, Counsel Twum presented a five-paragraph affidavit sworn to by Dawda Sowe, a Legal Clerk at Harriet Martha (H.M.) N’dow Law Chambers, in support of the motion.
According to the affidavit, Kumba Sinyan complained of migraines and dizziness on April 15, 2024, prompting medical professionals at Mile 2 Central Prison to advise her to rest.
The Affidavit in support also indicated that subsequent counseling sessions revealed that she is in a psychologically volatile state and exhibits signs of Post Traumatic Stress Disorder (PTSD).
The medical team recommended an urgent psychiatric evaluation by qualified professionals, as well as ongoing psychosocial support.
Hon. Justice Jobarteh then ordered Kumba Sinyan to be taken to the hospital for a medical examination.
On the last adjourned date, Kumba Sinyan’s Lawyer informed the court that her client went to the hospital for a medical examination but there was no medical report given to her.
When Hon. Justice Jobarteh asked her, Kumba Sinyan confirmed to the court that she visited the hospital but she was not issued with any Medical report by the hospital.
Hon. Justice Jobarteh then ordered the Chief Medical Director of EFSTH to provide the medical to the court.
“There is no report in the file in respect to the Order made by the Court for the Accused (Kumba Sinyan) to be medically examined to ascertain if she is mentally fit to enter her defence. This is a criminal matter, and the Accused has a constitutional right to be accorded a speedy trial.