The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, has acquitted and discharged former State House Chief Driver Mansa Sumareh and Ebrima J.S. Sanneh, a Protocol Officer at the Ministry of Foreign Affairs, on all eight counts related to the high-profile diplomatic passport scandal.
Delivering judgment today, Justice Ebrima Jaiteh ruled that the prosecution failed to prove its case beyond a reasonable doubt, thereby ordering the full acquittal of both accused persons.
Sumareh and Sanneh were initially charged on June 3, 2020, on eight counts, including forgery, conspiracy to commit a felony, uttering false documents, and making documents without authority. The charges stemmed from allegations that the duo facilitated the illegal issuance of a diplomatic passport to one Bakary Susso using a forged letter purportedly from the Office of the President. The prosecution alleged that Susso paid Sumareh a total of $3,400 to obtain the passport. However, the defence counsel, S. Gaye, argued that the prosecution had failed to establish any agreement between the accused persons to support the conspiracy charges. He further submitted that the counts relating to Procuring Execution of Documents (Counts 7 and 8) should be dismissed because the alleged victim, Abdoulie Bah, was never called to testify.
After carefully evaluating the evidence, Justice Jaiteh identified major inconsistencies and credibility issues in the testimonies of key prosecution witnesses, noting the lack of corroborative or independent evidence. Key Witness Assessments
- PW4: Momodou Sowe (Protocol Officer) – The court found his testimony “unreliable and unconvincing.” Sowe admitted to drafting the alleged approval letter and accepting $300 from Sumareh. Justice Jaiteh dismissed Sowe’s claim that he created the letter to “expose” Sumareh as “an implausible post-facto rationalization” and described his conduct as a “grave breach of official duty and integrity.”
- PW6: Kebba Drammeh (Principal Records Officer) – Drammeh admitted to stamping the forged letter (Exhibit P6) without verifying its origin. Justice Jaiteh described his actions as “gross negligence of duty” and a “reckless disregard for institutional safeguards.”
- PW8: Bakary Susso (Passport Applicant) – Susso’s claim that he paid $3,400 to Sumareh was rejected as “inherently fragile.” The court noted the absence of corroboration through receipts, bank records, or witnesses to the alleged payment, rendering his testimony unsafe as evidence.
Legal Findings
Justice Jaiteh reiterated the long-standing legal principle from Woolmington v DPP (1935) AC 462, affirming that the burden of proof rests solely on the prosecution to establish each element of the offence beyond a reasonable doubt.
- Forgery & Making Documents (Counts 1 & 5): The prosecution failed to present direct evidence showing that either accused prepared or signed the forged document. The evidence instead indicated that PW4 (Sowe) drafted the letter himself.
- Uttering False Documents (Count 3): The court found no evidence of criminal intent (mens rea) on the part of Sanneh, who was merely performing his official duties when submitting the document, with no proof that he knew it was forged.
- Conspiracy (Counts 2, 4, 6 & 8): Justice Jaiteh found no evidence of collaboration or intent between the accused persons, observing that they were strangers before the investigation and that no coordinated plan was established.
Court’s Final Conclusions
Justice Jaiteh identified four key grounds for acquittal:
- The prosecution failed to prove, beyond a reasonable doubt, any essential element of the offences.
- No credible evidence linked the accused to the forgery, uttering, or unauthorized making of documents.
- No conspiracy between the accused persons was established.
- The prosecution’s case was undermined by inconsistent, unreliable, and uncorroborated evidence.
On these grounds, Justice Jaiteh acquitted and discharged Mansa Sumareh and Ebrima J.S. Sanneh on all eight counts, bringing the long-running diplomatic passport case to a close.