By Landing Ceesay
The defence counsels of three accused persons in the alleged coup plotters’ trial filed a “No Case To Answer Submission” after the state closed its case.
Four members of the Gambia Armed Forces (GAF) and one member of the Gambia Police Force (GPF) are on trial for treason before Justice Mahoney of the High Court of the Gambia.
The Four soldiers and one police officer were accused of an attempted coup and charged with five counts, including treason.
The Soldiers and a Police Officer charged are Lance Corporal Sanna Fadera (1st accused) Private Officer, Gibril Darboe (2nd accused) Corporal Ebrima Sannoh (3rd accused), and Corporal Omar Njie (4th accused), Fabakary Jawara (5th accused) is the Police Officer charged alongside the Soldiers.
The prosecution called eight witnesses in the trial. However, after the prosecution closed its case, Counsels for three of the five accused persons filed a “no case to answer” submission. The 3 accused persons are; Private Gibril Darboe (2nd accused) Corporal Ebrima Sannoh (3rd accused), and Corporal Omar Njie (4th accused).
Lance Corporal Sanna Fadera (1st accused), and Fabakary Jawara (5th accused) did not file the “no case to answer submission.”
A “no case to answer submission” is a procedural motion made by a defendant in a criminal trial. The purpose of the motion is to ask the judge to dismiss the charges against the defendant before the defense has to present its case.
The lawyers representing these 3 accused persons told the court that the prosecution (the state) failed to produce a prima facie case against their clients.
The 5 accused persons in the case are facing numerous counts, and they are;
Count 1 of the charges; Treason contrary to section 35(1) (a) of the Criminal Code Cap 10:01 Vol 3 Revised Laws of the Gambia 2009.
The Particulars of the Offence: The Prosecutors alleged that L/Cpl Sanna Fadera, P/O Gibril Darboe, Cpl Ebrima Sannoh, S/I Fabakary Jawara and Lamin Jadama (now at large) during the year 2022 at Kafuta village and diverse places in the Gambia within the Jurisdiction of the Honourable Court prepared audio endeavoured to overthrow the Government of the Gambia by unlawful means and thereby committed an offence.
Count 2 of the charges; Treason contrary to section 35 (1) (g) of the Criminal Code Cap 10:01 Vol.3 Revised Laws of the Gambia 2009.
The Particulars of the Offence; the Prosecutors alleged that L/Cpl Sanna Fadera, P/O Gibril Darboe, Cpl Ebrima Sannoh, S/I Fabakary Jawara and Lamin Jadama (now at large) during the year 2022 at diverse places in the Gambia within the Jurisdiction of the Honourable Court agreed amongst themselves to overthrow the Government of the Gambia and thereby committed an offence.
Count 3 of the charges; Concealment of treason contrary to section 36 (a) of the Criminal Code Cap 10:01 Vol 3 Revised Laws of the Gambia 2009.
The Particulars of Offence: the Prosecutors alleged that P/O Gibril Darboe, Cpl Ebrima Sannoh, Cpl Omar Njie and S/I Fabakary Jawara during the year 2022 at diverse places in the Gambia within the Jurisdiction of the Honourable Court knowing that one L/Cpl Sanna Fadera intend to commit treason to wit you failed to report it to a Minister, or a Magistrate or police officer or a member of the Armed Forces and thereby committed an offence.
Count 4 of the charges: Concealment of treason contrary to section 36 (b) of the Criminal Code Cap 10:01 Vol.3 Revised Laws of the Gambia 2009.
The Particulars of Offence; P/O Gibril Darboe, Cpl Ebrima Sanno, Cpl Omar Njie during the year 2022 at diverse places in the Gambia within the Jurisdiction of the Honourable Court knowing that one L/Cpl Sanna Fadera intend to commit treason to wit you did not use other reasonable effort to prevent the commission of the offence and thereby committed an offence.
Count 5 of the charges, Inciting to mutiny contrary to section 40 (c) of the Criminal Code Cap 10:01 Vol.3 Revised Laws of the Gambia 2009.
The Particulars of the Offence; L/Cpl Sanna Fadera during the year 2022 at diverse places in the Gambia within the Jurisdiction of the Honourable Court attempted to incite one SGT Karamo Jatta, and one Cpt Mamat Jobe to commit an act of mutiny and thereby committed an offence.
We will bring the arguments of each of the counsels representing these three accused persons who filed a “No Case To Answer Submission” in our subsequent publications